Directives - Table of Contents|
| Record Type:||Instruction|
| Directive Number:||CPL 02-02-058|
| Old Directive Number:||CPL 2-2.58|
| Title:||29 CFR 1926.62, Lead Exposure In Construction; Interim Final Rule-- Inspection and Compliance Procedures|
| Information Date:||12/13/1993|
OSHA Instruction CPL 2-2.58 December 13, 1993 Office of Health Compliance Assistance
Subject: 29 CFR 1926.62, Lead Exposure In Construction; Interim Final Rule--Inspection and Compliance Procedures
A. Purpose. This instruction provides uniform inspection and compliance guidance for Lead Exposure in Construction, 29 CFR 1926.62, Interim Final Rule, published in the Federal Register May 4, 1993, that became effective June 3, 1993.
B. Scope. This instruction applies OSHA-wide.
D. Action. OSHA Regional Administrators and Area Directors shall use the guidelines in this instruction to ensure uniform enforcement of the Interim Final Rule for Lead Exposure in Construction, 29 CFR 1926.62. The Directorate of Compliance Programs will provide support as necessary to assist the Regional Administrators and Area Directors.
E. Federal Program Change. This instruction describes a Federal program change which affects State programs. Each Regional Administrator shall:
F. Background. On May 4, 1993, OSHA published an Interim Final Rule for Lead in Construction (29 CFR 1926.62) which revised its existing lead rule applicable to the construction industry (29 CFR 1926.55). OSHA was required to take this action under the Housing and Community Development Act of 1992 (42 U.S.C. 4853). The agency was required to adopt an interim final standard in a 6-month period and, therefore, was not constrained to follow the Section 6(b) rulemaking procedures (i.e., proposal, comment period, hearings) of the Occupational Safety and Health Act of 1970.
G. Authorization to Review Limited Medical Information. Appropriately qualified compliance personnel, under the direction of the Supervisory Industrial Hygienist, are authorized to review medical records and medical opinions mandated by OSHA standards. This authorization has limitations and procedures which must be followed as set forth in OSHA Instructions CPL 2-2.30 and CPL 2-2.33.
H. Organization of Instruction. Compliance guidance is set forth in this instruction. Additional information and clarifications are provided as follows:
I. Inspection Guidance. Inspections to assess compliance with 29 CFR 1926.62 must be conducted by a Compliance Safety and Health Officer (CSHO) appropriately trained in conducting inspections in the construction industry (e.g., thoroughly familiar with all effective provisions of 29 CFR 1926.62 and with the guidelines in this instruction). Citations issued for violations of 29 CFR 1926.62 must be reviewed by the supervisory industrial hygienist.
Joseph A. Dear Assistant Secretary,
DISTRIBUTION: National, Regional, and Area Offices All Compliance Officers State Designees NIOSH Regional Program Directors Consultation Project Managers
Regulation Inspection Guidance
1926.62(a) Scope and application
(a) All occupational exposure to lead occurring in the course of construction work, including maintenance associated with construction work is covered by 29 CFR 1926.62. Construction work is defined as construction, alteration and/or repair, including painting and decorating per 29 CFR 1910.12(b).
Regulation Inspection Guidance
1926.62(c) Permissible exposure limit
(c)(3) The standard permits the use of respiratory protection and the adjustment of employee exposure based on the assigned protection factor of the respiratory protection to achieve compliance with the permissible exposure limit (PEL) only if the employer has complied with 29 CFR 1926.62(e)(1), Engineering and work practice controls and (f), Respiratory protection. (See Appendix B for guidance on exposure calculation for compliance with 1926.62(c)(3).)
1926.62(d) Exposure assessment
(d)(1) The employer must initially determine if any employees may be exposed at or above the action level (AL) of 30 ug/m(3) measured as an 8-hour TWA. The employer must conduct initial exposure assessments of all workplaces and operations where lead or lead-containing materials are being used, disturbed, or removed. Exposure assessments must meet the requirements of 1926.62(d)(1)(ii)-(iv). Paragraph (d)(1)(ii) defines employee exposure as that exposure that would occur if the employee were not wearing a respirator. All exposure assessments must be made in accordance with 1926.62(d)(1)(ii).
(d)(2) The employer must implement mandatory employee protective measures prior to and during the exposure assessment of tasks presumed to generate lead exposures greater than the PEL in accordance with the requirements of 1926.62(d)(2)(v). These interim control measures for the tasks identified under (d)(2)(i)-(iv) are consistent with the requirements of 1926.62(f), (g), (i)(2), (i)(5), (j)(1)(i), (l)(1)(i), and (l)(2)(ii).
(d)(2)(i)(A) For the purposes of complying with the requirements of this paragraph, demolition refers to dismantling, razing, or wrecking activities, and to demolition activities during rehabilitation, repair, or remodeling where structural members of the structure are not removed. This definition is based on the American National Standards Institute (ANSI) A10.6-1990 standard which defines "demolition" as dismantling, razing, or wrecking any fixed building or structure or any part thereof.
