California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4 - Division of Industrial Safety › Subchapter 4 - Construction Safety Orders › Article 4 - Dusts, Fumes, Mists, Vapors, and Gases › Appendix B to Section 1532.1 - Employee Standard Summary

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This appendix summarizes key provisions of the standard
						for lead in construction that you as an employee should become familiar
						with.
I. Permissible Exposure Limit (PEL) -- subsection
						(c)
The standard sets a permissible exposure limit (PEL) of
						10 micrograms of lead per cubic meter of air (10
						µg/m3), calculated as an 8-hour time-weighted
						average (TWA). Your lead exposure over your entire workday, when calculated as
						an 8-hour TWA, cannot be higher than the PEL. However, since the PEL is an
						8-hour TWA, short exposures above the PEL are permitted so long as for each
						work-day your average exposure does not exceed the PEL.
The standard contains an exception to the PEL described
						above for employees who conduct abrasive blasting. Until January 1, 2030,
						employees conducting abrasive blasting must not be exposed to airborne lead at
						a concentration greater than 25 µg/m3,
						calculated as an 8-hour TWA.
II. Exposure Assessment -- subsection (d)
If lead is present in your workplace in any quantity,
						your employer is required to make an initial determination of whether any
						employee's exposure to lead exceeds the action level (2
						µg/m3 calculated as an 8-hour TWA). Employee
						exposure, as defined here, is that exposure which would occur if the employee
						were not using a respirator. This initial determination requires your employer
						to monitor employees' exposures unless they have objective data which can
						demonstrate conclusively that no employee will be exposed to lead in excess of
						the action level. Where objective data is used in lieu of actual monitoring,
						the employer must establish and maintain an accurate record, documenting its
						relevancy in assessing exposure levels for current job conditions. If such
						objective data is available, the employer need proceed no further on employee
						exposure assessment until such time that conditions have changed and the
						determination is no longer valid.
Objective data for surfaces and materials that is less
						than 0.06% lead dry weight (600 ppm) is indicative of materials that will not
						give lead concentrations above the action level. For this objective data to be
						used, lead analysis must be performed for each unique surface coating or
						material. Surface coating or material objective data cannot be used to replace
						air monitoring for exposure assessments required for the trigger tasks listed
						in subsection (d)(2). Objective data may be compiled from various sources,
						e.g., insurance companies and trade associations and information from suppliers
						or exposure data collected from similar operations. Objective data may also
						comprise previously-collected sampling data including area monitoring.
If it cannot be determined through using objective data
						that employee exposure is less than the action level, your employer must
						conduct monitoring or must rely on relevant previous personal sampling, if
						available. Where monitoring is required for the initial determination, it may
						be limited to a representative number of employees who are reasonably expected
						to have the highest exposure levels. If your employer has conducted appropriate
						air sampling for lead in the past 12 months, they may use these results,
						provided they are applicable to the same employee tasks and exposure conditions
						and meet the requirements for accuracy as specified in the standard. As with
						objective data, if such results are relied upon for the initial determination,
						your employer must establish and maintain a record as to the relevancy of such
						data to current job conditions.
If there have been any employee complaints of symptoms
						which may be attributable to exposure to lead or if there is any other
						information or observations which would indicate employee exposure to lead,
						this must also be considered as part of the initial determination.
If this initial determination shows that a reasonable
						possibility exists that any employee may be exposed, without regard to
						respirators, over the action level, your employer must set up an air monitoring
						program to determine the exposure level representative of each employee exposed
						to lead at your workplace. In carrying out this air monitoring program, your
						employer is not required to monitor the exposure of every employee, but must
						monitor a representative number of employees and job types. Enough sampling
						must be done to enable each employee's exposure level to be reasonably
						represented by at least one full-shift air sample. In addition, these air
						samples must be taken under conditions which represent each employee's regular,
						daily exposure to lead. Sampling performed in the past 12 months may be used to
						determine exposures above the action level if such sampling was conducted
						during work activities essentially similar to present work conditions.
The standard lists certain tasks which may likely result
						in exposures to lead in excess of the PEL and, in some cases, exposures in
						excess of 50 times the PEL. These tasks are known as trigger tasks, and are
						described in subsection (d)(2) of the lead standard. There are level 1, level 2
						and level 3 trigger tasks. Performing level 3 trigger tasks is presumed to
						result in the highest exposures to lead. Level 1 trigger tasks include manual
						demolition of structures, such as dry wall, manual scraping, and heat gun
						applications where lead-containing coatings or paint are present. Level 2
						trigger tasks include, where lead is present, manual sanding, power tool
						cleaning, grinding, or sanding with dust collection systems, and spray painting
						with lead paint. Level 3 trigger tasks include using lead-containing mortar or
						lead burning, and where lead is present, rivet busting, power tool cleaning,
						grinding or sanding without dust collection systems, cleanup activities where
						dry expendable abrasives are used, abrasive blasting enclosure movement and
						removal, abrasive blasting, welding, torch cutting, and torch burning.
