OSHA settles challenges to hexavalent chromium standard

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) on May 21 signed an agreement with the National Association of Manufacturers (NAM), the Specialty Steel Industry of North America (SSINA), Public Citizen Health Research Group (HRG) and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (Steelworkers). This agreement settles NAM and SSINA’s challenge to OSHA’s hexavalent chromium standard (NAM et al. v. OSHA, 3d Cir Docket Nos. 06-2272 and consolidated cases).

As a result of the settlement, OSHA will issue a letter of interpretation addressing specific questions NAM and SSINA presented to OSHA regarding the agency’s new hexavalent chromium [Cr(VI)] standard for general industry. The letter will be issued by OSHA’s Directorate of Enforcement Programs.

On or before May 24, NAM and SSINA will be filing a motion with the U.S. Court of Appeals for the Third Circuit to withdraw their petition for review of the Cr(VI) standard. OSHA, HRG, and the Steelworkers have agreed not to oppose any motion NAM and/or SSINA may file to intervene in support of the Cr(VI) standard in the remaining cases.