29 Cfr 1910.1026

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Title 29: Labor
PART 1910—OCCUPATIONAL SAFETY AND HEALTH STANDARDS (CONTINUED)
Subpart Z—Toxic and Hazardous Substances

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§1910.1026 Chromium (VI).

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(a) Scope. (1) This standard applies to occupational exposures to chromium (VI) in all forms and compounds in
general industry, except:
(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);
(3) Exposures to portland cement; or
(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 µgm/m3 as an 8-hour time-weighted average (TWA) under any expected conditions of
use.
(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
µgm/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 monodispersed particles of 0.3 micrometers in diameter or larger.

[H2]

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.

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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.
(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 µgm/m3 ), calculated as an 8-hour
time-weighted average (TWA).
(d) Exposure determination—(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.
(2) Scheduled monitoring option. (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.
(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.
(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.
(iv) If monitoring reveals employee exposures to be above the PEL, the employer shall perform periodic monitoring
at least every three months.
(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.
(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.
(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).
(4) Employee notification of determination results. (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.
(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.
(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.
(6) Observation of monitoring. (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).
(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.
(e) Regulated areas—(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.
(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.
(3) Access. The employer shall limit access to regulated areas to:
(i) Persons authorized by the employer and required by work duties to be present in the regulated area;
(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
(iii) Any person authorized by the Occupational Safety and Health Act or regulations issued under it to be in a
regulated area.

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(f) Methods of compliance—(1) Engineering and work practice controls. (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.
(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
µgm/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.
(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.
(2) Prohibition of rotation. The employer shall not rotate employees to different jobs to achieve compliance with the
PEL.
(g) Respiratory protection—(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:
(i) Periods necessary to install or implement feasible engineering and work practice controls;
(ii) Work operations, such as maintenance and repair activities, for which engineering and work practice controls
are not feasible;
(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;
(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
(v) Emergencies.
(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.
(h) Protective work clothing and equipment—(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.
(2) Removal and storage. (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.
(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.
(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.
(iv) The employer shall ensure that bags or containers of contaminated protective clothing or equipment that are
removed from change rooms for laundering, cleaning, maintenance, or disposal are labeled in accordance with the
requirements of the Hazard Communication Standard, §1910.1200.
(3) Cleaning and replacement. (i) The employer shall clean, launder, repair and replace all protective clothing and
equipment required by this section as needed to maintain its effectiveness.
(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.
(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.
(i) Hygiene areas and practices—(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.
(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.

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(3) Washing facilities. (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.
(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.
(4) Eating and drinking areas. (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).
(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.
(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.
(j) Housekeeping—(1) General. The employer shall ensure that:
(i) All surfaces are maintained as free as practicable of accumulations of chromium (VI).
(ii) All spills and releases of chromium (VI) containing material are cleaned up promptly.
(2) Cleaning methods. (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).
(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.
(iii) The employer shall not allow compressed air to be used to remove chromium (VI) from any surface unless:
(A) The compressed air is used in conjunction with a ventilation system designed to capture the dust cloud created
by the compressed air; or
(B) No alternative method is feasible.
(iv) The employer shall ensure that cleaning equipment is handled in a manner that minimizes the reentry of
chromium (VI) into the workplace.
(3) Disposal. The employer shall ensure that:
(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.
(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.
(k) Medical surveillance—(1) General. (i) The employer shall make medical surveillance available at no cost to the
employee, and at a reasonable time and place, for all employees:
(A) Who are or may be occupationally exposed to chromium (VI) at or above the action level for 30 or more days a
year;
(B) Experiencing signs or symptoms of the adverse health effects associated with chromium (VI) exposure; or
(C) Exposed in an emergency.
(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.
(2) Frequency. The employer shall provide a medical examination:
(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;
(ii) Annually;
(iii) Within 30 days after a PLHCP's written medical opinion recommends an additional examination;
(iv) Whenever an employee shows signs or symptoms of the adverse health effects associated with chromium (VI)
exposure;
(v) Within 30 days after exposure during an emergency which results in an uncontrolled release of chromium (VI);
or
(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.
(3) Contents of examination. A medical examination consists of:

