Chromium (VI) Standard 1910.1026

Regulations (Standards - 29 CFR)

Chromium (VI) - 1910.1026
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Part Number:
Part Title:
Subpart:
Subpart Title:
Standard Number:
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• Appendix:

1910
Occupational Safety and Health Standards
Z
Toxic and Hazardous Substances
1910.1026
Chromium (VI)
A

1910.1026(a)

Scope.

1910.1026(a)(1)

This standard applies to occupational exposures to chromium (VI) in all forms and
compounds in general industry, except:

1910.1026(a)(2)

Exposures that occur in the application of pesticides regulated by the Environmental
Protection Agency or another Federal government agency (e.g., the treatment of wood with
preservatives);

1910.1026(a)(3)

Exposures to portland cement; or

1910.1026(a)(4)

Where the employer has objective data demonstrating that a material containing chromium
or a specific process, operation, or activity involving chromium cannot release dusts, fumes,
or mists of chromium (VI) in concentrations at or above 0.5 µg/m3 as an 8-hour timeweighted average (TWA) under any expected conditions of use.
1910.1026(b)

Definitions. For the purposes of this section the following definitions apply:
Action level means a concentration of airborne chromium (VI) of 2.5 micrograms per cubic
meter of air (2.5 µg/m3) calculated as an 8-hour time-weighted average (TWA).
Assistant Secretary means the Assistant Secretary of Labor for Occupational Safety and
Health, U.S. Department of Labor, or designee.
Chromium (VI) [hexavalent chromium or Cr(VI)] means chromium with a valence of
positive six, in any form and in any compound.
Director means the Director of the National Institute for Occupational Safety and Health
(NIOSH), U.S. Department of Health and Human Services, or designee.
Emergency means any occurrence that results, or is likely to result, in an uncontrolled
release of chromium (VI). If an incidental release of chromium (VI) can be controlled at the
time of release by employees in the immediate release area, or by maintenance personnel, it

is not an emergency.
Employee exposure means the exposure to airborne chromium (VI) that would occur if the
employee were not using a respirator.
High-efficiency particulate air [HEPA] filter means a filter that is at least 99.97 percent
efficient in removing mono-dispersed particles of 0.3 micrometers in diameter or larger.
Historical monitoring data means data from chromium (VI) monitoring conducted prior to
May 30, 2006, obtained during work operations conducted under workplace conditions closely
resembling the processes, types of material, control methods, work practices, and
environmental conditions in the employer's current operations.
Objective data means information such as air monitoring data from industry-wide surveys
or calculations based on the composition or chemical and physical properties of a substance
demonstrating the employee exposure to chromium (VI) associated with a particular product
or material or a specific process, operation, or activity. The data must reflect workplace
conditions closely resembling the processes, types of material, control methods, work
practices, and environmental conditions in the employer's current operations.
Physician or other licensed health care professional [PLHCP] is an individual whose
legally permitted scope of practice (i.e., license, registration, or certification) allows him or
her to independently provide or be delegated the responsibility to provide some or all of the
particular health care services required by paragraph (k) of this section.
Regulated area means an area, demarcated by the employer, where an employee's
exposure to airborne concentrations of chromium (VI) exceeds, or can reasonably be
expected to exceed, the PEL.
This section means this § 1910.1026 chromium (VI) standard.
1910.1026(c)

Permissible exposure limit (PEL). The employer shall ensure that no employee is exposed
to an airborne concentration of chromium (VI) in excess of 5 micrograms per cubic meter of
air (5 µg/m3), calculated as an 8-hour time-weighted average (TWA).
1910.1026(d)

Exposure determination.

1910.1026(d)(1)

General. Each employer who has a workplace or work operation covered by this section shall
determine the 8-hour TWA exposure for each employee exposed to chromium (VI). This
determination shall be made in accordance with either paragraph (d)(2) or paragraph (d)(3)
of this section.
1910.1026(d)(2)

Scheduled monitoring option.

1910.1026(d)(2)(i)

The employer shall perform initial monitoring to determine the 8-hour TWA exposure for each
employee on the basis of a sufficient number of personal breathing zone air samples to
accurately characterize full shift exposure on each shift, for each job classification, in each
work area. Where an employer does representative sampling instead of sampling all
employees in order to meet this requirement, the employer shall sample the employee(s)
expected to have the highest chromium (VI) exposures.
1910.1026(d)(2)(ii)

If initial monitoring indicates that employee exposures are below the action level, the
employer may discontinue monitoring for those employees whose exposures are represented
by such monitoring.

