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OSHA Proposed Rules

Revising the Notification Requirements in the Exposure Determination; Provisions of the Hexavalent Chromium Standards   [3/16/2010]
[PDF]
FR Doc 2010-5731
[Federal Register: March 16, 2010 (Volume 75, Number 50)]
[Proposed Rules]               
[Page 12485-12489]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16mr10-17]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1915, 1926

[Docket No. OSHA-H054a-2006-0064]
RIN 1218-AC43

 
Revising the Notification Requirements in the Exposure 
Determination; Provisions of the Hexavalent Chromium Standards

AGENCY: Occupational Safety and Health Administration (OSHA), 
Department of Labor.

ACTION: Notice of proposed rulemaking.

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SUMMARY: On February 28, 2006, OSHA published a final rule for 
Occupational Exposure to Hexavalent Chromium (Cr

[[Page 12486]]

(VI)). Public Citizen Health Research Group (Public Citizen) and other 
parties petitioned for review of the standard in the United States 
Court of Appeals for the Third Circuit. The court denied the petitions 
for review on all but one issue. The Third Circuit remanded the 
employee notification requirements in the standard's exposure 
determination provisions for further consideration. More specifically, 
the court directed the Agency to either provide an explanation for its 
decision to limit employee notification requirements to circumstances 
in which Cr(VI) exposures exceed the permissible exposure limit (PEL) 
or take other appropriate action with respect to that paragraph of the 
standard. After reviewing the rulemaking record on this issue, and 
reconsidering the provision in question, OSHA has decided to propose a 
revision of the notification requirements, by means of this Notice of 
Proposed Rulemaking (NPRM), that would require employers to notify 
employees of the results of all exposure determinations.

DATES: Comments to this NPRM, hearing requests, and other information 
must be submitted (transmitted, postmarked, or delivered) by April 15, 
2010. All submissions must bear a postmark or provide other evidence of 
the submission date.

ADDRESSES: You may submit comments, hearing requests, and other 
materials, identified by Docket No. OSHA-H054a-2006-0064, by any of the 
following methods:
    Electronically: You may submit comments and attachments 
electronically at http://www.regulations.gov which is the Federal 
eRulemaking Portal. Follow the instructions online for submitting 
comments.
    Facsimile: OSHA allows facsimile transmission of comments and 
hearing requests that are 10 pages or fewer in length (including 
attachments). You can fax these documents to the OSHA Docket Office at 
(202) 693-1648; hard copies of these documents are not required. 
Instead of transmitting facsimile copies of attachments that supplement 
these documents (e.g., studies, journal articles), commenters must 
submit these attachments to the OSHA Docket Office, Technical Data 
Center, Room N-2625, OSHA, U.S. Department of Labor, 200 Constitution 
Ave., NW., Washington, DC 20210. These attachments must clearly 
identify the sender's name, the date, and the Docket No. (OSHA-H054a-
2006-0064) so that the Agency can attach them to the appropriate 
document.
    Regular mail, express delivery, hand (courier) delivery, and 
messenger service: Submit comments and any additional material to the 
OSHA Docket Office, Docket No. OSHA-H054a-2006-0064 or RIN No. 1218-
AC43, Technical Data Center, Room N-2625, OSHA, U.S. Department of 
Labor, 200 Constitution Ave., NW., Washington, DC 20210; telephone: 
(202) 693-2350. (OSHA's TTY number is (877) 889-5627.) Note that 
security procedures may delay OSHA's receipt of comments and other 
written materials submitted by regular mail. Please contact the OSHA 
Docket Office for information about security procedures concerning 
delivery of materials by express delivery, hand delivery, and messenger 
service. Deliveries (hand, express mail, messenger service) are 
accepted during the Docket Office's normal business hours, 8:15 a.m. to 
4:45 p.m., E.T.
    Instructions: All submissions must include the Agency name and the 
OSHA docket number (i.e., OSHA Docket No. OSHA-H054a-2006-0064). 
Comments and other material, including any personal information, will 
be placed in the public docket without revision, and will be available 
online at http://www.regulations.gov. Therefore, the Agency cautions 
commenters about submitting statements they do not want made available 
to the public or submitting comments that contain personal information 
(either about themselves or others) such as social security numbers, 
birth dates, and medical data.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov or to the OSHA Docket Office 
at the address above. Documents in the docket are listed in the http://
www.regulations.gov index; however, some information (e.g., copyrighted 
material) is not publicly available to read or download through this 
Web site. All submissions, including copyrighted material, are 
available for inspection and copying at the OSHA Docket Office. Contact 
the OSHA Docket Office for assistance in locating docket submissions.

