OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

June 4, 1979

Mr. W. E. Whitaker
General Manager
Amax Lead Company of Missouri
Boss, Missouri 65440

Dear Mr. Whitaker:

This is in reference to your letter dated May 19, 1979, concerning your request for a temporary variance from Sections 1910.1025(h)(2)(ii) and (i)(4)(iv) Occupational Exposure to Lead, of the Occupational Safety and Health Standards.

In our telephone conversation on May 25, 1979, you advised me that compliance with the vacuuming requirements of Section 1910.1025(h)(2)(ii) concerning housekeeping will be attained by June 30, 1979. If your vacuuming system proves ineffective you will utilize other methods of cleaning to comply with this Section. If you cannot comply with this Section by June 30, 1979, please contact my office.

As you were advised, the use of tank type vacuum cleaners with hose and the appropriate filter bags is acceptable for employees to vacuum their clothing. These portable vacuum machines, properly maintained, would meet the intent of Section 1910.1025(i)(4)(iv).

No further action will be taken on your request for a variance. If I can be of further assistance, please contact my office at 202-523-7193.


James J. Concannon, Director
Office of Variance Determination