(d)(3) Objective or historical data can be used to satisfy the requirement for an initial exposure determination, except that for tasks covered by 1926.62(d)(2), actual employee exposure monitoring results or historical data (i.e., actual employee monitoring data obtained within the last 12 months) must be used since 1926.62(d)(3)(iv)(B) prohibits use of objective data for exposure assessment for these tasks. The employer must have the data and must have performed an exposure assessment using this data. The historic work data must be of sufficient quality to permit the employer to forego conducting the initial monitoring stipulated under (d)(3)(i).
(d)(6) Initial determinations and/or subsequent determinations that reveal employee exposures to be below the action level remove the employer's obligation to continue exposure monitoring, except if the conditions in 1926.62(d)(7) that require additional monitoring exist.
(d)(8) Paragraph (d)(8)(i) requires the employer to notify the exposed employee of the results within 5 working days after completion of the exposure assessment. This shall be interpreted as meaning within 5 working days from the employer's receipt of the monitoring results or the analysis of the objective or historical data.
Regulation Inspection Guidance
1926.62(e) Methods of Compliance
(e)(1) Engineering controls: The CSHO shall evaluate the feasibility of additional engineering controls on a case-by-case basis. Feasibility shall be determined on the basis of factors including, but not limited to, site conditions, the scale of the job and the effectiveness of the method in completing the planned job. If it is determined that a particular engineering or administrative control not already implemented is feasible, the control shall be identified as an appropriate abatement method.
(e)(2) The CSHO shall review the employer's written compliance program. It must be available at the worksite, and implemented prior to the start of the job. The employer may elect to provide a written plan that is unique to each worksite, but this is not required as long as the elements required by 29 CFR 1926.62(e)(2)(ii)(A)-(I) are specific to the conditions at the job site.
(e)(2)(ii)(H) The CSHO shall identify the exposing employers whose employees have potential exposure to lead, and contact them to determine whether the creating employer has adequately notified them of the hazard, and whether all affected employees have been informed. (See the FOM, Chapter XII.)
(e)(2)(iii) At the start of the inspection, the CSHO shall identify the competent person (CP) and, if appropriate, include the CP on the walkaround and other phases of the onsite inspection.
(e)(3) The CSHO shall review the employer's evaluation of mechanical ventilation performance. The employer's evaluation must include, but is not limited to, personal monitoring data, documentation of ventilation specifications and checks by the employer or competent person to assure performance, a written maintenance procedure as part of the written compliance program and the implemented schedule for maintenance by qualified personnel to verify the performance of any mechanical ventilation. Where possible, the CSHO shall collect ventilation measurements to verify the effectiveness of the mechanical ventilation.
(e)(4) The CSHO shall evaluate the job rotation schedule to verify compliance with 29 CFR 1926.62(e)(4). The information specified in paragraphs (e)(4) and (e)(2)(ii)(G) must be part of the written compliance program if administrative controls involving job rotation are used.
(e)(4)(ii) The employer is required to have exposure data that accurately represents the cumulative eight hour TWA exposure for each rotated employee. The CSHO shall evaluate these data and those data from the sampling required under paragraph (d)(3)(i) to determine if the rotation is effective in adequately reducing employee exposure.
Regulation Inspection Guidance
1926.62(f) Respiratory protection
(f)(1) The respirators that employees use must have been provided by the employer at no cost to employees. The employer must ensure that use of respirators comply with 29 CFR 1926.62(f)(1).
(f)(2) In selecting the appropriate respiratory protection, the employer must refer to 29 CFR 1926.62 (f)(2), Table l, for selection guidance.
(f)(3) The employer is required to ensure that an employee who must wear a respirator in accordance with 29 CFR 1926.62(f)(1) is properly fitted and qualified for respirator use. Paragraph (f)(3)(ii) requires that the fit test, whether qualitative or quantitative, shall be in accordance with 1926.62, Appendix D.
(f)(4) The CSHO shall check to determine if there is a respirator program in place and if the program is in accordance with 29 CFR 1910.134(b), (d), (e), and (f).
Regulation Inspection Guidance
1926.62(g) Protective work clothing and equipment
(g)(1) Protective work clothing must prevent lead from contacting employees' work or street clothes, undergarments, or skin, wherever 29 CFR 1926.62(g) applies.
(g)(2)(iii) PWC which has been rendered inappropriate, (e.g., when employer-provided shoes develop holes or split seams) must be promptly repaired or replaced by the employer, at no cost to the employee. Effective protection against contamination of employees' skin, hair, and garments must be maintained at all times.
(g)(2)(v) PWC is to be stored in a closed container at the end of the workshift until such time as it shall be cleaned, laundered, or disposed of in accordance with 29 CFR 1926.62(g)(2)(ii).