FOR FURTHER INFORMATION CONTACT: For general information and press 
inquiries contact Ms. Jennifer Ashley, Director, OSHA Office of 
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Washington, DC 20210; telephone: (202) 693-1999. For 
technical inquiries, contact Maureen Ruskin, Office of Chemical 
Hazards--Metals, Directorate of Standards and Guidance, Room N-3718, 
OSHA, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Washington, DC 20210; telephone: (202) 693-1950, fax: (202) 693-1678. 
Copies of this Federal Register notice are available from the OSHA 
Office of Publications, Room N-3101, U.S. Department of Labor, 200 
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
1888. Electronic copies of this Federal Register notice, as well as 
news releases and other relevant documents, are available at OSHA's Web 
page at http://www.osha.gov.

SUPPLEMENTARY INFORMATION:

I. Request for Comment

    OSHA requests comments on all issues related to this action 
including economic or other regulatory impacts of this action on the 
regulated community. OSHA will consider all of the comments, and the 
comments will become part of the record. OSHA will determine its next 
steps based on all comments and submissions.

II. Relationship Between This Proposed Rule and the Companion Direct 
Final Rule

    In direct final rulemaking, an agency publishes a direct final rule 
in the Federal Register with a statement that the rule will go into 
effect unless a significant adverse comment is received within a 
specified period of time. An identical proposed rule is often published 
at the same time. If significant adverse comments are not submitted in 
response to the direct final rule, the rule goes into effect. If a 
significant adverse comment is received, the agency withdraws the 
direct final rule and treats such comment as a response to the proposed 
rule. Direct final rulemaking is typically used where an agency 
anticipates that a rule will not be controversial. Examples include 
minor substantive changes to regulations, direct incorporations of 
mandates from new legislation, and in this case, minor changes to 
regulations resulting from a judicial remand.
    OSHA is publishing this proposed rule along with a companion direct 
final rule. The comment period for the proposed rule runs concurrently 
with that of the direct final rule. Any comments received under this 
proposed rule will also be treated as comments regarding the companion 
direct final rule. Likewise, significant adverse comments submitted to 
the companion direct final rule will also be considered as comments to 
this proposed rule.
    If OSHA receives a significant adverse comment on the companion 
direct final rule, the Agency will publish a timely withdrawal of the 
DFR and proceed with this NPRM. In the event OSHA

[[Page 12487]]

withdraws the companion direct final rule because of significant 
adverse comment, the Agency will consider all comments received when it 
continues with this proposed rule. OSHA will then decide whether to 
publish a new final rule.