1910.1026(d)(2)(iii)

If monitoring reveals employee exposures to be at or above the action level, the employer
shall perform periodic monitoring at least every six months.
1910.1026(d)(2)(iv)

If monitoring reveals employee exposures to be above the PEL, the employer shall perform
periodic monitoring at least every three months.
1910.1026(d)(2)(v)

If periodic monitoring indicates that employee exposures are below the action level, and the
result is confirmed by the result of another monitoring taken at least seven days later, the
employer may discontinue the monitoring for those employees whose exposures are
represented by such monitoring.

1910.1026(d)(2)(vi)

The employer shall perform additional monitoring when there has been any change in the
production process, raw materials, equipment, personnel, work practices, or control methods
that may result in new or additional exposures to chromium (VI), or when the employer has
any reason to believe that new or additional exposures have occurred.
1910.1026(d)(3)

Performance-oriented option. The employer shall determine the 8-hour TWA exposure for
each employee on the basis of any combination of air monitoring data, historical monitoring
data, or objective data sufficient to accurately characterize employee exposure to chromium
(VI).

1910.1026(d)(4)

Employee notification of determination results.

1910.1026(d)(4)(i)

Where the exposure determination indicates that employee exposure exceeds the PEL, within
15 working days the employer shall either post the results in an appropriate location that is
accessible to all affected employees or shall notify each affected employee individually in
writing of the results.
1910.1026(d)(4)(ii)

Whenever the exposure determination indicates that employee exposure is above the PEL,
the employer shall describe in the written notification the corrective action being taken to
reduce employee exposure to or below the PEL.

1910.1026(d)(5)

Accuracy of measurement. Where air monitoring is performed to comply with the
requirements of this section, the employer shall use a method of monitoring and analysis
that can measure chromium (VI) to within an accuracy of plus or minus 25 percent (+/25%) and can produce accurate measurements to within a statistical confidence level of 95
percent for airborne concentrations at or above the action level.

1910.1026(d)(6)

Observation of monitoring.

1910.1026(d)(6)(i)

Where air monitoring is performed to comply with the requirements of this section, the
employer shall provide affected employees or their designated representatives an opportunity
to observe any monitoring of employee exposure to chromium (VI).
1910.1026(d)(6)(ii)

When observation of monitoring requires entry into an area where the use of protective
clothing or equipment is required, the employer shall provide the observer with clothing and
equipment and shall assure that the observer uses such clothing and equipment and
complies with all other applicable safety and health procedures.

1910.1026(e)

Regulated areas.

1910.1026(e)(1)

Establishment. The employer shall establish a regulated area wherever an employee's
exposure to airborne concentrations of chromium (VI) is, or can reasonably be expected to
be, in excess of the PEL.

1910.1026(e)(2)

Demarcation. The employer shall ensure that regulated areas are demarcated from the rest
of the workplace in a manner that adequately establishes and alerts employees of the
boundaries of the regulated area.

1910.1026(e)(3)

Access. The employer shall limit access to regulated areas to:

1910.1026(e)(3)(i)

Persons authorized by the employer and required by work duties to be present in the
regulated area;

1910.1026(e)(3)(ii)

Any person entering such an area as a designated representative of employees for the
purpose of exercising the right to observe monitoring procedures under paragraph (d) of this
section; or

1910.1026(e)(3)(iii)

Any person authorized by the Occupational Safety and Health Act or regulations issued under
it to be in a regulated area.
1910.1026(f)

Methods of compliance.
1910.1026(f)(1)

Engineering and work practice controls.
1910.1026(f)(1)(i)

Except as permitted in paragraph (f)(1)(ii) and paragraph (f)(1)(iii) of this section, the
employer shall use engineering and work practice controls to reduce and maintain employee
exposure to chromium (VI) to or below the PEL unless the employer can demonstrate that
such controls are not feasible. Wherever feasible engineering and work practice controls are
not sufficient to reduce employee exposure to or below the PEL, the employer shall use them
to reduce employee exposure to the lowest levels achievable, and shall supplement them by
the use of respiratory protection that complies with the requirements of paragraph (g) of this
section.
1910.1026(f)(1)(ii)

