OSHA Instruction CPL 2-2.47 January 5, 1989 Office of Health Compliance
Subject: Compliance Dates for the Lead Standard 29 CFR 1910.1025, with
Clarification of the Implementation Schedule
A. Purpose. This instruction provides current compliance dates for
the lead standard, with clarification of the implementation schedule for the
engineering and work practice control provisions in 29 CFR 1910.1025(e)(1),
B. Scope. This instruction applies OSHA-wide.
C. Action. Regional Administrators and Area Directors shall ensure
that the compliance dates established in this instruction are followed during
the effective time period of this instruction.
D. Federal Program Change. This instruction describes a Federal
Program change which affects State programs. Each Regional Administrator
1. Ensure that this change is forwarded to each State
2. Explain the technical content of the change to the State
designee as requested.
3. Advise the State designees that this instruction provides the
current compliance dates for the lead standard and clarifies the
implementation schedule for the engineering and work practice control
provisions in 29 CFR 1910.1025(e)(1), for ensuring that the compliance dates
4. Ensure that State designees acknowledge receipt of this Federal
program change in writing, within 30 days of notification, to the Regional
Administrator. The State's acknowledgment letter should indicate (1) that
the implementation schedule in the State's equivalent to 29 CFR
1910.1025(e)(1) has established compliance dates earlier than the current
dates set out in this instruction for compliance with the Federal standard;
or, (2) in response to this instruction, will establish an implementation
schedule in accordance with F. and Appendix A of this instruction. The
State's acknowledgment letter should also indicate whether the State has
stayed enforcement of 29 CFR 1910.1025(e)(1) for the industries listed in
Appendix A of this instruction.
5. Review policies, instructions and guidelines issued by the
State to determine if this change has been communicated to State program
1. The effective date of the engineering controls provisions of
the lead standard is considered to be June 29, 1981, since this is the date
on which the Supreme Court denied certiorari on the appeal of the decision of
the U.S. Court of Appeals for the D.C. Circuit.
2. On August 15, 1980, the United States Court of Appeals for the
District of Columbia Circuit upheld the validity of the entire lead standard
for the following industry sectors: primary and secondary lead smelting, can
manufacturing, battery manufacturing, printing, ink manufacturing, wallpaper
manufacturing, electronics manufacturing, paint and coating manufacturing,
and gray-iron foundries. However, for several industry sectors (see Appendix
A), the Court stayed the enforcement of 29 CFR 1910.1025(e)(1), which
requires compliance with the PEL through engineering and work practice
controls. The stay has not yet been lifted.
3. On December 11, 1981, OSHA issued a revised Supplemental
Statement of Reasons regarding the feasibility of complying with the lead
standard for certain industries. At that time, Table 1 was amended "to
extend the compliance deadline for the other industries to two and one-half
years to allow sufficient time for the design and installation of controls
and to prevent inequities to the affected industries as a result of the
Secretary's reconsideration of the standard" (46 FR 60758).
4. It is OSHA's belief that the compliance dates for "all other
industries" will be 2 1/2 years from the date that the stay is lifted, with
the exception of auto manufacture/solder grinding industry which will be 7
years from that date.
5. In the same Revised Supplemental Statement of Reasons of
December 11, 1981, OSHA also amended the lead standard in three important
aspects. The first amendment was to exempt employers from the requirement to
implement engineering and work practice controls to achieve 50 ug/m3 for
employees who are exposed above the PEL for 30 days or less annually. The
employer shall still be required to implement engineering controls to reduce
exposures to 200 ug/m3, but thereafter may implement any combination of
engineering and work practice controls (including administrative) and
respiratory controls to reduce employee exposure to or below 50
6. The second amendment was the change in the language of
paragraph (e)(1) to reflect OSHA's past compliance policy by incorporating
the concept of feasibility of engineering and work practice controls so that
employers may use effective respiratory equipment to achieve compliance with
the standard once they have demonstrated the infeasibility of such
7. The third amendment was OSHA's request of the Court to remand
the record for nine industry sectors for further administrative proceedings.
These nine industry sectors are lead pigments manufacture, lead chemicals
manufacture, leaded steel production, shipbuilding and repair, nonferrous
foundries, secondary copper smelting, brass and bronze ingot production,
battery breaking (when not part of secondary lead smelting operation), and
8. On March 31, 1987, the Court of Appeals for the District of
Columbia granted OSHA's request of December 11, 1981, to remand the record to
OSHA for further administrative proceedings to determine the feasibility of
paragraph (e)(1) of the lead standard in the nine industry sectors listed
above and ordered OSHA to return the record on or before October 1, 1987. On
July 31, 1987, the Court granted OSHA's motion to extend to January 1, 1988,
for return of the record.
a. A public hearing was held in Washington, D.C. from November
3-6, 1987. On December 16, 1987, the Court granted OSHA's request to extend
the deadline for return of the record until July 15, 1988.
b. On July 15 and again on November 30, 1988, OSHA filed for
extension to complete its economical and technological feasibility analyses
for all nine industry sectors concerning Paragraph (e)(1). The Court's
decision is pending.