III. Discussion of Changes

    Paragraph (d) of the Chromium standard (29 CFR 1910.1026, 29 CFR 
1915.1026, 29 CFR 1926.1126) (71 FR 10100) is titled ``Exposure 
Determination'' and requires employers to determine the 8-hour time-
weighted-average exposure for each employee exposed to Cr(VI). This can 
be done through scheduled air monitoring (paragraph (d)(2)) or on the 
basis of any combination of air monitoring data, historical monitoring 
data, and/or objective data (paragraph (d)(3)). As originally 
promulgated, paragraph (d)(4) required the employer to notify affected 
employees of any exposure determinations indicating exposures in excess 
of the PEL. The employer can satisfy this requirement either by posting 
the exposure determination results in an appropriate location 
accessible to all affected employees or by notifying each affected 
employee in writing of the results of the exposure determination. Under 
the general industry standard, notice has to be provided within 15 work 
days, and in construction and maritime employers have 5 work days to 
provide the required notice.
    The requirement to notify employees of exposures above the exposure 
limit was consistent with Section 8(c)(3) of the Occupational Safety 
and Health Act of 1970 (OSH Act), which requires employers ``to 
promptly notify any employee who has been or is being exposed to toxic 
materials or harmful physical agents * * * at levels which exceed those 
prescribed by an applicable occupational safety and health standard,'' 
29 U.S.C. 657(c)(3). The promulgated notice requirement was more 
limited than the proposed chromium standard (69 FR 59306, Oct. 4, 
2004), however. The proposed standard would have required employers to 
notify affected employees of all exposure determinations, irrespective 
of the results. The broader, proposed notice requirement mirrored 
similar provisions in OSHA's other substance-specific health standards 
including, but not limited to, lead (29 CFR 1910.1025(d)(8)(i)); 
arsenic (29 CFR 1910.1018(e)(5)(i)); methylenedianiline (29 CFR 
1910.1050(e)(7)(i)); butadiene (29 CFR 1910.1051(d)(7)(i)); and 
methylene chloride (29 CFR 1910.1052(d)(5)(i)). All of those other 
standards require employers to notify employees of all exposure 
monitoring results.
    Public Citizen and other parties petitioned for review of the final 
chromium standard. (See Public Citizen Health Research Group v. Dept. 
of Labor, 557 F.3d 165 (3d Cir. 2009)). Part of Public Citizen's 
petition involved a challenge to paragraph (d)(4). Public Citizen 
argued that OSHA's decision to depart from the proposed rule and limit 
the employee notification requirement to exposures above the PEL was 
arbitrary and unexplained. Although OSHA defended the final 
notification provision on many grounds, including that it was 
consistent with Section 8(c)(3) of the OSH Act, the Third Circuit 
granted Public Citizen's petition for review with regard to the 
employee notification requirement (while denying all other challenges 
to the standard). See Public Citizen, 557 F.3d at 185-86. The court 
found that ``OSHA failed to provide a statement of reasons for 
departing from the proposed standard and past practice in other 
standards,'' id. at 186, and remanded paragraph (d)(4) to the agency 
``for further consideration and explanation.'' Id. at 191. The court 
``expect[ed] OSHA [to] * * * act expeditiously in either providing an 
explanation for its chosen notification requirements or taking such 
further action as may be appropriate.'' Id. at 192.
    In response to the Third Circuit's decision, OSHA re-examined the 
record. The Agency did not find any comments or testimony in the record 
on the narrow issue of whether employees should be notified of all 
exposure determinations. OSHA also confirmed that all of its other 
substance-specific health standards have broader notification 
requirements than the 2006 Cr(VI) standard, i.e., they require 
employers to notify employees of exposures even below the relevant 
exposure limits. See, e.g., lead (29 CFR 1910.1025(d)(8)(i)); arsenic 
(29 CFR 1910.1018(e)(5)(i)); methylenedianiline (29 CFR 
1910.1050(e)(7)(i)); butadiene (29 CFR 1910.1051(d)(7)(i)); and 
methylene chloride (29 CFR 1910.1052(d)(5)(i)).
    Upon reconsidering this issue, OSHA has decided to take action, by 
means of this notice, to propose an amendment to the notification 
requirements in the Cr(VI) standards. Consistent with the language in 
the proposed chromium standard, as well as past practice in OSHA's 
other substance-specific health standards, the amended provision would 
require employers to notify affected employees of all exposure 
determinations, whether above or below the PEL. OSHA is not proposing 
to change any other requirements in the exposure determination or 
notification provisions. For example, the number of work days employers 
have to provide notice to employees would remain unchanged.
    In the preamble to the final Cr(VI) standard, OSHA concluded that 
employees were exposed to significant risk at the previous PEL for 
Cr(VI) of 52 [mu]g/m\3\ and that lowering the PEL to 5 [mu]g/m\3\ 
substantially reduced that risk. 71 FR at 10223-25. Feasibility 
considerations led OSHA to set the PEL at 5 [mu]g/m\3\, even though the 
Agency recognized that significant risk remained at lower levels. See 
id. at 10333-39. For example, OSHA still expected 2.1-9.1 excess lung 
cancer deaths per 1000 workers with a lifetime of regular exposure to 
Cr(VI) at 1 [mu]g/m\3\. See id. at 10224 (Table VII-1). OSHA explained 
in the preamble to the final rule that the ancillary provisions of the 
standard, e.g., monitoring and medical surveillance requirements, were 
expected to reduce the residual risk remaining at the final PEL. Id. at 
10334. OSHA believes that this amendment to the notification 
requirement will, in addition to the other ancillary requirements, 
further reduce the risk of health impairment associated with Cr(VI) 
exposures below 5 [mu]g/m\3\.
    Notifying employees of their exposures arms them with knowledge 
that can permit and encourage them to be more proactive in working 
safely to control their own exposures through better work practices and 
by more actively participating in safety programs. As OSHA noted with 
respect to its Hazard Communication Standard: ``Workers provided the 
necessary hazard information will more fully participate in, and 
support, the protective measures instituted in their workplaces.'' 59 
FR 6126, 6127 (Feb. 9, 1994). Exposures to Cr(VI) below the PEL may 
still be hazardous, and making employees aware of such exposures may 
encourage them to take whatever steps they can, as individuals, to 
reduce their exposures as much as possible.
    This may be of particular significance for welders, who make up 
almost half of the employees affected by the chromium standard. See 71 
Fr at 10257-59 (Table VIII-3). Welders have a unique ability to control 
their own Cr(VI) exposures by making simple changes to their work 
practices, e.g., changes in technique, posture or the positioning of 
portable local exhaust ventilation. See, e.g., Shaw Environmental, 
Inc., Cost and Economic Impact Analysis of a Final OSHA Standard for 
Hexavalent Chromium, Chapter 2-Welding, Docket No. OSHA-H054a-2006-
0064,