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(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;
(ii) A physical examination of the skin and respiratory tract; and
(iii) Any additional tests deemed appropriate by the examining PLHCP.
(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:
(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);
(ii) The employee's former, current, and anticipated levels of occupational exposure to chromium (VI);
(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
(iv) Information from records of employment-related medical examinations previously provided to the affected
employee, currently within the control of the employer.
(5) PLHCP's written medical opinion. (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:
(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);
(B) Any recommended limitations upon the employee's exposure to chromium (VI) or upon the use of personal
protective equipment such as respirators;
(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.
(ii) The PLHCP shall not reveal to the employer specific findings or diagnoses unrelated to occupational exposure
to chromium (VI).
(iii) The employer shall provide a copy of the PLHCP's written medical opinion to the examined employee within
two weeks after receiving it.
(l) Communication of chromium (VI) hazards to employees—(1) Hazard communication—general—(i) Chemical
manufacturers, importers, distributors and employers shall comply with all requirements of the Hazard Communication
Standard (HCS) (§1910.1200) for chromium (VI).
(ii) In classifying the hazards of chromium (VI) at least the following hazards are to be addressed: Cancer, eye
irritation, and skin sensitization.
(iii) Employers shall include chromium (VI) in the hazard communication program established to comply with the
HCS (§1910.1200). Employers shall ensure that each employee has access to labels on containers of chromium (VI)
and to safety data sheets, and is trained in accordance with the requirements of HCS and paragraph (l)(2) of this
section.
(2) Employee information and training. (i) The employer shall ensure that each employee can demonstrate
knowledge of at least the following:
(A) The contents of this section; and
(B) The purpose and a description of the medical surveillance program required by paragraph (k) of this section.
(ii) The employer shall make a copy of this section readily available without cost to all affected employees.
(m) Recordkeeping—(1) Air monitoring data. (i) The employer shall maintain an accurate record of all air monitoring
conducted to comply with the requirements of this section.
(ii) This record shall include at least the following information:
(A) The date of measurement for each sample taken;
(B) The operation involving exposure to chromium (VI) that is being monitored;
(C) Sampling and analytical methods used and evidence of their accuracy;
(D) Number, duration, and the results of samples taken;
(E) Type of personal protective equipment, such as respirators worn; and
(F) Name, social security number, and job classification of all employees represented by the monitoring, indicating
which employees were actually monitored.
(iii) The employer shall ensure that exposure records are maintained and made available in accordance with 29

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CFR 1910.1020.
(2) Historical monitoring data. (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.
(ii) The record shall include information that reflects the following conditions:
(A) The data were collected using methods that meet the accuracy requirements of paragraph (d)(5) of this section;
(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;
(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;
(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
(E) Other data relevant to the operations, materials, processing, or employee exposures covered by the exception.
(iii) The employer shall ensure that historical exposure records are maintained and made available in accordance
with 29 CFR 1910.1020.
(3) Objective data. (i) The employer shall maintain an accurate record of all objective data relied upon to comply
with the requirements of this section.
(ii) This record shall include at least the following information:
(A) The chromium containing material in question;
(B) The source of the objective data;
(C) The testing protocol and results of testing, or analysis of the material for the release of chromium (VI);
(D) A description of the process, operation, or activity and how the data support the determination; and
(E) Other data relevant to the process, operation, activity, material, or employee exposures.
(iii) The employer shall ensure that objective data are maintained and made available in accordance with 29 CFR
1910.1020.
(4) Medical surveillance. (i) The employer shall establish and maintain an accurate record for each employee
covered by medical surveillance under paragraph (k) of this section.
(ii) The record shall include the following information about the employee:
(A) Name and social security number;
(B) A copy of the PLHCP's written opinions;
(C) A copy of the information provided to the PLHCP as required by paragraph (k)(4) of this section.
(iii) The employer shall ensure that medical records are maintained and made available in accordance with 29 CFR
1910.1020.
(n) Dates. (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.
(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.
(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.
(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.