(g)(2)(vi) Laundering/cleaning of work clothes that are used as PWC shall be provided by the employer. Protective work clothing must be stored in the change area per paragraph (i)(2)(ii) and may not be sent home with the employee for cleaning per paragraph (i)(2)(iii).
(g)(2)(viii) Paragraph (g)(2)(viii) prohibits the removal of lead from protective clothing and equipment by any means that would disperse lead into the air. However, a violation of paragraph (g)(2)(viii) inside an abrasive blasting enclosure or other containment shall be considered de minimis, where the employer has provided employees with adequate respiratory protection and mechanical ventilation is being used. A violation of 29 CFR 1910.242 may exist.
Regulation Inspection Guidance
(h) The CSHO shall evaluate the employer's housekeeping through review of the written compliance program, implementation of program and observed work practices. When a determination has been made that an employer could reduce contamination of surfaces from occupational sources, wipe or bulk samples are to be taken to provide evidence that the surface contamination is, in fact, lead.
(h)(5) 29 CFR 1926.62(h)(5) prohibits cleaning with compressed air as a housekeeping practice unless effective exhaust ventilation is in use. However, certain circumstances may exist where cleaning using this technique is necessary.
Regulation Inspection Guidance
1926.62(i) Hygiene facilities and practices
(i)(2)(i) The CSHO shall determine if clean change areas equipped with acceptable storage facilities are available for all employees performing tasks covered by 29 CFR 1926.62(d)(2), at least until the assessment of exposure is complete. If employees are exposed to lead above the PEL, then change areas are still required.
(i)(3)(i) The CSHO shall determine the feasibility of shower facilities on a case-by-case basis using factors including, but not limited to the following:
(i)(4)(ii) To evaluate employer compliance with 29 CFR 1926.62(i)(4)(ii), the CSHO shall use methods including, but not limited to the following:
(i)(5)(i) 29 CFR 1926.51(f) states that:
Regulation Inspection Guidance
1926.62(j) Medical surveillance
(j)(1)(i) Any employee exposed to airborne lead concentrations at or above the action level on any day must be provided initial medical surveillance (blood test) for analysis of blood lead and zinc protoporphyrin (ZPP) levels. For compliance, OSHA recommends that initial medical surveillance shall be made available prior to assignment but no later than reasonably promptly after the employee has had an exposure above the action level. Citations shall be issued where the employer has not made available initial medical surveillance reasonably promptly. OSHA considers 48 hours an appropriate measure of reasonable promptness.
(j)(1)(ii) Employees with an exposure at or above the action level are entitled to coverage in the medical surveillance program under (j)(2) and (j)(3), as soon as the employer has reason to believe that the employee will be so exposed for more than 30 days or the employee has been so exposed for more than 30 days in any 12 consecutive months. Medical surveillance must be made available no later than the 31st day of performing work where employee exposures are at or above the action level within that period. Where the employer anticipates employee exposure, the medical surveillance program shall include a pre- assignment medical examination consistent with the requirements of Appendix C of 29 CFR 1926.62 and 29 CFR 1910.1025.
(j)(2) The CSHO shall confirm that employees entitled to periodic blood tests for blood lead and ZPP levels are provided those tests as specified in the standard.
(j)(2)(iii) The requirement to conduct a follow-up test applies to any test results, including the results of initial medical surveillance.
(j)(2)(iii) The CSHO shall confirm that blood tests are performed by an OSHA approved laboratory. Reference the OSHA Computerized Information System (OCIS) listing for "Blood Lead Laboratories."
(j)(3) The CSHO shall confirm that employees entitled to medical examinations and consultations are provided them as specified in the standard.
(j)(3)(ii) The content of the examinations may be confirmed by reviewing the information provided by the employer to the physician and by interviewing employees and the physician.
(j)(4) The CSHO shall conduct private interviews with selected employees to confirm that prophylactic chelation is not performed to keep blood lead levels down and that if it is ever performed for medical reasons, all provisions of (j)(4)(ii) are followed.
Regulation Inspection Guidance
1926.62(k) Medical removal protection
(k)(1)(i) Unlike the general industry standard for lead, the lead in construction standard, 29 CFR 1926.62, requires that a result of 50 ug/dl or more on two consecutive blood lead tests requires temporary medical removal of the employee and compensation with medical removal protection benefits (MRPB). Employers are not permitted to average blood lead test results to determine eligibility for medical removal.
(k)(1)(ii) Employees may qualify for medical removal protection benefits due to elevated blood lead levels or a final medical determination of detected medical condition that places the employee at increased risk of material impairment from exposure to lead. Both types of medical records are to be reviewed.