[[Page 12488]]

Document No. 2541, page 2-156 (``Another environmental variable is the 
variation in welding technique and posture used by different welders. 
Small differences in the welder's body position in relation to the 
welding task, the welder's body position in relation to the weld, and 
any LEV [local exhaust ventilation] may create large differences in an 
individual's fume exposure. Welder information and training should 
reduce the occurrence of this poor work practice.'').
    For a complete discussion of applicable legal considerations, 
OSHA's economic analysis and Regulatory Flexibility Act certification, 
issues involving federalism and State-Plan States, and OSHA's response 
under the Unfunded Mandates Reform Act, see the preamble to the direct 
final rule.

IV. OMB Review Under the Paperwork Reduction Act of 1995

    The proposed revision to the notification requirement in the Cr(VI) 
standard is subject to review by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act of 1995 (PRA-95), 44 U.S.C. 
3501 et seq., and OMB's regulations at 5 CFR part 1320. The information 
collection requirements (``paperwork'') currently contained in the 
Chromium VI (Cr(VI)) standard are approved by OMB (Information 
Collection Request (ICR), Chromium (VI) Standards for General Industry 
(29 CFR 1910.1026), Shipyard Employment (29 CFR 1915.1026), and 
Construction (29 CFR 1926.1126), under OMB Control number 1218-0252. 
The Department notes that a Federal agency cannot conduct or sponsor a 
collection of information unless it is approved by OMB under the PRA 
and displays a currently valid OMB control number, and the public is 
not required to respond to a collection of information requirement 
unless it displays a currently valid OMB control number. Also, 
notwithstanding any other provisions of law, no person shall be subject 
to penalty for failing to comply with a collection of information 
requirement if the requirement does not display a currently valid OMB 
control number.
    On June 22, 2009, OSHA published a preclearance Federal Register 
Notice, Docket No. OSHA-2009-0015, as specified in PRA-95 (44 U.S.C. 
3506(c)(2)(A)), allowing the public sixty days to comment on a proposal 
to extend OMB's approval of the information collection requirements in 
the Cr(VI) standard (74 FR 29517). This Notice also served to inform 
the public that OSHA was considering revising the notification 
requirements in the exposure determination provision in response to the 
court-ordered remand. At that point OSHA estimated the new burden hours 
and costs that would result from this potential amendment to the 
standard, and the public had sixty days to comment on those estimates 
in accordance with the PRA, 44 U.S.C. 3506(c)(2). OSHA estimated that a 
requirement to notify employees of all exposure determination results 
would result in an increase of 62,575 burden hours and would increase 
employer cost, in annualized terms, by $1,526,731.
    The pre-clearance Federal Register comment period closed on August 
22, 2009. OSHA did not receive public comments on that notice. On 
October 30, 2009, DOL published a Federal Register notice announcing 
that the Cr(VI) ICR had been submitted to OMB (74 FR 56216) for review 
and approval, and that interested parties had until November 30, 2009 
to submit comments to OMB on that submission. No comments were received 
in response to that Notice either.
    Now that OSHA is proposing to amend the Cr(VI) standard via this 
NPRM, the Agency will provide an additional thirty days for the public 
to comment on the estimated paperwork implications of the proposed 
changes to the notification requirements.
    Inquiries: You may obtain an electronic copy of the complete Cr(VI) 
ICR by visiting the Web page at: http://www.reginfo.gov/public/do/
PRAMain, scroll under ``Inventory of Approved Collections, Collections 
Under Review, Recently Approved/Expired'' to ``Department of Labor 
(DOL)'' to view all of the DOL's ICRs, including those ICRs submitted 
for rulemakings. The Department's ICRs are listed by OMB control 
number. The Cr(VI) OMB control number is 1218-0252. To make inquiries, 
or to request other information, contact Todd Owen, Directorate of 
Standards and Guidance, OSHA, Room N-3609, U.S. Department of Labor, 
200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 
693-2222.
    Submitting comments: Members of the public who wish to comment on 
the estimated burden hours and costs attributable to the amendment to 
the notification provision, as described in the Cr(VI) ICR, may send 
their written comments to the Office of Information and Regulatory 
Affairs, Attn: OSHA Desk Officer (RIN 1218-AC43), Office of Management 
and Budget, Room 10235, 725 17th Street, NW., Washington, DC 20503. The 
Agency encourages commenters to also submit their comments on these 
paperwork requirements to the rulemaking docket (Docket No OSHA-H054a-
2006-0064). For instructions on submitting these comments to the 
rulemaking docket, see the sections of this Federal Register notice 
titled DATES and ADDRESSES.