If you are performing any of these tasks, or if your
						employer has any reason to believe that you may be exposed to lead over the
						PEL, your employer must provide you, as interim protection, with appropriate
						respiratory protection, protective clothing and equipment, change areas, hand
						washing, shower facilities (for level 3 trigger tasks), eating areas, regulated
						areas, medical surveillance, and training until such time that an exposure
						assessment is conducted which demonstrates that your exposure level is below
						the PEL. Some of these protections (medical surveillance and training) are
						required even if your exposure is determined, by air monitoring, to be below
						the PEL. These protections are required if your exposure is determined, by air
						monitoring, to be at or above the action level (2
						µg/m3 as an 8-hour TWA). In addition, the
						standard requires that washing facilities be provided, and used, whenever you
						are exposed to lead. Objective data cannot be used to replace air monitoring
						for this exposure assessment. In addition, until an exposure assessment is
						done, the amount of time you can conduct dry abrasive blasting is limited to 5
						hours per day, except that after January 1, 2030, you may only conduct dry
						abrasive blasting for 2 hours per day, until an exposure assessment is
						done.
If you are exposed to lead and air sampling is performed,
						your employer is required to notify you in writing within 5 working days of the
						air monitoring results which represent your exposure. If the results indicate
						that your exposure exceeds the PEL (without regard to your use of a
						respirator), then your employer must also notify you of this in writing, and
						provide you with a description of the corrective action that has been taken or
						will be taken to reduce your exposure.
Your exposure must be rechecked by monitoring, at least
						every 12 months if your exposure is at or above the action level (2
						µg/m3 as an 8-hour TWA) but below 30
						µg/m3 as an 8-hour TWA. Your employer may
						discontinue monitoring for you if two consecutive measurements, taken at least
						7 days apart, are below the action level. Air monitoring must be repeated every
						6 months if you are exposed at or above 30
						µg/m3 as an 8-hour TWA but at or below 50
						µg/m3 as an 8-hour TWA. Your employer must
						continue monitoring for you every 6 months until two consecutive measurements,
						taken at least 7 days apart, are below 30
						µg/m3 as an 8-hour TWA. Air monitoring must be
						repeated every 3 months if you are exposed above 50
						µg/m3 as an 8-hour TWA. Your employer must
						continue monitoring for you every 3 months until two consecutive measurements,
						taken at least 7 days apart, are at or below 50
						µg/m3 as an 8-hour TWA.
However, whenever there is a change of equipment,
						process, control, or personnel or a new type of job is added at your workplace
						which may result in new or additional exposure to lead, your employer must
						perform additional monitoring.
III. Methods of Compliance -- subsection (e)
Your employer is required to ensure that no employee is
						exposed to lead in excess of the PEL. The standard for lead in construction
						requires employers to institute engineering and work practice controls,
						including administrative controls, to the extent feasible to reduce employee
						exposure to lead. Where such controls are feasible but not adequate to reduce
						exposures below the PEL, they must be used nonetheless to reduce exposures to
						the lowest level that can be accomplished by these means, and then supplemented
						with appropriate respiratory protection.
Your employer is required to develop and implement a
						written compliance program prior to the commencement of any job where employee
						exposures may exceed the PEL. The standard identifies the various elements that
						must be included in the program. For example, employers are required to include
						a description of operations in which lead is emitted, detailing other relevant
						information about the operation such as the type of equipment used, the type of
						material involved, crew size, employee job responsibilities, operating
						procedures and maintenance practices. In addition, your employer's compliance
						program must specify the means that will be used to achieve compliance and,
						where engineering controls are required, include any engineering plans or
						studies that have been used to select the control methods. If engineering and
						work practice controls were considered but not put in place, the program must
						include a report that shows how they were demonstrated not to be feasible.
						Also, if administrative controls involving job rotation are used to reduce
						employee exposure to lead, the job rotation schedule must be included in the
						compliance program. The program must also detail the type of protective
						clothing and equipment, including respirators, housekeeping and hygiene
						practices that will be used to protect you from the harmful effects of exposure
						to lead. Finally, on sites with more than one contractor, the program must
						describe arrangements made among contractors to inform affected employees of
						potential exposure to lead and of regulated areas.
The written compliance program must be made available,
						upon request, to affected employees and their designated representatives, the
						Cal/OSHA Chief, and the National Institute for Occupational Safety and Health
						(NIOSH). The program must be reviewed and updated at least every 6 months to
						ensure it reflects the current status in exposure control.
IV. Respiratory Protection -- subsection (f)
Your employer is required to provide and ensure your use
						of respirators when your exposure to lead is not controlled below the PEL by
						other means, and as interim protection if you perform trigger tasks and an
						exposure assessment has not been completed. The employer must pay the cost of
						the respirator. Whenever you request one, your employer is also required to
						provide you a respirator even if your airborne exposure level is not above the
						PEL. You might want a respirator when, for example, you have received medical
						advice that your lead absorption should be decreased. Or, you may intend to
						have children in the near future, and want to reduce the level of lead in your
						body to minimize harmful reproductive effects. While respirators are the least
						satisfactory means of controlling your exposure, they are capable of providing
						significant protection if properly chosen, fitted, worn, cleaned, maintained,
						and replaced when they stop providing adequate protection.