(k)(2) In determining compliance with the MRP benefits provisions the CSHO may use information sources such as, but not limited to, the following:
Regulation Inspection Guidance
1926.62(l) Employee information and training
(l)(1) Although 29 CFR 1926.62(l) references 29 CFR 1926.59 and requires that all employees covered by the "Lead Exposure in Construction" standard receive hazard communication training, the Hazard Communication standard, 29 CFR 1926.59, would not normally cover employees subject to lead exposure generated from lead-containing materials (LCM) already in place on the job. Employees exposed to such hazards are covered by 29 CFR 1926.21(b)(2) which requires that the employer instruct each employee in the recognition and avoidance of unsafe conditions and in the regulations applicable to his or her work environment in order to control or eliminate any hazards or other exposure to illness or injury.
(l)(1)(i) The CSHO shall determine if employees exposed to lead below the action level are receiving appropriate information and training as required under 29 CFR 1926.59. This includes the requirements for material safety data sheets, warning signs and labels, and information and training.
(l)(1)(ii) The CSHO shall determine if employees exposed to lead at or above the action level on any day, or to lead compounds that may cause eye or skin irritation are provided training in accordance with 29 CFR 1926.62(l)(2). The trainer must be able to address site-specific issues and demonstrate expertise in the area of lead hazards and their control. The CSHO shall verify this based on the completion of specialized courses, degree programs or work experience.
(l)(2) This training is in addition to the other requirements under 29 CFR 1926.59 and applies when employee exposure is at or above the action level, without regard to the use of respiratory protection. The training must cover the areas specified in 29 CFR 1926.62(l)(2)(i)-(viii) and be presented in a manner that is appropriate to the employees' education, literacy level and language.
Regulation Inspection Guidance
(m)(2)(i) When the employer has work areas where employee exposures exceed the PEL, warning signs shall be posted in each work area. The CSHO shall inspect the warning signs demarcating the lead work area.
Regulation Inspection Guidance
Computation of the TWA Concentration for the Duration of the Work Shift When Respiratory Protection Is Permissibly Used to Comply with the PEL
1. Applicability: Document the engineering, work practice and administrative controls used by the employer to lower airborne concentrations of lead under paragraph (e)(1). Verify compliance with all requirements of 29 CFR 1926.62(f) Respiratory protection.
(3) The protection factor assigned in Table l to the respirator worn while sampling was performed.
2. Formula: Where X = Total hours in the shift (value must
[(C(1))(T(1)) +...(C(n))(T(n))] = Sum of the product of sample results and time sampled when employee was not wearing a respirator.
[(C(R1))(T(R1)) + ...(C(Rn))(T(Rn))] = Sum of the product of
PF = Protection factor listed in Table l of 29 CFR 1926.62(f).
[(C(1))(T(1)) +...(C(n))(T(n))] +[(C(R1))(T(R1)) +...(C(Rn))(T(Rn))] PF PF X-hour TWA = --------------------------------------
3. Example: Sample A(r) was collected over 4 hours while the employee was wearing a one-half mask air purifying respirator with high efficiency particulate filters. Sample B was collected over 4.5 hours while the employee was not wearing a respirator. The work shift was 9 hours long; zero exposure was assumed for the 1/2 hour at the end of the shift when the employee showered.
The 9-hour TWA for this employee was 45 ug/m(3). The adjusted PEL for a 9-hour shift is 44 ug/m(3). The 95% confidence limits must still be calculated to determine noncompliance.
For Appendix C, "Applicable Paragraphs of 1926.62", see a printed copy of this directive.
For Appendix D please refer to the printed copy of this directive.
The purpose of the interim final rule is to provide a level of protection to workers exposed to lead in construction equivalent to that afforded other lead workers under OSHA's general industry standard 29 CFR 1910.1025. Provisions derived from the general industry standard and incorporated into the interim final standard include the following paragraphs of this rule: (b) Definitions; (c)(1), (2), (3), Permissible exposure limit; (d)(1), (3), (4), (5), (6), (7), (8), Exposure assessment; (e)(2)(i)-(v), (4) Methods of compliance; (f)(1)(i)-(iv), (2), (3), (4), Respiratory protection; (g)(1), (2), Protective work clothing and equipment; (h)(1), (2), (3), (4), Housekeeping; (i)(1), (2), Hygiene facilities and practices; (j)(1)(ii)-(iv), (2)(i)(B)-(C), (ii)-(iv), (3), (4), Medical surveillance; (k)(1)(ii)-(v), (2), Medical removal protection; (l)(1)(ii)(iii), (2), (3), Information and training: (m)(1), (2), Signs; (n)(1), (2), (3), (5), (6), Recordkeeping; and (o)(1), (2), Observation of monitoring.
(a) Scope and Application
The interim final lead standard for the construction industry applies to all occupational exposure to lead in all construction work in which lead, in any amount, is present in an occupationally related context.
Construction work is defined as work involving construction, alteration and/or repair including painting and decorating.
Action Level means an airborne concentration of lead of 30 ug/m(3) of air calculated as an 8-hour time weighted average. Action levels are important because their use permits employers to concentrate their resources on those employees and workplace conditions with the potential for high lead exposures.