List of Subjects

29 CFR Part 1910

    Exposure determination, General industry, Health, Hexavalent 
chromium (Cr(VI)), Notification of determination results to employees, 
Occupational safety and health.

29 CFR Part 1915

    Exposure determination, Health, Hexavalent chromium (Cr(VI)), 
Notification of determination results to employees, Occupational safety 
and health, shipyard employment.

29 CFR Part 1926

    Construction, Exposure determination, Health, Hexavalent chromium 
(Cr(VI)), Notification of determination results to employees, 
Occupational safety and health.

Authority and Signature

    David Michaels, PhD, MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, 200 
Constitution Avenue, NW., Washington, DC 20210, directed the 
preparation of this notice of proposed rulemaking. The Agency is 
issuing this rule under Sections 4, 6, and 8 of the Occupational Safety 
and Health Act of 1970 (29 U.S.C. 653, 655, 657), Secretary of Labor's 
Order 5-2007 (72 FR 31159), and 29 CFR part 1911.

    Signed at Washington, DC, on March 11, 2010.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.

Amendments to Standards

    For the reasons stated in the preamble, OSHA is proposing to amend 
29 CFR parts 1910, 1915, and 1926 to read as follows:

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS--[AMENDED]

Subpart A--General

    1. The authority citation for subpart A of part 1910 is revised to 
read as follows:

    Authority: Sections 4, 6, and 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, and 657); Secretary of 
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR

[[Page 12489]]

50017), 5-2002 (67 FR 65008), or 5-2007 (72 FR 31160), as 
applicable.
    Sections 1910.7, 1910.8, and 1910.9 also issued under 29 CFR 
Part 1911. Section 1910.7(f) also issued under 31 U.S.C. 9701, 29 
U.S.C. 9a, 5 U.S.C. 553; Pub. L. 106-113 (113 Stat. 1501A-222); and 
OMB Circular A-25 (dated July 8, 1993) (58 FR 38142, July 15, 1993).

