Regulations (Preambles to Final Rules) - Table of Contents Regulations (Preambles to Final Rules) - Table of Contents
• Record Type: Occupational Exposure to Cadmium
• Section: 1
• Title: Section 1 - I. Introduction

I. Introduction

A. General

The preamble to this standard on occupational exposure to cadmium discusses the events that led to the development of the proposal, cadmium's physical properties, manufacture and use, the health effects associated with exposure to cadmium, and the degree and the significance of the risk. In addition, an analysis of the regulatory impact and technological and economic feasibility of the proposed standard and the rationale behind the specific provisions set forth in the regulatory text are also presented.

OSHA is acting to regulate a hazard widely recognized by other Federal agencies, health experts, and the general public. These standards will be codified at 29 CFR 1910.1027 for general industry, 1915.1027 for maritime, 1928.1027 for agriculture and 1926.63 for the construction industry. Pursuant to sections 4(b)(2), 6(b), 8(c) and 8(g) of the Occupational Safety and Health Act of 1970 (the Act) (84 Stat. 1592, 1593, 1596, 1599; 29 U.S.C. 653, 655, 657), the Construction Safety Act (40 U.S.C. 333), the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941), the Secretary of Labor's Order No. 1-90 (55 FR 9033), and 29 CFR Part 1911, these final standards hereby amend and revise the current cadmium standards.

This action follows publication of a proposed rule on February 6, 1990 (55 FR 4052) and holding of public hearings from June 5-13, 1990 in Washington, D.C. and July 17-19, 1990 in Denver, Colorado to provide the public with an opportunity to comment on OSHA's proposed rule on cadmium. Approximately 2000 pages of testimony and 100 comments were received into the record of this rulemaking and have been analyzed by the Agency in creating this final standard.

B. Construction

OSHA has decided to issue two separate standards regulating occupational exposure to cadmium; one that applies to workplaces in general industry and agricultural and maritime industries, and another covering construction worksites. By doing so, OSHA is acting in accordance with the recommendations of the Advisory Committee for Construction Safety and Health (ACCSH), which has reviewed and commented on the proposal and has submitted changes in that proposal to the record of the rulemaking.

Additional reasons that support a separate standard for construction can be summarized briefly as follows:

(1) The construction industry is characterized by nonfixed worksites that are temporary in nature and differ from those in general industry in regard to the need for a designated competent person as well as significant differences between workplaces in terms of site conditions, size and scope of tasks, methods of operation, and environmental conditions.

(2) Employees in the construction industry often do not remain in construction or in the employ of the same employer for a long period of time, in contrast to employees in fixed-site manufacturing facilities.

(3) The special characteristics of construction operations made it necessary to tailor some of the requirements traditionally included in OSHA health standards to the specific needs of the construction industry.

OSHA has tailored the requirements of the final construction standard to reflect differences in operations of various types within the construction industry itself. In recognition of this wide diversity in construction projects, the Agency has specifically identified in the final rule those additional requirements that apply to such construction operations. The record demonstrates, with a few exceptions, the generally low exposures and well-controlled conditions prevailing in construction operations involving the use of cadmium.

[57 FR 42102, Sept. 14, 1992; 58 FR 21778, April 23, 1993]

Regulations (Preambles to Final Rules) - Table of Contents Regulations (Preambles to Final Rules) - Table of Contents