Where painting of aircraft or large aircraft parts is performed in the aerospace industry, the
employer shall use engineering and work practice controls to reduce and maintain employee
exposure to chromium (VI) to or below 25 µg/m3 unless the employer can demonstrate that
such controls are not feasible. The employer shall supplement such engineering and work
practice controls with the use of respiratory protection that complies with the requirements of
paragraph (g) of this section to achieve the PEL.
1910.1026(f)(1)(iii)

Where the employer can demonstrate that a process or task does not result in any employee
exposure to chromium (VI) above the PEL for 30 or more days per year (12 consecutive
months), the requirement to implement engineering and work practice controls to achieve
the PEL does not apply to that process or task.
1910.1026(f)(2)

Prohibition of rotation. The employer shall not rotate employees to different jobs to
achieve compliance with the PEL.
1910.1026(g)

Respiratory protection.

1910.1026(g)(1)

General. Where respiratory protection is required by this section, the employer must provide
each employee an appropriate respirator that complies with the requirements of this
paragraph. Respiratory protection is required during:
1910.1026(g)(1)(i)

Periods necessary to install or implement feasible engineering and work practice controls;
1910.1026(g)(1)(ii)

Work operations, such as maintenance and repair activities, for which engineering and work
practice controls are not feasible;

1910.1026(g)(1)(iii)

Work operations for which an employer has implemented all feasible engineering and work
practice controls and such controls are not sufficient to reduce exposures to or below the
PEL;
1910.1026(g)(1)(iv)

Work operations where employees are exposed above the PEL for fewer than 30 days per
year, and the employer has elected not to implement engineering and work practice controls
to achieve the PEL; or
1910.1026(g)(1)(v)

Emergencies.

1910.1026(g)(2)

Respiratory protection program. Where respirator use is required by this section, the
employer shall institute a respiratory protection program in accordance with § 1910.134,
which covers each employee required to use a respirator.

1910.1026(h)

Protective work clothing and equipment.
1910.1026(h)(1)

Provision and use. Where a hazard is present or is likely to be present from skin or eye
contact with chromium (VI), the employer shall provide appropriate personal protective
clothing and equipment at no cost to employees, and shall ensure that employees use such
clothing and equipment.
1910.1026(h)(2)

Removal and storage.
1910.1026(h)(2)(i)

The employer shall ensure that employees remove all protective clothing and equipment
contaminated with chromium (VI) at the end of the work shift or at the completion of their
tasks involving chromium (VI) exposure, whichever comes first.

1910.1026(h)(2)(ii)

The employer shall ensure that no employee removes chromium (VI)-contaminated
protective clothing or equipment from the workplace, except for those employees whose job
it is to launder, clean, maintain, or dispose of such clothing or equipment.

1910.1026(h)(2)(iii)

When contaminated protective clothing or equipment is removed for laundering, cleaning,
maintenance, or disposal, the employer shall ensure that it is stored and transported in
sealed, impermeable bags or other closed, impermeable containers.

1910.1026(h)(2)(iv)

Bags or containers of contaminated protective clothing or equipment that are removed from
change rooms for laundering, cleaning,maintenance, or disposal shall be labeled in
accordance with the requirements of the Hazard Communication Standard, 29 CFR
1910.1200.

1910.1026(h)(3)

Cleaning and replacement.
1910.1026(h)(3)(i)

The employer shall clean, launder, repair and replace all protective clothing and equipment
required by this section as needed to maintain its effectiveness.

1910.1026(h)(3)(ii)

The employer shall prohibit the removal of chromium (VI) from protective clothing and
equipment by blowing, shaking, or any other means that disperses chromium (VI) into the
air or onto an employee's body.

1910.1026(h)(3)(iii)

The employer shall inform any person who launders or cleans protective clothing or
equipment contaminated with chromium (VI) of the potentially harmful effects of exposure to
chromium (VI) and that the clothing and equipment should be laundered or cleaned in a
manner that minimizes skin or eye contact with chromium (VI) and effectively prevents the
release of airborne chromium (VI) in excess of the PEL.
1910.1026(i)

Hygiene areas and practices.

