APRIL 27, 2007

Beginning immediately, at all construction sites where portland cement is being used, OSHA will specifically determine whether employers are in compliance with regulations addressing sanitation, personal protective equipment, training, hazard communication, and recordkeeping. This special emphasis is a result of a recently settled lawsuit in the U.S. Court of Appeals for the 3rd Circuit.

In early 2006, OSHA issued a hexavalent chromium standard that excluded workplace exposures to portland cement. That exclusion was challenged in the Court of Appeals and a settlement was reached between three Unions who were plaintiffs – the National Association of Manufacturers, the Special Steel Industry of North America, and OSHA.

A “Portland Cement Inspection Procedures” document will be developed by OSHA, incorporating the terms of the settlement agreement, and an inspection memorandum will be issued to all inspectors. Other provisions of the agreement address reporting and making available information about the number of inspections and their outcome, encouraging states to follow the agreement, and in certain cases checking for compliance with regulations on gases, vapors, fumes, dusts, and mists.

The portion of the lawsuit addressing the permissible exposure limit for hexavalent chromium was not settled and is still ongoing.

For further information, please contact John Austin (jaustin@pattonboggs.com or 202-457-6167), or Henry Chajet (hchajet@pattonboggs.com or 202-457-6511).

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The Patton Boggs Health and Safety Law Group consists of attorneys who have resolved client problems in environmental, energy, natural resource, and safety and health law since the late 1960s. With lawyers in Washington, D.C., Alaska, Colorado, Texas, New Jersey, New York, and Northern Virginia, we have experience with EPA, OSHA, MSHA, NIOSH, DOT, OPS, Coast Guard, NTSB, FAA, FDA, CSP, the Chemical Safety Board, and almost every other federal and state government health and safety agency in the United States and throughout the world. We speak a variety of languages; have backgrounds in business, science, engineering, industry, and government; and combine preventive law counseling with courtroom and lobbying expertise to achieve results. For more information go to: http://www.pattonboggs.com or contact Henry Chajet (hchajet@pattonboggs.com) at 202-457-6511, Mark Savit (msavit@pattonboggs.com) at 202-457-5269, Cole Wist (cwist@pattonboggs.com) at 303-894-6159, John Austin (jaustin@pattonboggs.com) at 202-457-6167 or Willa Perlmutter (wperlmutter@pattonboggs.com) at 202-457-5223.

Important Note: This ALERT does not constitute legal advice and counsel should be consulted regarding specific factual situations which will determine the compliance advice applicable to any particular question regarding the subject matter. If you would like additional information or advice and counsel on training, compliance or audits, please let us know. 

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