Competent Person means a person who is capable of identifying hazards and has authorization to take corrective measures to eliminate them. Compliance programs required to be developed by employers under paragraph (e) of this section must provide for inspections of job sites, materials, and equipment to be made by the "competent person" to achieve the duties of the competent person set forth in the definition.
(c) Permissible Exposure Limit
The employer is required to assure that no employee is exposed to lead at concentrations in excess of the PEL of fifty micrograms of lead per cubic meter of air (50 ug/m(3)). [(c)(1)] The PEL is an eight-hour average of exposure for any work day. If respiratory protection is permissibly being used to comply with this limit, the employee needs to wear the respirator only for a period of time that, when averaged with periods of time the respirator is not used, will result in a TWA exposure to or below the PEL. [(c)(3)]
The interim final standard contains a formula by which adjustments to the permissible exposure limit can be made in the case of overtime. For example, if an employee is exposed to lead for 10 hours, the permissible limit as a 10 hour average, would be 400/10 or 40 ug/m(3). [(c)(2)]
(d) Exposure Assessment
Each employer who has a workplace or work operation covered by this standard is required to determine if any employee may be exposed to lead at or above the action level of 30 ug/m(3) as an 8-hour TWA. [(d)(2)(i)]
If objective data, demonstrating that under any expected conditions of use a particular product or material containing lead or a specific process, operation or activity involving lead cannot result in employee exposure to lead at or above the action level during processing, use, or handling, are being relied upon by the employer in lieu of implementing initial monitoring, the employer must establish and maintain a record documenting the nature and relevancy of the objective data. [(d)(3)(iv)] Certain specific tasks, the high exposure or "trigger tasks," are treated differently, however.
Where historical measurements of airborne lead are being used to satisfy the initial exposure assessment requirement, such monitoring data must have been obtained from projects conducted by the employer within the past 12 months under conditions which, in all relevant and significant respects, are essentially the same as the current project. [(d)(3)(iii)]
The initial monitoring requirement only requires monitoring of a representative sample of the employees believed to have the highest exposure levels. [(d)(3)(ii)] If any employee is determined by the initial monitoring to be at or above the action level, then full-scale representative monitoring for all exposed employees is required as set-forth in paragraph (d)(4) of this section. [(d)(4)(i)]
All exposure monitoring performed pursuant to this section must consist of personal breathing zone samples (see OSHA Instruction CPL 2-2.20B, CH-1, Nov. 13, 1990, Directorate of Technical Support) which are representative of the monitored employee's regular, daily exposure to lead over a full shift and which must consist of at least one sample for each job classification in each work area either for each shift or for the shift with the highest exposure level. [(d)(1)(iii)]
The purposes served by air sampling for employee exposure include: determination of the extent of exposure at the worksite, prevention of employee overexposure, identification of the sources of exposure to lead, collection of exposure data so that the employer can select the proper control methods to be used, and evaluation of the effectiveness of selected controls. Monitoring further enables employers to notify employees of their exposure levels, as required by section 8 (c)(3) of the Act.
The results of initial and periodic monitoring determine whether subsequent monitoring is necessary. Monitoring also determines whether other protective provisions of the standard need to be implemented.
If the initial determination or subsequent determination reveals employee exposure to be at or above the action level, but at or below the PEL, the employer is required to perform monitoring at least every 6 months. [(d)(6)(ii)] If the initial determination reveals that employee exposure is above the PEL, the employer must perform monitoring at least quarterly. [(d)(6)(iii)]
Within 5 working days after completion of the exposure assessment, the employer is required to notify each employee in writing of the results which represent that employee's exposure. [(d)(8)(i)] In addition, whenever the results indicate exposure at or above the PEL, the employer shall include in the written notice a statement that the employee's exposure was at or above that level and a description of the corrective action taken or to be taken to reduce exposure to below that level. [(d)(8)(ii)]
OSHA is aware that in many instances in the construction industry the exposure assessment required under this interim standard will not be completed until after lead operations have begun or even ended. The need for interim protective measures, including provision of respirators, protective clothing and equipment, hygiene facilities, training, and biological monitoring, is presumed for three groups of lead-related tasks/operations (high exposure or "trigger tasks"). [(d)(5)]
The list of high exposure lead-related tasks/operations that have been developed by OSHA are based on available exposure data provided by a firm contracted to perform an assessment of lead exposure levels encountered in the construction industry, and on recommendations of both the Society for Occupational and Environmental Health (SOEH) and the Lead Workgroup of the Department of Labor Advisory Committee on Construction Safety and Health (ACCSH). The tasks are grouped by the presumed degree of overexposure to lead and, therefore, are differentiated by the type of respirator to be provided. One group of tasks/operations presumes employee exposures above the PEL, but not so high as to require the employer to provide the employee with more than the least protective, allowable respirator (e.g., a respirator with a protection factor of 10). [(d)(2)(i)] The second task group presumes employee exposure above 500 ug/m(3) and requires the employer to provide the employee with a respirator with a protection factor of at least 25. [(d)(2)(iii)] The third task group presumes very high exposures to lead (in excess of 2500 ug/m(3)) and, therefore, requires the employer to provide the employee with a respirator permitted by the standard for use during that exposure condition (e.g., a respirator with a protection factor above 50). [(d)(2)(iv)]