IN

THE

APPENDIX A

TO

§1910.1026

UNITED STATES COURT

OF

APPEALS

FOR THE

THIRD CIRCUIT

Surface Finishing Industry Council et al., Petitioners, v. U.S. Occupational Safety and Health Administration,
Respondent.
[Docket No. 06-2272 and consolidated cases]
Public Citizen Health Research Group et al., Petitioners, v. Occupational Safety and Health Administration, United
States Department of Labor, Respondent.
[Docket No. 06-1818]

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SETTLEMENT AGREEMENT
The parties to this Settlement Agreement (“Agreement”) are the Occupational Safety and Health Administration, United States
Department of Labor (“OSHA”), the Surface Finishing Industry Council or its successors (“SFIC”), surface-finishing and metalfinishing facilities which have opted into this Agreement pursuant to paragraph 7 (“Company” or “Companies”), Public Citizen Health
Research Group (“HRG”), and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service
Workers International Union (“Steelworkers”).
Whereas, On February 28, 2006, OSHA promulgated a revised hexavalent chromium standard for general industry (“the
Standard”) that includes a permissible exposure limit (“PEL”) for hexavalent chromium of 5 micrograms per cubic meter (“μg/m3 ”)
measured as an 8-hour time-weighted average (“TWA”), and a deadline of May 31, 2010, for employers to come into compliance
with this PEL through the implementation of engineering controls. The deadline for compliance with the remaining provisions of the
Standard, including those requiring the use of respiratory protection to comply with the PEL, is November 27, 2006, for employers
with twenty (20) or more employees, and May 30, 2007, for employers with nineteen (19) or fewer employees. 29 CFR 1910.1026,
71 FR 10100 (Feb. 28, 2006);
Whereas, SFIC filed a Petition for Review of the Standard in the Eleventh Circuit that was consolidated with other Petitions in
the Third Circuit (Case No. 06-2272);
Whereas, SFIC filed a Motion for Leave to Intervene in the matter of HRG's Petition for Review in the Third Circuit (Case No.
06-1818), which has been granted;
Now, therefore, the parties to this Agreement do hereby agree to the following terms:
1. Term of this Agreement. This Agreement will be effective upon execution and will expire on May 31, 2010.
2. Accelerated implementation of engineering controls. The Companies agree that in accordance with 29 CFR 1910.1026(f)(1)
they will implement those feasible engineering controls necessary to reduce hexavalent chromium levels at their facilities by
December 31, 2008, to or below the 5 μg/m3 PEL. In fulfilling this obligation, the Companies may select from the engineering and
work practice controls listed in Exhibit A to this Agreement or adopt any other controls.
3. Compliance plan and monitoring. In accordance with 29 CFR 1910.1026(d)(4)(ii), each Company will prepare, and update as
required, a written plan setting forth the specific control steps being taken to reduce employee exposure to or below the PEL by
December 31, 2008. In addition, Companies will make an initial exposure determination as required by 29 CFR 1910.1026(d)(1)
using either the procedures for personal breathing zone air samples described in 29 CFR 1910.1026(d)(2) or the performanceoriented option described at 29 CFR 1910.1026(d)(3). Thereafter, Companies will conduct periodic monitoring in accordance with
the “Scheduled Monitoring Option” provisions at 29 CFR 1910.1026(d)(2) and related provisions at 29 CFR 1910.1026(d)(4)-(6).
The Companies agree that upon request compliance plans prepared in accordance with this paragraph, as well as all monitoring
results obtained in compliance with this paragraph, will be provided to OSHA, affected employees and employee representatives.
4. Respirator use. The respiratory protection provisions at 29 CFR 1910.1026(f) and (g) will apply to the Companies in
accordance with the terms and dates set forth in the Standard, except that prior to December 31, 2008, for Companies that are in
compliance with this Agreement, OSHA will enforce those respiratory protection provisions only with respect to employees who fall
into one of the following six (6) categories: (1) Employees who are exposed to hexavalent chromium in excess of the PEL while
performing tasks described in Exhibit B to this Agreement; (2) through November 30, 2007, employees whose exposures to
hexavalent chromium exceed a “respirator threshold” of 20 μg/m3 (measured as an 8-hour TWA); (3) beginning December 1, 2007,
employees whose exposures to hexavalent chromium exceed a “respirator threshold” of 12.5 μg/m3 (measured as an 8-hour TWA);
(4) employees who are exposed to hexavalent chromium and request a respirator; (5) any other employees who are required by
the Companies to wear a respirator; and (6) employees with exposures for which respirators were required under the previous
hexavalent chromium standard (1910.1000) and any other employees covered by respirator programs in effect on May 30, 2006.
5. Employee information and training. Company employees will be trained pursuant to the provisions of 29 CFR
1910.1026(l)(2). In addition, the Companies agree to train employees in the provisions of this Agreement within sixty (60) days of
the Opt-In Date (defined in paragraph 7 of this Agreement). The training regarding this Agreement shall be provided in language the
employees can understand.
6. Enforcement. Within thirty (30) days of the execution of this Agreement, OSHA will publish a notice in the FEDERAL REGISTER
amending 29 CFR 1910.1026 as follows: (1) A copy of this Agreement will be attached to the Standard as appendix A; (2) a new
paragraph, 1910.1026(n)(4), will be added to the Standard, and will read: “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”; and (3) existing paragraph 1910.1026(n)(3) will be amended to read: “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.”
7. Opt-In Date for Companies to become parties to this Agreement. The FEDERAL REGISTER notice described in paragraph 6 of
this Agreement will provide notice of the provisions of this Agreement, and of the revisions to the Standard described in paragraph
6, and will provide until November 30, 2006, for eligible facilities to become parties to this Agreement, and be subject to all of the
duties, obligations, and rights herein. The last date for signing by facilities shall be referred to as the Opt-In Date. The opt in option
will be available on a facility by facility basis and only to SFIC members and other surface-finishing and metal-finishing job shop
facilities within the jurisdiction of Federal OSHA. (For purposes of this Agreement, a “job shop” is defined as a facility that sells
plating or anodizing services to other companies.) Moreover, the terms of this Agreement apply only with respect to the
performance of surface-finishing and metal-finishing operations in those facilities. Although this Agreement applies only to facilities
within the jurisdiction of Federal OSHA, OSHA will encourage States with OSHA-approved State occupational safety and health
plans to either honor and implement the terms of this Agreement, including the amendments to the standard described in paragraph
6, or to take an alternative position, which may include entering into separate arrangements with surface- and metal-finishing job
shop facilities (or their representatives) in their jurisdiction.
8. Effect on third parties. Nothing in this Agreement constitutes an admission by SFIC or the Companies that a significant risk
of material health impairment exists for hexavalent chromium justifying a reduction of the PEL to 5 μg/m3 . Nor does anything in this
Agreement constitute any other admission by SFIC or the Companies for purposes of this litigation or future litigation or standards-

