Virginia Regulatory Town Hall
Department of Labor and Industry
Safety and Health Codes Board
Federal Identical General Industry Standards [16 VAC 25 ‑ 90]
Chapter is Exempt from Article 2 of the Administrative Process Act
Action is Exempt from Article 2 of the Administrative Process Act
Revision-Notification Requirements-Exposure Determination Provisions-Hexavalent Chromium
Action 3358
General Information
Action Summary This federal Direct Final Rule (DFR) amends paragraph (d)(4)(i) of the Chromium (VI) standards (29 CFR 1910.1026 – General Industry, 29 CFR 1915.1026 – Shipyard employment, and 29 CFR 1926.1126 – Construction). The current final rule established an 8-hour time-weighted average (TWA) exposure limit of 5 micrograms of Cr(VI) per cubic meter of air (5 µg/m3) for all sectors. In paragraph (d)(4)(i) of the current final rule – Exposure notification of determination results – employers are required to notify workers only of exposures that exceed the permissible exposure limit (PEL). This revision of paragraph (d)(4)(i) would now require employers to notify workers of all hexavalent chromium exposure level monitoring results, not just exposures that exceed the PEL. This change mirrors similar provisions in federal 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)).
Chapters Affected
  VAC Chapter Name Action Type
Primary 16 VAC 25-90 Federal Identical General Industry Standards Amend Existing Regulation
Other chapters
  16 VAC 25 - 100 Federal Identical Shipyard Employment Standards
  16 VAC 25 - 175 Federal Identical Construction Industry Standards
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: Code of Virginia § 2.2-4006.A.4(c)
RIS Project Yes  [002573]
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
5650 Final Stage complete. This regulation became effective on 11/15/2010.
Contact Information
Name / Title: Cristin Bernhardt  / Regulatory Coordinator / Staff Attorney
Address: Main Street Centre
600 East Main Street
Richmond, VA 23219
Email Address:
Phone: (804)786-2392    FAX: (804)786-2641    TDD: ()-

This person is the primary contact for this agency.