The tasks identified as requiring interim worker protection are:
Group 1: manual scraping and sanding manual demolition of structures heat-gun applications power tool with dust collection systems spray painting with lead-based paint Group 2: lead burning using lead-containing mortar power tool cleaning without dust collection systems rivet busting cleanup activities where dry expendable abrasives are used movement and removal of abrasive blasting enclosures Group 3: abrasive blasting welding, cutting and burning on steel structures
(e) Methods of Compliance
The interim final standard requires employers to institute engineering and work practice controls to the extent feasible to reduce exposures to or below the PEL. OSHA thus continues to maintain its preference for engineering and work practice controls. [(e)(2)]
The standard has a requirement for the development and implementation of a written compliance plan prior to the commencement of the job where employee exposure to lead, without respect to respiratory protection, will be in excess of the PEL [(e)(2)(i)] These written plans must be furnished upon request for examination and copying to affected employees and their designated representatives and to representatives of the Assistant Secretary and the Director. [(e)(2)(iv)] The plans must be reviewed and updated periodically at least every 6 months. [(e)(2)(v)]
When administrative controls are used to lower employee exposure, a rotation schedule is to be kept and followed and made a part of the written compliance plan. [(e)(4)]
(f) Respiratory Protection
The interim final standard requires that respirators be used whenever the concentration of lead is at or above the PEL, in work situations where engineering and work practice controls are not sufficient to reduce exposures to or below the PEL, or whenever an employee requests a respirator. Also, as stated under paragraph (d) above, respirators must be used when performing certain listed high exposure or "trigger tasks" prior to the completion of the initial assessment. [(f)(1)(i)-(iv)]
OSHA has required employers to provide powered, air purifying (positive pressure) respirators (PAPR) to employees who request one, so long as they will provide adequate protection against the hazard for which a respirator is worn. [(f)(2)(ii)] This requirement is intended as an incentive to employee respirator use by minimizing the discomfort associated with long-term negative pressure respirators.
Respirators must be provided at no cost to the employee. [(f)(1)] Selection of respirators must be from Table l of the interim final standard; however, the employer may always select a respirator providing greater protection than is required by the standard. [(f)(2)(i)] All respirators must be approved by MSHA or NIOSH. [(f)(2)(iii)]
The employer is also required to assure that the respirator facepieces fit properly and exhibit minimum facepiece leakage. [(f)(3)(i)] Employers are required to perform either quantitative or qualitative face fit tests at the time of initial fitting and at least every six months thereafter for each employee wearing negative pressure respirators. The qualitative fit tests may be used only for testing the fit of half-mask respirators where they are permitted to be worn, and must be conducted in accordance with Appendix D. [(f)(3)(ii)]
(g) Protective Clothing and Equipment
The employer is required to provide, at no cost to employees, protective clothing and equipment that are appropriate for the hazard. Such clothing and equipment is necessary in order to protect employees from lead compounds which may cause skin or eye irritation (e.g., lead arsenate, lead azide). For employees who are exposed to lead above the PEL, employer-provided clothing assures that clothing, shoes, and equipment on which lead dust can accumulate during the work shift are not worn home. Protective clothing and equipment must also be provided to employees performing high exposure "trigger tasks" during initial exposure assessment. [(g)(2)]
Clean work clothing is required to be provided at least weekly to employees whose exposure levels are above the PEL and daily when exposure is above 200 ug/m(3) as an 8-hour TWA. [(g)(2)(i)] The employer is required to provide for the cleaning, laundering, or disposal of protective clothing and equipment and must repair or replace required protective clothing and equipment as needed to maintain effectiveness. [(g)(2)(ii)-(iii)] The employer must assure that all protective clothing is removed at the completion of a work shift. [(g)(2)(iv)]
OSHA's view is that as rigorous a housekeeping program as practicable is necessary in many jobs to keep airborne lead levels below permissible limits. This requires a regular housekeeping schedule adapted to exposure conditions at a particular site. [(h)(1)] Vacuuming is considered to be the most reliable method of cleaning surfaces on which dust accumulates, but equally effective methods may be used, such as wet floor scrubbers, for example. [(h)(2)] Where vacuuming methods are selected, the vacuums must be equipped with HEPA filters. [(h)(4)] Blowing with compressed air is generally prohibited as a cleaning method. [(h)(5)]
(i) Hygiene Facilities
The employer must provide adequate shower facilities, if feasible; clean areas for changing clothes; and eating areas for employees who have exposure above the PEL. [(i)(2)-(4)] Change areas must be provided for employees performing high exposure "trigger tasks" during initial exposure assessment. [(i)(2)] Handwashing facilities are to be provided for all employees occupationally exposed to lead in accordance with 29 CFR 1926.51(f). [(i)(5)(i)]
Employers must assure that employees use the facilities as required by the standard as well as observe prohibitions on the use of tobacco, food, and cosmetics in contaminated areas. Separate storage facilities in change areas for street and work clothing, to prevent cross-contamination between the two, must be provided. [(i)(2)(ii)] Employers must assure that employees exposed to lead during their work shift shower before leaving the workplace, where showers are provided, and do not leave wearing protective work clothing or equipment. [(i)(3)(ii); (i)(2)(iii)]
(j) Medical Surveillance
The medical surveillance provisions are part of this standard's comprehensive approach to prevention of lead-related disease. Its purpose is to supplement the standard's primary mechanisms of disease prevention, the elimination or reduction of airborne concentrations of lead and sources of ingestion, by facilitating the early detection of medical effects associated with exposure to lead.