Your employer is required to select respirators as
						specified in the Respiratory Protection standard, in section
						5144(d)(3)(A)1. If
						your employer selects filtering facepiece respirators for protection against
						lead, they shall be N100, R100, or P100. Any respirator chosen must be approved
						by NIOSH under the provisions of 42 CFR part 84 . The respirator selection
						table in section
						5144 will enable your employer to
						choose a type of respirator which will give you a proper amount of protection
						based on your airborne lead exposure. Your employer may select a type of
						respirator that provides greater protection than that required by the standard;
						that is, one recommended for a higher concentration of lead than is present in
						your workplace.
An air-purifying respirator works by removing particles,
						gases, or vapors from the air you breathe, if the correct type of filter,
						cartridge, or canister is used with the facepiece. The typical air-purifying
						respirator is a negative pressure respirator because it requires the force of
						your inhalation to draw air through the purifying element. A powered
						air-purifying respirator (PAPR) is much more protective than a typical negative
						pressure respirator, and may also be more comfortable to wear. A PAPR has a
						filter, cartridge, or canister to clean the air, and a power source which
						continuously blows filtered air into your breathing zone. A PAPR may ease the
						burden of having to wear a negative pressure air-purifying respirator for long
						periods of time. The standard requires that your employer must provide you with
						a PAPR upon request. Your employer also must provide high-efficiency
						particulate air (HEPA) filters for PAPRs and N100, R100, or P100 filters for
						non-powered air-purifying respirators. In addition, if you are exposed to lead
						aerosols that cause eye or skin irritation at the use concentrations, your
						employer must provide you with a full facepiece respirator instead of a half
						mask respirator.
A supplied-air respirator (SAR) can also be more
						protective than a typical negative pressure respirator. A SAR is supplied with
						breathing-quality air from a source such as an air compressor or compressed air
						cylinder. Three types of supplied-air respirators are demand, pressure-demand,
						and continuous flow. The demand-type provides protection equivalent to that of
						a non-powered negative pressure air-purifying respirator of the same facepiece
						type. Greater protection is provided by either the pressure-demand or
						continuous-flow types because positive air pressure exists within the
						respirator at all times.
Your employer must implement a respiratory protection
						program in accordance with section
						5144. This program must include
						written procedures for proper respirator selection, medical evaluations, fit
						testing, use, cleaning, storage, and maintenance of respirators, and training,
						as well as procedures to ensure adequate air quality, quantity, and flow for
						supplied-air respirators.
Your employer must ensure that your respirator facepiece
						fits properly. Proper fit of a respirator facepiece is critical. Obtaining a
						proper fit on each employee may require your employer to make available two or
						three different mask types, in various sizes. In order to ensure that your
						respirator fits properly and that facepiece leakage is minimized, your employer
						must give you either a qualitative fit test or a quantitative fit test as
						specified in Appendix A of the Respiratory Protection standard, section
						5144.
You must also receive from your employer proper training
						in the use of respirators. Your employer is required to teach you how to wear a
						respirator, to know why it is needed, and to understand its limitations.
The standard provides that if your respirator uses filter
						elements, you must be given an opportunity to change the filter elements
						whenever an increase in breathing resistance is detected. You also must be
						permitted to periodically leave your work area to wash your face and respirator
						facepiece whenever necessary to prevent skin irritation. Before you begin using
						a respirator, and again if you ever have difficulty in breathing during a fit
						test or while using a respirator, your employer must make a medical evaluation
						available to you to determine whether you can safely wear a respirator. The
						result of this examination may be to give you a positive pressure respirator
						(which reduces breathing resistance) or to provide alternative means of
						protection.
V. Protective Work Clothing and Equipment -- subsection
						(g)
If you are exposed to lead above the PEL, without regard
						to your use of a respirator, perform trigger tasks and an exposure assessment
						has not been completed, or if you are exposed to lead compounds such as lead
						arsenate or lead azide which can cause skin and eye irritation, your employer
						must provide you with protective work clothing and equipment appropriate for
						the hazard. If work clothing is provided, it must be provided in a clean and
						dry condition at least weekly, and daily if your airborne exposure to lead is
						greater than 30 µg/m3. Appropriate protective
						work clothing and equipment includes, but is not limited to, coveralls or
						similar full-body work clothing, hats or other head coverings, shoes or
						disposable shoe coverlets, and where needed, gloves, face shields or vented
						goggles, or other protective equipment. Your employer is required to provide
						all such equipment at no cost to you. In addition, your employer is responsible
						for providing repairs and replacement as necessary, and also is responsible for
						the cleaning, laundering or disposal of protective clothing and
						equipment.
