The U.S. Occupational Safety and Health Administration’s final ruling on employers’ responsibilities for notifying workers about exposures to hexavalent chromium has been released for public comment. The ruling and the procedure for filing comments are available online. Comments must be filed by April 16, 2010.

Hexavalent chromium is a toxic chemical used in pigments, metal finishing, wood preservatives and fungicides. Welders are notably at risk of exposure because hex-chrome fumes are generated during welding of chromium metal alloys. OSHA said workers exposed to hex-chrome are at greater risk for lung cancer and damage to the nose, throat and respiratory tract.

Currently, OSHA requires employers to alert workers only when they experience hexavalent chromium exposures exceeding the permissible exposure level. Upon review, the agency decided to make hexavalent chromium consistent with other OSHA standards on hazardous substances (e.g., lead, arsenic) that require worker notification of all exposures.

OSHA’s decision follows a federal court ruling that the agency failed to explain why it departed from the proposed rule that would require notifying workers of all hexavalent chromium exposures.

“Hexavalent chromium is a dangerous chemical and exposure can lead to serious adverse health effects,” stated David Michaels, asst. secretary of labor for OSHA. “With this new notification requirement, employers are now required to provide more information to workers that help them identify and reduce their own exposure to toxic chemicals.”

Notices may be submitted by regular mail to the OSHA Docket Office, Docket No. OSHA-H054a-2006-0064 or RIN No. 1218-AC43, U.S. Department of Labor, Room N-2625, 200 Constitution Ave., Washington, D.C. 20210. Submissions can also be faxed to the OSHA Docket Office at 202-693-1648. Comments must include the agency name and docket number.

If no adverse comments are received by April 16, the Direct Final Rule will take effect June 15, 2010, if no significant adverse comments are received.

The agency said a Notice of Proposed Rulemaking would go into effect if the agency receives significant adverse comments within 30 days of publication. This will allow OSHA to continue the rulemaking as a “Notice and Comment” rulemaking.