All medical examinations and procedures are to be performed by or under the supervision of a licensed physician and are to be provided without cost to employees at a reasonable time and place. [(j)(1)(iii)-(iv)]
The medical surveillance provisions contemplate two phases of medical surveillance; one is initial medical surveillance, the other is a medical surveillance program. [(j)(1)(i)-(ii)] Initial medical surveillance consists of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels. It is required to be provided to employees occupationally exposed to airborne concentrations of lead on any one day at or above the action level as well as to employees performing high exposure "trigger tasks" during initial exposure assessment. [(j)(1)(i); (d)(2)(v)]
If an employee's airborne lead exposure is at or above the action level for more than 30 days a year, the employer shall provide a medical surveillance program to the employee consisting of routine monitoring of an employee's blood lead and ZPP levels. [(j)(2)(ii)] If a routine and follow-up blood test for blood lead exceed the removal criteria of 50 ug/dl, then the employee must be removed from exposure to airborne lead that exceeds the action level. [(k)(1)(i)] Employees must be notified by the employer in writing of their blood lead levels within five working days after the receipt of biological monitoring results. [(j)(2)(iv)]
The employer's obligation to provide a full medical surveillance program to an employee, including annual medical exams, is triggered by a determination that the employee's blood lead level exceeds 40 ug/dl if the employee's airborne exposure is or may be at or above the action level for more than 30 days a year.
The required examination includes a work history and medical history; a physical examination; blood pressure measurement; determinations of blood lead level (PbB), hematocrit, hemoglobin, peripheral smear morphology and red cell indices; levels of zinc protoporphyrin (ZPP), routine urinalysis (specific gravity, sugar, protein determinations, and microscopic examination), blood urea nitrogen (BUN), and serum creatinine (S-Creat). [(j)(3)(ii)(A)-(E)]
Medical consultations are required to be provided upon notification by an employee (1) that the employee has developed symptoms commonly associated with lead-related disease, (2) that the employee desires advice concerning the effects of lead on reproductive capacity, or is pregnant, and (3) that the employee has demonstrated difficulty in breathing during fit testing or use of a respirator. [(j)(3)(i)(B)] The content and frequency of these examinations is to be at the discretion of the physician. Upon request of an employee, a pregnancy test or male fertility test must be provided. [(j)(3)(ii)]
The medical surveillance provisions of the final standard contain a multiple physician review mechanism which gives workers an opportunity to obtain a second and possibly third opinion regarding the medical determinations made pursuant to the standard. An employee may designate a second physician to review any findings, determinations or recommendations of an initial physician chosen by the employer. [(j)(3)(iii)(A)] Efforts are to be made to resolve any disagreement which may arise between the two physicians. [(j)(3)(iii)(C)] Should they be unable to agree, a third physician they jointly select will resolve the disagreement. [(j)(3)(iii)(D)] It is expected that the third physician will consult with the two prior physicians, and upon request, the employer must supply the same information to the third physician given to the initial physicians. [(j)(3)(iii)(D)(i); (j)(iv)]
OSHA's reasons for the provision of this review process are twofold: first, to broaden and strengthen the basis for medical determinations in situations where a worker questions the results of the initial examination or consultation provided by the employer; and second, to assure employee confidence in the soundness of medical determinations made pursuant to the standard. Employers must bear the expense of the multiple physician review mechanism where it is used. The standard contains no more limitation upon an employee's choice of a second physician than it places on an employer's choice of the initial physician.
The interim final standard prohibits prophylactic chelation of any employee because chelation can be a potentially harmful treatment. [(j)(4)(i)]
(k) Medical Removal Protection
The employer is required to remove an employee from work having an exposure to lead at or above the action level on each occasion that a periodic and a follow-up blood sampling test indicate that the employee's blood lead level is at or above 50 ug/dl. [(k)(1)(i)] The employer must also remove an employee from work having an exposure to lead at or above the action level on each occasion that a final medical determination results in a medical finding, determination, or opinion that the employee has a detected medical condition which places the employee at increased risk of material impairment to health from exposure to lead.