The standard requires that your employer ensure that you
						follow good work practices when you are working in areas where your exposure to
						lead may exceed the PEL without regard to your use of a respirator. With
						respect to protective clothing and equipment, where appropriate, the following
						procedures should be observed prior to beginning work:
1. Change into work clothing and shoe covers in the clean
						section of the designated changing areas;
2. Put on work garments and appropriate protective gear,
						including respirators, before entering the work area; and
3. Store any clothing not worn under protective clothing
						in the designated changing area.
Employees should follow these procedures upon leaving the
						work area:
1. HEPA vacuum heavily contaminated protective work
						clothing while it is still being worn. At no time may lead be removed from
						protective clothing by any means which result in uncontrolled dispersal of lead
						into the air;
2. Remove shoe covers and leave them in the work
						area;
3. Remove protective clothing and gear in the dirty area
						of the designated changing area. Remove protective coveralls by carefully
						rolling down the garment to reduce exposure to dust.
4. Remove respirators last; and
5. Wash hands, exposed arms and face.
Employees should follow these procedures upon finishing
						work for the day (in addition to procedures described above):
1. Where applicable, place disposal coveralls, and shoe
						covers with the abatement waste;
2. Contaminated clothing which is to be cleaned,
						laundered or disposed of must be placed in closed containers in the change
						room.
3. Clean protective gear, including respirators,
						according to standard procedures;
4. Wash hands, exposed arms and face again. If showers
						are available, take a shower and wash hair. If shower facilities are not
						available at the work site, shower immediately at home and wash hair.
VI. Housekeeping -- subsection (h)
Your employer must establish a housekeeping program
						sufficient to maintain all surfaces as free as practicable of accumulations of
						lead dust. HEPA vacuuming is the preferred method of meeting this requirement,
						and the use of compressed air to clean floors and other surfaces is generally
						prohibited unless removal with compressed air is done in conjunction with
						ventilation systems designed to contain dispersal of the lead dust. Dry or wet
						sweeping, shoveling, or brushing may not be used except where vacuuming or
						other equally effective methods have been tried and do not work. Vacuums must
						be used equipped with a special filter called a HEPA filter and be used and
						emptied in a manner which minimizes the reentry of lead into the
						workplace.
VII. Hygiene Facilities, Practices and Regulated Areas --
						subsection (i)
The standard requires that washing facilities be provided
						and used where occupational exposure to lead occurs. In addition, change areas
						and lunchrooms or eating areas are to be made available to employees exposed to
						lead above the PEL without regard to the use of respirators, and as interim
						protection to employees performing trigger tasks. Also, showers must be
						provided for employees exposed above 50 µg/m3
						and as interim protection for employees who perform level 3 trigger tasks.
						There is an exception to this latter requirement when an employer can
						demonstrate that shower facilities are not feasible. Where shower facilities
						are required, employees must shower at the end of their work shift.
Your employer must ensure that food and beverage is not
						present or consumed, tobacco products are not present or used, and cosmetics
						are not applied, where employees are exposed to lead.
Clean change areas must be provided by your employer
						where employees are exposed to lead above the PEL without regard to the use of
						respirators, and as interim protection for employees performing trigger tasks.
						The change area must be equipped with separate storage facilities for your
						protective clothing and equipment, and your street clothes to avoid
						cross-contamination. It is important that contaminated clothing or equipment be
						removed in change areas and not be brought home or into personal vehicles.
						Bringing lead contamination home prolongs your exposure to lead and exposes
						your family, as lead can accumulate in your car, house, etc. Where showers are
						required to be provided, employees must shower at the end of their
						shift.
Lunchrooms or eating areas may not be entered with
						protective clothing or equipment unless surface dust has been removed by HEPA
						vacuuming, downdraft booth, or other cleaning method. Employees exposed to lead
						must wash their hands, exposed arms, and faces prior to entering an eating
						area, eating, drinking, smoking, or applying cosmetics, and at the end of their
						shift.
Employers must establish regulated areas, where access is
						controlled by the supervisor, for work areas where employees are exposed to
						lead above the PEL without regard to the use of respirators, and as interim
						protection where employees are performing trigger tasks, as required by
						subsection (d)(2) of the lead standard. Employers must post signs in the
						regulated area and ensure that any employee that enters the regulated area is
						provided with protective work clothing and equipment.
All of the hygiene facilities, practices, and regulated
						areas described above are essential to minimize additional sources of lead
						absorption from inhalation or ingestion of lead that may accumulate on you,
						your clothes, or your possessions. Strict compliance with these provisions can
						virtually eliminate several sources of lead exposure which significantly
						contribute to excessive lead absorption.
VIII. Medical Surveillance -- subsection (j)
The medical surveillance program is part of the
						standard's comprehensive approach to the prevention of lead-related disease.
