Title of Rule and Other Identifying Information: Chapter 296-62 WAC, Part I-2 -- Hexavalent chromium.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Occupational Safety and Health Administration (OSHA) revised their hexavalent chromium standard to adopt new requirements related to the notification requirements in the exposure determination provisions. OSHA now requires employers to notify employees of the results of all hexavalent chromium exposure level monitoring results, not just exposures that exceed the permissible exposure limit (PEL). The department's standard covers more than one industry in one standard and will be making a change in the current fifteen day notification requirement.

     WAC 296-62-08009 Exposure determination.

     •     Subsection (4)(a), update the employee notification of determination results from fifteen work days to five work days.

     •     Subsection (4)(b), changed wording to match OSHA's language without substantial change: "within five work days after making an exposure determination in accordance with subsection (2) or (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."

     Reasons Supporting Proposal: The department will be making a change to the general industry part of the rule, making the current fifteen day notification requirement a five day one.

     Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060.

     Statute Being Implemented: Chapter 49.17 RCW.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of labor and industries, governmental.

     Name of Agency Personnel Responsible for Drafting: Tracy Spencer, Tumwater, (360) 902-5530; Implementation and Enforcement: Michael Silverstein, Tumwater, (360) 902-4805.

September 21, 2010

Judy Schurke

Director

OTS-3610.1

AMENDATORY SECTION(Amending WSR 06-16-106, filed 8/1/06, effective 9/1/06)

WAC 296-62-08009   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 subsection (2) or (3) of this section.

     (2) Scheduled monitoring option.

     (a) 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.

     (b) 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.

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

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

     (e) 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.

     (f) 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.

     (a) In general industry ((where the exposure determination indicates that employee exposure exceeds the PEL,)) within ((fifteen working)) five work days after making an exposure determination in accordance with subsection (2) or (3) of this section, the employer shall ((either post the results in an appropriate location that is accessible to all affected employees or shall)) individually notify each affected employee ((individually)) in writing of the results of that determination or post the results in an appropriate location accessible to all affected employees.

     (b) In construction and shipyards, marine terminals, and longshoring ((where the exposure determination indicates that employee exposure exceeds the PEL, as soon as possible but not more than)) within five ((working)) work days ((later 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)) after making an exposure determination in accordance with subsection (2) or (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.

     (c) 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 twenty-five percent and can produce accurate measurements to within a statistical confidence level of ninety-five percent for airborne concentrations at or above the action level.

     (6) Observation of monitoring.

     (a) 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).

     (b) 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.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 06-16-106, § 296-62-08009, filed 8/1/06, effective 9/1/06.]

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