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setting. This Agreement is not intended to give any rights to any third party except as expressly provided herein.
9. OSHA inspections. OSHA may do monitoring inspections to assess compliance with and progress under this Agreement and
the Standard, and nothing in this Agreement limits OSHA's right to conduct inspections at Companies” facilities in accordance with
the Occupational Safety and Health Act.
10. Scope of Agreement. The terms of this Agreement apply only in the circumstances and to the Companies specified herein.
In entering into this Agreement, OSHA is not making any representations regarding its enforcement policy with respect to either (1)
The hexavalent chromium standard as applied to employers who are not parties to this Agreement or (2) any other occupational
safety or health standards.
11. Effect of invalidation of the Standard. If the Standard is invalidated, nothing in this Agreement shall prevent the application
to SFIC or the Companies of any PEL that is promulgated by OSHA on remand. This Agreement would not foreclose SFIC or the
Companies from participating in rulemaking proceedings or otherwise challenging any new PEL promulgated by OSHA on remand.
12. Withdrawal of Petitions and Interventions. SFIC agrees to move to withdraw its Petition for Review in the above-captioned
case, Case No. 06-2272, within five (5) working days of the execution of this Agreement. SFIC further will move to dismiss its
motion to intervene in Case No. 06-1818 and all other challenges simultaneously with its motion to withdraw in Case No. 06-2272
as Petitioner.
13. Attorneys' fees. Each party agrees to bear its own attorneys' fees, costs, and other expenses that have been incurred in
connection with SFIC's Petition for Review, SFIC's intervention in HRG's Petition for Review, and the negotiation of this Agreement
up to and including filing of the motions to dismiss.
14. Support of Agreement. In the event that all or any portion of this Agreement is challenged in any forum, the signatories
below agree to move to intervene in support of this Agreement.
Agreed to this 25th day of October, 2006.
Baruch A. Fellner,
Counsel for SFIC, Gibson, Dunn & Crutcher LLP, 1050 Connecticut Avenue, NW., Washington, DC 20036, (202) 955-8500.
Lauren S. Goodman,
Counsel for OSHA, United States Department of Labor, Office of the Solicitor, 200 Constitution Avenue, NW., Washington, DC
20210, (202) 693-5445.
Scott L. Nelson,
Counsel for HRG and the Steelworkers, Public Citizen Litigation Group, 1600 20th Street, NW., Washington, DC 20009, (202) 5887724.