1910.1026(i)(1)

General. Where protective clothing and equipment is required, the employer shall provide
change rooms in conformance with 29 CFR 1910.141. Where skin contact with chromium (VI)
occurs, the employer shall provide washing facilities in conformance with 29 CFR 1910.141.
Eating and drinking areas provided by the employer shall also be in conformance with §
1910.141.
1910.1026(i)(2)

Change rooms. The employer shall assure that change rooms are equipped with separate
storage facilities for protective clothing and equipment and for street clothes, and that these
facilities prevent cross-contamination.

1910.1026(i)(3)

Washing facilities.

1910.1026(i)(3)(i)

The employer shall provide readily accessible washing facilities capable of removing
chromium (VI) from the skin, and shall ensure that affected employees use these facilities
when necessary.
1910.1026(i)(3)(ii)

The employer shall ensure that employees who have skin contact with chromium (VI) wash
their hands and faces at the end of the work shift and prior to eating, drinking, smoking,
chewing tobacco or gum, applying cosmetics, or using the toilet.
1910.1026(i)(4)

Eating and drinking areas.

1910.1026(i)(4)(i)

Whenever the employer allows employees to consume food or beverages at a worksite where
chromium (VI) is present, the employer shall ensure that eating and drinking areas and
surfaces are maintained as free as practicable of chromium (VI).
1910.1026(i)(4)(ii)

The employer shall ensure that employees do not enter eating and drinking areas with
protective work clothing or equipment unless surface chromium (VI) has been removed from
the clothing and equipment by methods that do not disperse chromium (VI) into the air or
onto an employee's body.
1910.1026(i)(5)

Prohibited activities. The employer shall ensure that employees do not eat, drink, smoke,
chew tobacco or gum, or apply cosmetics in regulated areas, or in areas where skin or eye
contact with chromium (VI) occurs; or carry the products associated with these activities, or
store such products in these areas.
1910.1026(j)

Housekeeping.

1910.1026(j)(1)

General. The employer shall ensure that:

1910.1026(j)(1)(i)

All surfaces are maintained as free as practicable of accumulations of chromium (VI).
1910.1026(j)(1)(ii)

All spills and releases of chromium (VI) containing material are cleaned up promptly.
1910.1026(j)(2)

Cleaning methods.

1910.1026(j)(2)(i)

The employer shall ensure that surfaces contaminated with chromium (VI) are cleaned by
HEPA-filter vacuuming or other methods that minimize the likelihood of exposure to
chromium (VI).
1910.1026(j)(2)(ii)

Dry shoveling, dry sweeping, and dry brushing may be used only where HEPA-filtered
vacuuming or other methods that minimize the likelihood of exposure to chromium (VI) have
been tried and found not to be effective.
1910.1026(j)(2)(iii)

The employer shall not allow compressed air to be used to remove chromium (VI) from any
surface unless:
1910.1026(j)(2)(iii)(A)

The compressed air is used in conjunction with a ventilation system designed to capture the
dust cloud created by the compressed air; or

1910.1026(j)(2)(iii)(B)

No alternative method is feasible.
1910.1026(j)(2)(iv)

The employer shall ensure that cleaning equipment is handled in a manner that minimizes
the reentry of chromium (VI) into the workplace.
1910.1026(j)(3)

Disposal. The employer shall ensure that:

1910.1026(j)(3)(i)

Waste, scrap, debris, and any other materials contaminated with chromium (VI) and
consigned for disposal are collected and disposed of in sealed, impermeable bags or other
closed, impermeable containers.
1910.1026(j)(3)(ii)

Bags or containers of waste, scrap, debris, and any other materials contaminated with
chromium (VI) that are consigned for disposal are labeled in accordance with the
requirements of the Hazard Communication Standard, 29 CFR 1910.1200.
1910.1026(k)

Medical surveillance.

1910.1026(k)(1)

General.

1910.1026(k)(1)(i)

The employer shall make medical surveillance available at no cost to the employee, and at a
reasonable time and place, for all employees:
1910.1026(k)(1)(i)(A)

Who are or may be occupationally exposed to chromium (VI) at or above the action level for
30 or more days a year;

1910.1026(k)(1)(i)(B)

Experiencing signs or symptoms of the adverse health effects associated with chromium (VI)
exposure; or
1910.1026(k)(1)(i)(C)

Exposed in an emergency.

