CIn 2006, OSHA issued updated standards regulating workplace exposures to hexavalent chromium in
general industry, construction, and maritime. This Instruction establishes MOSH's participation in
OSHA's NEP in general industry and construction that focuses on the health hazards presented to
workers by occupational exposure to hexavalent chromium and a number of other toxic substances often
found in conjunction with hexavalent chromium. This Instruction contains directions for identifying
and inspecting workplaces where workers are likely to be exposed to hexavalent chromium and other
toxic substances, as well as relevant procedures and plans for compliance assistance.
- The Assistant Commissioner or authorized representative shall ensure compliance with this
- Compliance and Consultation supervisors shall ensure that this instruction is reviewed with all
Compliance Safety and Health Officers (CSHOs).
- Inspections under this NEP will focus on industries where overexposures to hexavalent chromium
are known to occur. MOSH will conduct at least five (5) inspections under this NEP each year.
- Inspection under this NEP will be conducted in accordance with OSHA Instruction CPL 02-02-076,
National Emphasis Program - Hexavalent Chromium, February 23, 2010, §§ XII.A.3 through XII.G and
"Chromium (VI) [hexavalent chromium or CR(VI)]" means chromium with a valence of positive six, in
any form or chemical compound in which it occurs. This term includes Cr(VI) in all states of matter,
in any solution or other mixture, even if encapsulated by other substances. The term also includes
Cr(VI) created by an industrial process, such as when welding of stainless steel generates Cr(VI) fume.
National Emphasis Program Goals
The purpose of this NEP is to significantly reduce the number of workers who are exposed to
hexavalent chromium and the toxic substances listed in Appendix C at levels that exceed applicable
OSHA permissible exposure limits (PELs) and to control the health hazards associated with such
exposures. This goal will be accomplished by a combined effort of inspection targeting, outreach, and
Inspections will target industries and facilities that are likely to have workers exposed to the
health hazards covered by this NEP. To ensure abatement and to measure the effectiveness of this NEP,
follow-up inspections shall be conducted as outlined in Section XII.D of OSHA's CPL 02-02-076 NEP
Inspections under this NEP will generally focus on industries where over exposures to hexavalent
chromium are known to occur. Establishments with less than 10 employees shall be included in this NEP.
The MOSH central office will generate the master list for this NEP using Harris Infosource
Selectory of industries in Maryland.
Each establishment on the list will be assigned a sequential number. The list will be randomized
using random number tables. The central office will create inspection cycles of five (5) or more
establishments. Subsequent cycles will be created in the same way until the expiration of the NEP or
until all establishments on the list have been assigned a cycle.
The central office shall delete from the master list for a current inspection cycle any facilities
which they know are not likely to have Cr(VI) hazards or are out of business. In addition, facilities
that have had health inspections in the preceding two years addressing hazards covered by this NEP
shall be deleted from the master list provided that no citations were issued for Cr(VI) or the
substances listed in Appendix C of OSHA's CPL 02-02-076, NEP-Cr(VI), 02/23/10, or that such
citation(s) were issued but either a follow-up inspection documented tangible, appropriate, and
effective efforts to abate any serious hazards cited or MOSH received notice of, and confirmed
abatement of, any serious hazards cited.
cc: J. Ronald DeJuliis, Commissioner, Division of Labor and Industry
Craig D. Lowry, Deputy Commissioner, Division of Labor and Industry
Jonathan Krasnoff, Assistant Attorney General
Office of Administrative Hearings