EXHIBIT A
AVAILABLE ENGINEERING

AND

WORK PRACTICE CONTROLS

The Companies agree that work towards the implementation of these available engineering and work practice controls should
not be delayed to accommodate their completion by December 31, 2008. The Companies are encouraged to implement from
among these controls as soon as practicable.

1. Parts Transfer Practices
• Minimize droplet formation. Instruments akin to garden hoses are used to rinse off parts coming out of chemical baths. This
causes many small droplets to form, which are easily atomized or vaporized and contribute to airborne chromium concentration.
The industry is currently developing ways to minimize the formation of small droplets, dripping, or splashing, possibly by reducing
hose pressure.
• Minimize air current flow. Strong air currents across these droplets may contribute to their vaporization, and therefore
minimizing air current flow across the droplets may reduce airborne hexavalent chromium levels.
• Slow part speeds as feasible. The speed at which parts are pulled out of a chemical tank causes splashing, which adds to
chromium vaporization. By slowing the speed at which parts are taken out of tanks, splashing and vaporization can be minimized.
The feasibility of this control must be evaluated in light of the negative effect on productivity.

2. Plating Bath Surface Tension Management and Fume Suppression
• Lower surface tension. Lower surface tension in chemical baths leads to fewer drops forming. Chromium baths currently
have a surface tension of 35 dynes per centimeter. As a comparison, water has a surface tension of 72 dynes per centimeter.
Lowering surface tension further would lead to reduced airborne hexavalent chromium levels.
• Fume suppressants. Fume suppressants create a physical barrier between the chemical bath and the air, which prevents
vaporization. Some suppressants, however, may cause pitting or other metal damage, and therefore their use is not always
possible.

3. Facility Air Disturbance Monitoring
• Improvement of local exhaust ventilation (LEV) capture efficiency. The majority of electroplating facilities are not airconditioned. As a result, doors are kept open to let in cool air, but this causes air currents that prevent the LEVs from performing
efficiently. The use of fans has a similar effect. Industry is researching how to minimize these air currents so that LEVs can perform
as designed. Such methods may include the use of partitions to degrade air current flow, or checklists that may include location
and positioning of cross drafts, fans, doors, windows, partitions and process equipment that Companies can use to audit their

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workplaces in order to improve their capture efficiency.

4. Technology Enhancements In Lieu of LEV Retrofitting
• Eductors. Many chemical baths are currently mixed via air agitation: Air pipes bubble air into the tank to keep the chemicals
mixed and to prevent them from settling. An adverse effect of this agitation is that air bubbles escape at the surface of the tank,
resulting in some chromium vaporization. By using eductors (horn-shaped nozzles) in tanks, the chemicals flow from a pump to
create solution movement below the surface without the use of air bubbles, and the amount of chromium vaporization can be
significantly reduced.