1910.1026(k)(1)(ii)

The employer shall assure that all medical examinations and procedures required by this
section are performed by or under the supervision of a PLHCP.
1910.1026(k)(2)

Frequency. The employer shall provide a medical examination:

1910.1026(k)(2)(i)

Within 30 days after initial assignment, unless the employee has received a chromium (VI)
related medical examination that meets the requirements of this paragraph within the last
twelve months;
1910.1026(k)(2)(ii)

Annually;

1910.1026(k)(2)(iii)

Within 30 days after a PLHCP's written medical opinion recommends an additional
examination;
1910.1026(k)(2)(iv)

Whenever an employee shows signs or symptoms of the adverse health effects associated
with chromium (VI) exposure;
1910.1026(k)(2)(v)

Within 30 days after exposure during an emergency which results in an uncontrolled release
of chromium (VI); or

1910.1026(k)(2)(vi)

At the termination of employment, unless the last examination that satisfied the
requirements of paragraph (k) of this section was less than six months prior to the date of
termination.
1910.1026(k)(3)

Contents of examination. A medical examination consists of:

1910.1026(k)(3)(i)

A medical and work history, with emphasis on: Past, present, and anticipated future
exposure to chromium (VI); any history of respiratory system dysfunction; any history of
asthma, dermatitis, skin ulceration, or nasal septum perforation; and smoking status and
history;
1910.1026(k)(3)(ii)

A physical examination of the skin and respiratory tract; and
1910.1026(k)(3)(iii)

Any additional tests deemed appropriate by the examining PLHCP.
1910.1026(k)(4)

Information provided to the PLHCP. The employer shall ensure that the examining PLHCP
has a copy of this standard, and shall provide the following information:
1910.1026(k)(4)(i)

A description of the affected employee's former, current, and anticipated duties as they
relate to the employee's occupational exposure to chromium (VI);
1910.1026(k)(4)(ii)

The employee's former, current, and anticipated levels of occupational exposure to chromium
(VI);
1910.1026(k)(4)(iii)

A description of any personal protective equipment used or to be used by the employee,
including when and for how long the employee has used that equipment; and
1910.1026(k)(4)(iv)

Information from records of employment-related medical examinations previously provided

to the affected employee, currently within the control of the employer.
1910.1026(k)(5)

PLHCP's written medical opinion.

1910.1026(k)(5)(i)

The employer shall obtain a written medical opinion from the PLHCP, within 30 days for each
medical examination performed on each employee, which contains:
1910.1026(k)(5)(i)(A)

The PLHCP's opinion as to whether the employee has any detected medical condition(s) that
would place the employee at increased risk of material impairment to health from further
exposure to chromium (VI);

1910.1026(k)(5)(i)(B)

Any recommended limitations upon the employee's exposure to chromium (VI) or upon the
use of personal protective equipment such as respirators;
1910.1026(k)(5)(i)(C)

A statement that the PLHCP has explained to the employee the results of the medical
examination, including any medical conditions related to chromium (VI) exposure that
require further evaluation or treatment, and any special provisions for use of protective
clothing or equipment.

1910.1026(k)(5)(ii)

The PLHCP shall not reveal to the employer specific findings or diagnoses unrelated to
occupational exposure to chromium (VI).
1910.1026(k)(5)(iii)

The employer shall provide a copy of the PLHCP's written medical opinion to the examined
employee within two weeks after receiving it.
1910.1026(l)

Communication of chromium (VI) hazards to employees.

1910.1026(l)(1)

General. In addition to the requirements of the Hazard Communication Standard, 29 CFR
1910.1200, employers shall comply with the following requirements.

1910.1026(l)(2)

Employee information and training.

1910.1026(l)(2)(i)

The employer shall ensure that each employee can demonstrate knowledge of at least the
following:
1910.1026(l)(2)(i)(A)

The contents of this section; and

1910.1026(l)(2)(i)(B)

The purpose and a description of the medical surveillance program required by paragraph (k)
of this section.
1910.1026(l)(2)(ii)

The employer shall make a copy of this section readily available without cost to all affected
employees.
1910.1026(m)

Recordkeeping.
1910.1026(m)(1)

Air monitoring data.

1910.1026(m)(1)(i)

The employer shall maintain an accurate record of all air monitoring conducted to comply
with the requirements of this section.