						Its purpose is to supplement the main thrust of the standard which is aimed at
						minimizing airborne concentrations of lead and sources of ingestion. Only
						medical surveillance can determine if the other provisions of the standard have
						effectively protected you as an individual. Compliance with the standard's
						provisions will protect most employees from the harmful effects of lead
						exposure, but may not be satisfactory to protect individual employees (1) who
						have high body burdens of lead acquired over past years, (2) who have
						additional uncontrolled sources of non-occupational lead exposure, (3) who
						absorb lead at an unusually high rate, or (4) who have specific non-work
						related health-related conditions which could be aggravated by lead exposure
						(e.g., kidney disease, anemia). In addition, control systems may fail, or
						hygiene and respirator programs may be inadequate. Periodic medical
						surveillance of individual employees will help detect those failures. Medical
						surveillance is also important to protect your reproductive health, regardless
						of your gender.
All medical surveillance required by the standard must be
						performed by a physician or other licensed health care professional (PLHCP).
						The employer must provide required medical surveillance without cost to
						employees and at a reasonable time and place. The standard's medical
						surveillance program has two parts -- blood lead testing and medical
						examinations.
A. Blood Lead Testing
Initial blood lead testing must be provided to all
						employees prior to assignment to work where exposure to lead is or is likely to
						be at or above the action level. There are three exceptions to this
						requirement. The first exception is if you are not, and are not reasonably
						expected to be, exposed to lead at or above the action level for 30 or more
						days in any 12 consecutive months, and are not exposed on any day above 10
						µg/m3 as an 8-hour TWA, without regard to
						respirator use, then initial blood lead testing is not required to be provided.
						The second exception is if you are not, and are not reasonably expected to be,
						exposed to lead at or above the action level for 15 or more days in any 12
						consecutive months, and are not exposed on any day above 20
						µg/m3 as an 8-hour TWA, without regard to
						respirator use, then initial blood lead testing is not required to be provided.
						The third exception is if you had a blood lead test in the preceding two
						months, then initial blood lead testing is not required to be provided.
Initial blood testing must also be provided to all
						employees as interim protection, prior to performing trigger tasks, unless a
						negative initial determination has been made that no employee is exposed to
						airborne concentrations of lead at or above the action level. Blood lead test
						results show your blood lead level (BLL). BLL means the concentration of lead
						measured in whole blood, expressed as micrograms per deciliter
						(µg/dl).
After the initial blood lead testing, additional blood
						lead testing must be made available to you. There are three exceptions to this
						requirement. The first exception is if you are not exposed to lead at or above
						the action level for 30 or more days in any 12 consecutive months, and your
						exposure is not on any day above 10 µg/m3 as
						an 8-hour TWA, without regard to respirator use, then additional blood lead
						testing is not required to be provided. The second exception is if you are not
						exposed to lead at or above the action level for 15 or more days in any 12
						consecutive months, and your exposure is not on any day above 20
						µg/m3 as an 8-hour TWA, without regard to
						respirator use, then additional blood lead testing is not required to be
						provided. The third exception is if you only perform level 1 trigger tasks, and
						perform these level 1 trigger tasks on less than 10 days in any 12 consecutive
						months, then additional blood lead testing is not required to be provided.
						Also, if your initial BLL is at or above 10 µg/dl, you must be provided
						with additional blood lead testing as described in the next paragraph. There
						are no exceptions to this.
Unless your exposure to lead or work with lead falls
						under one of the exceptions described above, after the initial testing, blood
						lead testing under the standard must be provided on the following schedule: at
						least every 2 months for the first 6 months after initial placement, and also
						for the first 6 months after any change in task resulting in higher exposure,
						and at least every 6 months thereafter. If your last BLL is at or above 10
						µg/dl but is below 20 µg/dl, the testing frequency must be at least
						every 2 months until two consecutive BLLs, taken at least 30 days apart, are
						below 10 µg/dl. Blood lead testing then must be provided as described in
						the schedule given at the start of this paragraph. If your last BLL is at or
						above 20 µg/dl, or you are removed from exposure to lead due to an
						elevated BLL, blood lead testing must be provided to you at least monthly.
						Monthly blood lead tests must also be provided as an interim protection if you
						perform level 3 trigger tasks, including a blood test taken within 3 days after
						discontinuing all level 3 trigger task work. Finally, blood lead tests must be
						provided to you at least monthly if your airborne exposure to lead is above 500
						µg/m3 as an 8-hour TWA, without regard to your
						use of a respirator, including a blood test taken within 3 days after
						discontinuing all work associated with airborne exposure above 500
						µg/m3 as an 8-hour TWA.
Your employer must notify you of your BLL in writing
						within five working days of their receipt of the test results. In addition, the
						PLHCP who orders your blood test will notify you of the results of your blood
						lead test and recommend any follow-up blood testing and/or a medical exam,
						based on your blood test results. The employer must also inform you that the
						standard requires temporary medical removal with economic protection when your
						BLL is at or above 30 µg/dl, or effective January 1, 2026, your last two
						monthly BLLs are at or above 20 µg/dl, or when the average of the results
						of all of your blood lead tests in the last 6 months are at or above 20
						µg/dl (see Medical Removal Protection subsection (k)). If you are
						temporarily removed, then your employer must make successive BLL tests
						available to you on a monthly basis during the period of your medical removal.