Subpart Z--Toxic and Hazardous Substances

    2. The authority citation for subpart Z of part 1910 is revised to 
read as follows:

    Authority: Secs. 4, 6, 8 of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 653, 655, and 657); Secretary of Labor's 
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 
5-2002 (67 FR 65008), or 5-2007 (72 FR 31160), as applicable; and 29 
CFR part 1911.
    All of subpart Z issued under section 6(b) of the Occupational 
Safety and Health Act of 1970, except those substances that have 
exposure limits listed in Tables Z-1, Z-2, and Z-3 of 29 CFR 
1910.1000. The latter were issued under section 6(a) (29 U.S.C. 
655(a)).
    Section 1910.1000, Tables Z-1, Z-2, and Z-3 also issued under 5 
U.S.C. 553, but not under 29 CFR part 1911 except for the arsenic 
(organic compounds), benzene, cotton dust, and chromium (VI) 
listings.
    Section 1910.1001 also issued under section 107 of the Contract 
Work Hours and Safety Standards Act (40 U.S.C. 3704) and 5 U.S.C. 
553.
    Section 1910.1002 also issued under 5 U.S.C. 553, but not under 
29 U.S.C. 655 or 29 CFR part 1911.
    Sections 1910.1018, 1910.1029, and 1910.1200 also issued under 
29 U.S.C. 653.
    Section 1910.1030 also issued under Pub. L. 106-430, 114 Stat. 
1901.

    3. Section 1910.1026, paragraph (d)(4)(i), is revised to read as 
follows:


Sec.  1910.1026  Chromium (VI)

* * * * *
    (d) * * *
    (4) * * *
    (i) Within 15 work days after making an exposure determination in 
accordance with paragraph (d)(2) or paragraph (d)(3) of this section, 
the employer shall individually notify each affected employee in 
writing of the results of that determination or post the results in an 
appropriate location accessible to all affected employees.
* * * * *

PART 1915--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD 
EMPLOYMENT [AMENDED]

Subpart A--General Provisions

    4. The authority citation for part 1915 will continue to read as 
follows:

    Authority: Section 41, Longshore and Harbor Workers' 
Compensation Act (33 U.S.C. 941); Sections 4, 6, and 8 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 
657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), or 5-2007 (72 FR 31160) as 
applicable; 29 CFR Part 1911.

Subpart Z--Toxic and Hazardous Substances

    5. Section 1915.1026, paragraph (d)(4)(i), is revised to read as 
follows:


Sec.  1915.1026  Chromium (VI)

* * * * *
    (d) * * *
    (4) * * *
    (i) Within 5 work days after making an exposure determination in 
accordance with paragraph (d)(2) or paragraph (d)(3) of this section, 
the employer shall individually notify each affected employee in 
writing of the results of that determination or post the results in an 
appropriate location accessible to all affected employees.
* * * * *

PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION--
[AMENDED]

Subpart A--General

    6. The authority citation for subpart A of part 1926 is revised to 
read as follows:

    Authority: Section 3704 of the Contract Work Hours and Safety 
Standards Act (40 U.S.C. 3701 et seq.); sections 4, 6, and 8 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, and 
657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), or 5-2007 (72 FR 31160) as 
applicable; and 29 CFR part 1911.

Subpart Z--Toxic and Hazardous Substances

    7. The authority citation for subpart Z of part 1926 is revised to 
read as follows:

    Authority: Section 3704 of the Contract Work Hours and Safety 
Standards Act (40 U.S.C. 3701 et seq.); Sections 4, 6, and 8 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 
657); Secretary of Labor's Orders 12-71 (36 FR 8754), 8-76 (41 FR 
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (62 FR 50017), 5-2002 (67 FR 65008), or 5-2007 (72 FR 31160) as 
applicable; and 29 CFR part 11.
    Section 1926.1102 of 29 CFR not issued under 29 U.S.C. 655 or 29 
CFR part 1911; also issued under 5 U.S.C. 553.

    8. Section 1926.1126, paragraph (d)(4)(i), is revised to read as 
follows:


Sec.  1926.1126  Chromium (VI)

* * * * *
    (d) * * *
    (4) * * *
    (i) Within 5 work days after making an exposure determination in 
accordance with paragraph (d)(2) or paragraph (d)(3) of this section, 
the employer shall individually notify each affected employee in 
writing of the results of that determination or post the results in an 
appropriate location accessible to all affected employees.
* * * * *
[FR Doc. 2010-5731 Filed 3-15-10; 8:45 am]
BILLING CODE 4510-26-P