For an employee removed from exposure to lead at or above the action level due to a blood lead level at or above 50 ug/dl the employer may return that employee to former job status when two consecutive blood sampling tests indicate that the employee's blood level is at or below 40 ug/dl. [(k)(1)(iii)(A)(1)] For an employee removed from exposure to lead due to a final medical determination, the employee must be returned when a subsequent final medical determination results in a medical finding, determination, or opinion that the employee no longer has a detected medical condition which places the employee at increased risk of material impairment of health from exposure to lead. [(k)(1)(iii)(A)(2)]
The requirement that an employer return an employee to his or her former job status is not intended to expand upon or restrict any rights an employee has or would have had, absent temporary medical removal, to a specific job classification or position under the terms of a collective bargaining agreement. [(k)(1)(iii)(B)]
If a removed employee files a claim for workers' compensation payments for a lead-related disability, then the employer must continue to provide medical removal protection benefits pending disposition of the claim. [(k)(2)(iv)]
Where an employer, although not required by this section to do so, removes an employee from exposure to lead or otherwise places limitations on an employee due to the effects of lead exposure on the employee's medical condition, the employee is entitled to full medical removal protection benefits. [(k)(2)(vi)]
Medical removal protection benefits continue for up to eighteen (18) months or as long as the job the employee was removed from continues, whichever comes first. [(k)(2)(i)-(ii)]
(l) Employee Information and Training
The interim final standard requires the employer to provide an information and training program for all employees exposed to lead at or above the action level or are subject to exposure to lead compounds which may cause skin or eye irritation (e.g. lead arsenate, lead oxide). [(l)(i)(ii)] The employee must be apprised of the specific hazards associated with his work environment, protective measures which can be taken, and his rights under the standard. [(l)(2)]
Training must include the following:
The employer is required to make available to all affected employees a copy of this standard and its appendices. [(l)(3)]
Sign posting, as well as periodic training, is needed to adequately inform employees of the presence of high levels of lead and the possible need to utilize respirators and other protective equipment. Signs are to be illuminated and cleaned as necessary. [(m)(2)(ii)]
Phrases to be placed on the sign include "Warning", "Lead Work Area", "Poison" and "No Smoking or Eating." [(m)(2)(i)]
The interim final standard requires records of all exposure monitoring, and other data used in conducting the employee exposure assessment, including objective data, to be established and maintained. [(n)(1); (n)(4)] The records must include the name and job classification of employees monitored, details of the sampling and analytic techniques, results, and type of respiratory protection worn. [(n)(1)(ii)] These records must be kept for 30 years. [(n)(1)(iii); (n)(4)(ii)]
The standard also requires employers to establish and maintain records of medical surveillance (biological monitoring and medical examination results). [(n)(2)(i)] These records must include the names of employees, the physician's written opinion, exposure data provided to the physician and any employee medical complaints associated with lead exposure. [(n)(2)(ii)] In addition, the employer is required to keep, or must assure that the examining physician keeps, a record of the results of medical examinations, a description of laboratory procedures and a copy of the results of biological monitoring. [(n)(2)(iii)] These records must be kept for at least the duration of employment plus 30 years, except that medical records of employees who have worked for less than one (1) year for the employer need not be retained beyond the term of employment if they are provided to the employee upon termination of employment. [(n)(2)(iv)]
The employer must establish and maintain an accurate record for each employee removed from current exposure to lead. The record is to contain four entries each time an employee is removed: the employee's name and social security number; the dates of removal and return; a brief explanation of how each removal was or is being accomplished; and whether or not the reason for the removal was an elevated blood lead level. [(n)(3)(i)-(ii)] Medical removal records are to be maintained for at least the duration of employment. [(n)(3)(iii)]
Records are to be transferred to a successor employer whenever the employer ceases to do business. [(n)(6)(i)]
(o) Observation of Monitoring
The interim final standard requires that employers provide employees or their representatives with the opportunity to observe monitoring of employee exposures to lead. [(o)(1)] Observers are entitled to an explanation of the measurement procedure, to observe all steps related to the measurement procedure, and to record the results obtained. [(o)(2)(ii)]
(p) Effective Date
The effective date of the interim final standard is June 3, 1993.
The appendices are intended to be purely informational and, unless otherwise expressly stated in this section, are not intended to create any additional obligations. Appendix D provides mandatory procedures for fit testing of respirators.
(r) Startup Dates
All requirements of the interim final rule, except for engineering controls specified in paragraph (e)(1) of the standard, must be complied with as soon as possible, but no later than 60 days from the effective date of this section (by August 2, 1993). [(r)(2)] Feasible engineering controls specified under paragraph (e)(1) shall also be implemented as soon as possible, but no later than 120 days from the effective date of this section (by October 1, 1993). [(r)(2)]
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