						Finally, if you have a BLL at or above 10 µg/dl, your employer must
						establish and implement a written elevated blood lead level response plan
						designed to reduce and maintain your BLL below 10 µg/dl. There is an
						exception to this requirement. A written elevated blood lead level response
						plan is not required when a blood lead level at or above 10 µg/dl is
						detected only in your initial blood lead testing.
B. Medical Examination and
						Consultation
A medical examination and consultation must be made
						available to you if your exposure to lead will be at or above the action level,
						or you will perform trigger tasks and an exposure assessment has not been
						completed. There are three exceptions to this requirement. The first exception
						is if you are not exposed to lead at or above the action level for 30 or more
						days in any 12 consecutive months, and your exposure is not on any day above 10
						µg/m3 as an 8-hour TWA, without regard to
						respirator use, then a medical examination is not required to be provided. The
						second exception is if you are not exposed to lead at or above the action level
						for 15 or more days in any 12 consecutive months, and your exposure is not on
						any day above 20 µg/m3 as an 8-hour TWA,
						without regard to respirator use, then a medical examination is not required to
						be provided. The third exception is if you only perform level 1 trigger tasks,
						and perform these level 1 trigger tasks on less than 10 days in any 12
						consecutive months, then a medical examination is not required to be
						provided.
Unless your exposure to lead or work with lead falls
						under one of the exceptions described above, medical examinations and
						consultation must be made available prior to your assignment to lead work.
						There is an exception to this requirement. A medical examination is not
						required prior to assignment if you had a lead-specific medical examination in
						the preceding two months.
The initial examination will provide information to
						establish a baseline for you to which subsequent data can be compared. Medical
						examinations beyond the initial one must also be made available on an annual
						basis if your BLL is 20 µg/dl or greater at any time during the preceding
						year. Such a medical examination must be made available as soon as possible
						upon receiving a blood lead test result of 20 µg/dl or greater if you
						have not had a lead-specific medical examination in the last 12 months.
In addition, a medical examination or consultation beyond
						the initial one must be made available as soon as possible if you notify your
						employer that you are experiencing signs or symptoms commonly associated with
						lead poisoning or that you have difficulty breathing while wearing a respirator
						or during a respirator fit test. You must also be provided a medical
						examination or consultation beyond the initial one if you notify your employer
						that you desire medical advice concerning the effects of current or past
						exposure to lead on your ability to procreate a healthy child.
Finally, after the initial medical examination or
						consultation is provided, you must be provided with an additional medical
						examination or consultation as soon as possible, and then as medically
						appropriate, when you have been temporarily removed from exposure to lead, or
						your exposure to lead is otherwise limited under the medical removal protection
						provisions of the standard. (See Part IX, below.)
The standard specifies the minimum content of
						pre-assignment and annual medical examinations. The content of other types of
						medical examinations and consultations is left up to the sound discretion of
						the examining PLHCP. Pre-assignment and annual medical examinations must
						include (1) a detailed work history and medical history; (2) a thorough
						physical examination, including an evaluation of your pulmonary status if you
						will be using a respirator; (3) a blood pressure measurement; (4) a series of
						laboratory tests designed to check your blood chemistry and your kidney
						function; and (5) a zinc protoporphyrin (ZPP) test if your last blood lead
						level was at or above 20 µg/dl. In addition, at any time upon your
						request, a laboratory evaluation of male fertility will be made (microscopic
						examination of a sperm sample), or a pregnancy test will be given.
The standard does not require that you participate in any
						of the medical procedures, tests, etc. which your employer is required to make
						available to you. Medical surveillance can, however, play a very important role
						in protecting your health. You are strongly encouraged, therefore, to
						participate in a meaningful fashion. The standard contains a multiple PLHCP
						review mechanism which will give you a chance to have a PLHCP of your choice
						directly participate in the medical surveillance program. If you are
						dissatisfied with an examination by a PLHCP chosen by your employer, you can
						select a second PLHCP to conduct an independent analysis. The two doctors would
						attempt to resolve any differences of opinion, and select a third PLHCP to
						resolve any firm dispute. Generally, your employer will choose the PLHCP who
						conducts medical surveillance under the lead standard -- unless you and your
						employer can agree on the choice of a PLHCP or PLHCPs. Some companies and
						unions have agreed in advance, for example, to use certain independent medical
						laboratories or panels of PLHCPs. Any of these arrangements are acceptable so
						long as required medical surveillance is made available to employees.
The standard requires your employer to provide certain
						information to a PLHCP to aid in their examination of you. This information
						includes (1) the standard and its appendices, (2) a description of your duties
						as they relate to occupational lead exposure, (3) your exposure level or
						anticipated exposure level, (4) a description of any personal protective
						equipment you wear, (5) prior blood lead level results, (6) prior written
						medical opinions concerning you that the employer has, and (7) a copy of your
						employer's written elevated blood lead level response plan (required when an
						employee's BLL is at or above 10 µg/dl).