1910.1026(m)(1)(ii)

This record shall include at least the following information:
1910.1026(m)(1)(ii)(A)

The date of measurement for each sample taken;
1910.1026(m)(1)(ii)(B)

The operation involving exposure to chromium (VI) that is being monitored;

1910.1026(m)(1)(ii)(C)

Sampling and analytical methods used and evidence of their accuracy;

1910.1026(m)(1)(ii)(D)

Number, duration, and the results of samples taken;
1910.1026(m)(1)(ii)(E)

Type of personal protective equipment, such as respirators worn; and
1910.1026(m)(1)(ii)(F)

Name, social security number, and job classification of all employees represented by the
monitoring, indicating which employees were actually monitored.
1910.1026(m)(1)(iii)

The employer shall ensure that exposure records are maintained and made available in
accordance with 29 CFR 1910.1020.

1910.1026(m)(2)

Historical monitoring data.

1910.1026(m)(2)(i)

Where the employer has relied on historical monitoring data to determine exposure to
chromium (VI), the employer shall establish and maintain an accurate record of the historical
monitoring data relied upon.

1910.1026(m)(2)(ii)

The record shall include information that reflects the following conditions:
1910.1026(m)(2)(ii)(A)

The data were collected using methods that meet the accuracy requirements of paragraph
(d)(5) of this section;
1910.1026(m)(2)(ii)(B)

The processes and work practices that were in use when the historical monitoring data were
obtained are essentially the same as those to be used during the job for which exposure is
being determined;

1910.1026(m)(2)(ii)(C)

The characteristics of the chromium (VI) containing material being handled when the
historical monitoring data were obtained are the same as those on the job for which exposure
is being determined;
1910.1026(m)(2)(ii)(D)

Environmental conditions prevailing when the historical monitoring data were obtained are
the same as those on the job for which exposure is being determined; and
1910.1026(m)(2)(ii)(E)

Other data relevant to the operations, materials, processing, or employee exposures covered
by the exception.
1910.1026(m)(2)(iii)

The employer shall ensure that historical exposure records are maintained and made
available in accordance with 29 CFR 1910.1020.

1910.1026(m)(3)

Objective data.

1910.1026(m)(3)(i)

The employer shall maintain an accurate record of all objective data relied upon to comply
with the requirements of this section.

1910.1026(m)(3)(ii)

This record shall include at least the following information:
1910.1026(m)(3)(ii)(A)

The chromium containing material in question;
1910.1026(m)(3)(ii)(B)

The source of the objective data;

1910.1026(m)(3)(ii)(C)

The testing protocol and results of testing, or analysis of the material for the release of
chromium (VI);

1910.1026(m)(3)(ii)(D)

A description of the process, operation, or activity and how the data support the
determination; and
1910.1026(m)(3)(ii)(E)

Other data relevant to the process, operation, activity, material, or employee exposures.
1910.1026(m)(3)(iii)

The employer shall ensure that objective data are maintained and made available in
accordance with 29 CFR 1910.1020.

1910.1026(m)(4)

Medical surveillance.

1910.1026(m)(4)(i)

The employer shall establish and maintain an accurate record for each employee covered by
medical surveillance under paragraph (k) of this section.

1910.1026(m)(4)(ii)

The record shall include the following information about the employee:
1910.1026(m)(4)(ii)(A)

Name and social security number;
1910.1026(m)(4)(ii)(B)

A copy of the PLHCP's written opinions;

1910.1026(m)(4)(ii)(C)

A copy of the information provided to the PLHCP as required by paragraph (k)(4) of this
section.
1910.1026(m)(4)(iii)

The employer shall ensure that medical records are maintained and made available in
accordance with 29 CFR 1910.1020.

1910.1026(n)

Dates.

1910.1026(n)(1)

For employers with 20 or more employees, all obligations of this section, except engineering
controls required by paragraph (f) of this section, commence November 27, 2006.
1910.1026(n)(2)

For employers with 19 or fewer employees, all obligations of this section, except engineering
controls required by paragraph (f) of this section, commence May 30, 2007.
1910.1026(n)(3)

Except as provided in (n)(4), for all employers, engineering controls required by paragraph
(f) of this section shall be implemented no later than May 31, 2010.
1910.1026(n)(4)

In facilities that become parties to the settlement agreement included in Appendix A,
engineering controls required by paragraph (f) of this section shall be implemented no later
than December 31, 2008.
[71 FR 10374, Feb. 28, 2006; 71 FR 63242, Oct. 30, 2006; 73 FR 75585, Dec. 12, 2008]