5. Different Means of Chromium Additions
• Liquid Chromium. Dry hexavalent chromium flakes are occasionally added to tanks, which can generate airborne particulates
of hexavalent chromium. Adding liquid chromium at or near the surface of a tank would lower airborne chromium levels and reduce
splashing from tanks.
• Hydration of flakes before addition. To add liquid chromium to tanks, the dry flakes must be hydrated. Whether this process
is performed by chemical suppliers that provide plating solutions to metal finishing companies or by metal finishing companies that
have the necessary experience and equipment, appropriate work practices such as mixing techniques must be implemented to
minimize the potential airborne levels of hexavalent chromium.

6. Dust Control
• Better housekeeping. Chrome dust that comes off products that are polished or grinded is actually elemental chromium, not
hexavalent chromium, so polishing and grinding contribute little to airborne hexavalent chromium levels. However, Companies
should use good housekeeping practices, including wet mopping, and wet wipedowns, to reduce the amount of dust present.

7. Improvement and Maintenance of Existing LEVs
• Improvement and maintenance of existing LEVs. Companies may repair and maintain their current LEVs. Because the final
rule indicates that at least 75 percent of the industry is in compliance with the PEL with LEVs working at 40% of capacity,
increasing LEV function can materially affect compliance.

8. Other Controls
• Other methods. Companies are constantly determining best work practices and technological controls through laboratory
research and practical experience. Companies will implement other engineering and work practice controls as necessary and as
practicable to reduce potential hexavalent chromium workplace exposures.

EXHIBIT B
WORKPLACE TASKS REQUIRING RESPIRATORS WHERE PEL IS EXCEEDED
Some well-known and relatively few, discrete tasks related to metal finishing activities result in potentially higher workplace
exposures of hexavalent chromium. Where the applicable PEL for hexavalent chromium is exceeded, respirators shall be worn to
conduct the following activities:
(1) Hexavalent chromium chemical additions. In order to have the metal deposited onto the part, hexavalent chromium must be
added to the plating tank periodically. This is a discrete activity that involves the addition of either a dry flake of hexavalent
chromium chemicals or a liquid solution of hexavalent chromium into the plating tank. Respirators shall be worn during the period it
takes to add the hexavalent chromium chemical to the tank.
(2) Hexavalent chromium preparation and mixing. Different mixtures of hexavalent chromium chemicals are needed for
different types of chromium plating processes. For example, hard chromium plating can require higher concentrations of hexavalent
chromium because a thicker coating and longer plating process may be needed for the critical product quality and performance.
Similarly, different types of decorative chromium plating processes may need different levels of hexavalent chromium and other
chemicals such as catalysts. These mixtures can be in the form of dry flakes or liquid solutions. All of these different hexavalent
chromium chemical mixtures are generally prepared by metal finishing suppliers and distributors. Some metal finishing companies
may also prepare hexavalent chromium solutions from the dry flakes prior to addition to the plating tanks. Respirators shall be worn
during the period it takes to prepare these hexavalent chromium mixtures and solutions whether the activity is conducted at a
chemical supplier or a metal finishing company.
(3) Hexavalent chromium tank cleaning. Occasionally, the tanks used for chromium plating may need to be emptied and
cleaned. This process would involve the draining of the solution and then the removal of any residues in the tank. Workers cleaning
out these tanks may have to enter the tank or reach into it to remove the residues. Respirators (as well as other appropriate PPE)
shall be worn during the period it takes to clean the tanks and prepare them for use again.
(4) Hexavalent chromium painting operations. Some metal finishing operations apply paints with higher concentrations of
hexavalent chromium to a line of parts, particularly for aerospace applications when a high degree of corrosion protection is needed
for critical product performance. Paints are generally applied in such operations with some type of spray mechanism or similar
dispersion practice. In some instances, it may be difficult to keep workplace exposures below the PEL for such paint spraying
activities. Respirators shall be worn during such spray painting operations.
[71 FR 10374, Feb. 28, 2006, as amended at 71 FR 63242, Oct. 30, 2006; 73 FR 75585, Dec. 12, 2008; 75 FR 12686, Mar. 17,
2010; 77 FR 17781, Mar. 26, 2012]

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