After a medical examination or consultation the PLHCP
						must prepare a written opinion for your employer which must contain (1) the
						PLHCP's opinion as to whether you have any health-related condition which
						places your health, including the ability to procreate a healthy child, at
						increased risk of material impairment from exposure to lead, (2) any
						recommended special protective measures to be provided to you or any
						limitations to be placed on your exposure to lead, (3) blood lead test results,
						and (4) any recommended limitation on your use of respirators. This last
						element must include a determination of whether you can wear a powered
						air-purifying respirator (PAPR) if you are found unable to wear a negative
						pressure respirator. Your employer must ensure that you also receive a copy of
						the PLHCP's written medical opinion. In addition, the PLHCP who conducts your
						medical examination will explain the results of your medical examination to you
						and provide you with a separate written medical report within 30 days of your
						medical exam. This report will contain the information in the PLHCP's written
						medical opinion, plus additional information, including a determination of
						whether you should wear a PAPR instead of a non-powered (negative pressure)
						air-purifying respirator, any recommended follow-up blood lead testing or
						medical exams, and the PLHCP's opinion as to whether you have any
						health-related condition, work-related or not, for which you should have a
						further medical examination or treatment.
C. Additional Information about Medical
						Surveillance
The medical surveillance program of the lead standard may
						at some point in time serve to notify certain employees that they have acquired
						a disease or other adverse health-related condition as a result of occupational
						lead exposure. If this is true, these employees might have legal rights to
						compensation from public agencies, their employers, firms that supply hazardous
						products to their employers, or other persons. Some states have laws, including
						workers' compensation laws, that disallow an employee who learns of a
						job-related health impairment to sue, unless the employee sues within a short
						period of time after learning of the impairment. (This period of time may be a
						matter of months or years.) An attorney can be consulted about these
						possibilities. It should be stressed that Cal/OSHA is in no way trying to
						either encourage or discourage claims or lawsuits. However, since results of
						the standard's medical surveillance program can significantly affect the legal
						remedies of an employee who has acquired a job-related disease or impairment,
						it is proper for Cal/OSHA to make you aware of this.
The medical surveillance section of the standard also
						contains provisions dealing with chelation. Chelation is the use of certain
						drugs (administered in pill form or injected into the body) to reduce the
						amount of lead absorbed in body tissues. Experience accumulated by the medical
						and scientific communities has largely confirmed the effectiveness of this type
						of therapy for the treatment of very severe lead poisoning. On the other hand,
						it has also been established that there can be a long list of extremely harmful
						side effects associated with the use of chelating agents. The medical community
						has balanced the advantages and disadvantages resulting from the use of
						chelating agents in various circumstances and has established when the use of
						these agents is acceptable. The standard includes these accepted limitations
						due to a history of abuse of chelation therapy by some lead companies. The most
						widely used chelating agents are succimer and calcium disodium EDTA (Ca
						Na2 EDTA).
The standard prohibits "prophylactic chelation" of any
						employee by any person the employer retains, supervises or controls.
						"Prophylactic chelation" is the routine use of chelating or similarly acting
						drugs to prevent elevated blood lead levels in employees who are occupationally
						exposed to lead, or the use of these drugs to routinely lower blood lead levels
						to predesignated concentrations believed to be "safe." It should be emphasized
						that where an employer takes an employee who has no symptoms of lead poisoning
						and has chelation carried out by a PLHCP (either inside or outside of a
						hospital) solely to reduce the employee's blood lead level, that will generally
						be considered prophylactic chelation. The use of a hospital and a PLHCP does
						not mean that prophylactic chelation is not being performed. Routine chelation
						to prevent increased or reduce current blood lead levels is unacceptable
						whatever the setting.
The standard allows the use of "therapeutic" or
						"diagnostic" chelation if administered by a PLHCP in a clinical setting with
						thorough and appropriate medical monitoring. Therapeutic chelation responds to
						severe lead poisoning where there are marked symptoms. Diagnostic chelation
						involves giving a patient a dose of the drug then collecting all urine excreted
						for some period of time as an aid to the diagnosis of lead poisoning.
In cases where the examining PLHCP determines that
						chelation is appropriate, you must be notified in writing of this fact before
						such treatment. This will inform you of a potentially harmful treatment, and
						allow you to obtain a second opinion.
IX. Medical Removal Protection -- subsection (k)
Excessive lead absorption subjects you to increased risk
						of disease. Medical removal protection (MRP) is a means of protecting you when,
						for whatever reasons, other methods, such as engineering controls, work
						practices, and respirators, have failed to provide the protection you need. MRP
						involves the temporary removal of an employee from their regular job to a place
						of significantly lower exposure without any loss of earnings, seniority, or
						other employment rights or benefits. The purpose of this program is to cease
						further lead absorption and allow your body to naturally excrete lead which has
						previously been absorbed. Temporary medical removal can result from an elevated
						blood lead level, or a medical opinion. For up to 18 months, or for as long as
						the job the employee was removed from lasts, protection is provided as a result
						of either form of removal. The vast majority of removed employees, however,
						will return to their former jobs long before this 18-month period
						expires.