9. The stay of enforcement of 29 CFR 1910.1025(e)(1) remains in
effect for the industries listed in Appendix A of this instruction. The
industries for which (e)(1) is stayed must install engineering controls to
meet the 200 ug/m3 level. They may use any combination of engineering, work
practice (including administrative controls), and respiratory controls to
meet the 50 ug/m3 PEL.
F. Current Implementation Schedule.
1. In accordance with the decision of the U.S. Court of Appeals
for the D.C. Circuit, the implementation schedule for 29 CFR 1910.1025(e)(1)
should appear as shown in Appendix B of this instruction.
2. Under 29 CFR 1910.1025(j), Medical Surveillance, Paragraph
(2)(i), the zinc protoporphyrin (ZPP) test is required as of December 29,
3. All provisions of the lead standard 29 CFR 1910.1025 are
enforceable except for the following:
a. Paragraph (e)(1) [therefore, (e)(3) and (r)(7) as well] for
the selected industries listed in Appendix A of this instruction. However,
1910.1025(e)(1) is enforceable insofar as it requires employers in these
industries to reduce air lead levels to a level of 200 ug/m3 through the
implementation of engineering controls.
b. Paragraph (f)(2)(i), Table II. As published in the January
26, 1979, Federal Register notice (44 FR 5446), OSHA granted 3M's request to
reconsider the respirator issue and permitted the continued use of dust,
fume, and mist air-purifying respirators for concentrations not in excess of
0.5 mg/m3 in addition to the respirators listed in Table II, pending
John A. Pendergrass Assistant Secretary
DISTRIBUTION: National, Regional, and Area Offices All Compliance Officers
State Designees NIOSH Regional Program Directors 7(c)(1) Project Managers
Industries for Which Stay of Enforcement of 29 CFR
1910.1025(e)(1) Remains in Effect 1/
Agriculture Pesticides Aluminum Smelting Ammunition Manufacturing Artificial
Pearl Processing Auto Manufacturing/Solder Grinding Book Binding Brass and
Bronze Ingot Production Brick Manufacture Cable Coating Collection and
Processing of Scrap (Battery Breaking) -- when not part of secondary lead
smelter operations Copper Smelting Cutlery Diamond Processing Electroplating
Explosives Manufacture Gasoline Additive Manufacture Glass Manufacture Gold,
Silver, and Platinum Smelting Jewelry Manufacture Lamp Manufacture Lead
Burning (Brazing/Welding) Lead Chemicals Manufacture Lead Pigments
Manufacture Lead Sheet Metal Manufacture Leather Manufacture Machining
Miscellaneous Lead Products Nickel Smelting Nonferrous Foundries Pipe
Galvanizing Plastics and Rubber Manufacture Plumbing Pottery and Ceramics
Sheet Metal Manufacture Shipbuilding and Repair Solder Manufacture Soldering
Spray Painting Steel Manufacture (Leaded Steel) Stevedoring
Telecommunications Terne Metal Textiles Tin Rolling and Plating Wine Making
1/ Due to slight inconsistencies in wording and grouping of industries in
various Federal Register publications and memorandums, the Agency has
decided to use primarily the listing provided in the Federal Register
notice of January 21, 1981, (46 FR 6134) In the December 11, 1981,
Supplemental Statement (46 FR 69758), OSHA reaffirmed its conclusions that
compliance with the PEL was generally feasible for most of these industries
but requested the Court to remand the record to OSHA for nine of these
industries (listed previously) Paragraph 1910.1025(e)(1) does, however,
require the employers in these industries to implement feasible engineering
controls to reduce air lead levels to 200 ug/m3.
Implementation Schedule of
Dates to Achieve Compliance with Engineering and
Work Practice Controls to Specified Level
Industry.1/ 200 ug/m3 2/ 100 ug/m3 50 ug/m3
Primary lead production. 1971 6/29/84 6/29/91
Secondary lead production. 1971 6/29/84 6/29/86
Lead-acid battery manufacturing 1971 6/29/83 6/29/86
Electronics, gray iron foundries, 1971 N/A 6/29/82 ink
manufacture, paints and coating manufacture, can manufacture, wall paper
manufacture, and printing.
Lead pigment manufacture, 1971 N/A N/A 3/ Lead
chemical manufacture, non-ferrous foundries, leaded steel manufacture, ship
building and ship repair, battery breaking in the collection and processing
of scrap (when not part of secondary lead smelter), secondary copper smelter,
and brass and bronze ingot production.
Auto manufacture/Solder grinding. 1971 N/A Stayed4/
All other industries. 1971 N/A Stayed5/
1/ Includes ancillary activities located on the same work
2/ This continues an obligation from Table Z-2 of 29 CFR
1910.1000, which had been in effect since 1971 but which was deleted upon the
effectiveness of this section.
3/ The feasibility of achieving the PEL by engineering and work
practice controls for these industries have yet to be determined therefore no
date has been scheduled.
4/ This date was to be 7 years from the date that the stay is
5/ The date, which was to be 2 1/2 years, after the effective date
for paragraph (e), has been stayed by the U.S. Court of Appeals for the D.C.
Circuit, 647 F. 28 1189 (1980).