Your employer must remove you from work having an
						exposure to lead at or above the action level of 2
						µg/m3, from work involving a trigger task
						where an exposure assessment has not been completed, and from work altering or
						disturbing any material containing lead at a concentration at least 0.5% by
						weight, on each occasion that your BLL is at or above 30 µg/dl; or
						effective January 1, 2026, your last two BLL results are at or above 20
						µg/dl; or effective January 1, 2026, the average of the results of all of
						your blood lead tests conducted in the last 6 months is at or above 20
						µg/dl, unless the last blood test indicates a blood lead level below 15
						µg/dl, in which case you need not be removed. If you are removed from
						your normal job because of a high BLL, your employer must return you to your
						former job status when two consecutive blood lead tests, taken at least 30 days
						apart, both indicate that your BLL is below 15 µg/dl.
You may also be removed from exposure even if your blood
						lead level is below 30 µg/dl or the other criteria mentioned above, if a
						final medical determination indicates that you temporarily need reduced lead
						exposure for medical reasons. If the PLHCP who is implementing your employer's
						medical program makes a final written opinion recommending your removal or
						other special protective measures, your employer must implement the PLHCP's
						recommendation. If you are removed in this manner, you must only be returned
						when the doctor indicates that it is safe for you to do so.
The standard does not give specific instructions dealing
						with what an employer must do with a removed employee. Your job assignment upon
						removal is a matter for you, your employer and your union (if any) to work out
						consistent with existing procedures for job assignments. Each removal must be
						accompanied in a manner consistent with existing collective bargaining
						relationships. Your employer is given broad discretion to implement temporary
						removals so long as no attempt is made to override existing agreements.
						Similarly, a removed employee is provided no right to veto an employer's choice
						which satisfies the standard.
In most cases, employers will likely transfer removed
						employees to other jobs with sufficiently low lead exposure. Alternately, an
						employee's hours may be reduced so that the time-weighted average exposure is
						reduced to below the action level, or they may be temporarily laid off if no
						other alternative is feasible.
In all of these situations, MRP benefits must be provided
						during the period of removal -- i.e., you continue to receive the same
						earnings, seniority, and other rights and benefits you would have had if you
						had not been removed. Earnings include more than just your base wage; it
						includes overtime, shift differentials, incentives, and other compensation you
						would have earned if you had not been removed. During the period of removal you
						must also be provided with appropriate follow-up medical surveillance. If you
						were removed because your blood lead level was too high, you must be provided
						with a monthly blood lead test. If a medical opinion caused your removal, you
						must be provided medical tests or examinations that the doctor believes to be
						appropriate. If you do not participate in this follow-up medical surveillance,
						you may lose your eligibility for MRP benefits.
When you are medically eligible to return to your former
						job, your employer must return you to your "former job status." This means that
						you are entitled to the position, wages, benefits, etc., you would have had if
						you had not been removed. If you would still be in your old job if no removal
						had occurred that is where you go back. If not, you are returned consistent
						with whatever job assignment discretion your employer would have had if no
						removal had occurred. MRP only seeks to maintain your rights, not expand them
						or diminish them.
If you are removed under MRP and you are also eligible
						for workers' compensation or other compensation for lost wages, your employer's
						MRP benefits obligation is reduced by the amount that you actually receive from
						these other sources. This is also true if you obtain other employment during
						the time you are laid off with MRP benefits.
The standard also covers situations where an employer
						voluntarily removes an employee from exposure to lead due to the effects of
						lead on the employee's health-related condition, even though the standard does
						not require removal. In these situations MRP benefits must still be provided as
						though the standard required removal. Finally, it is important to note that in
						all cases where removal is required, respirators cannot be used as a
						substitute. Respirators may be used before removal becomes necessary, but not
						as an alternative to a transfer to a low exposure job, or to lay-off with MRP
						benefits.
X. Communication of Hazards -- subsection
						(
l
)
Your employer must include lead in their hazard
						communication program and training. All employees occupationally exposed to
						lead must be trained, prior to initial assignment and at least annually
						thereafter, on housekeeping and hygiene practices. Also, your employer is
						required to provide an information and training program for all employees
						exposed to lead above the action level on any day or who may experience skin or
						eye irritation from lead compounds such as lead arsenate or lead azide, and as
						interim protection for employees who perform trigger tasks. The program must
						train these employees regarding the specific hazards associated with their work
						environment, protective measures which can be taken, including the contents of
						any compliance plan in effect, the danger of lead to their bodies (including
						their reproductive systems), and their rights under the standard. All employees
						must be trained prior to initial assignment to areas where there is a
						possibility of exposure as described above. This training program must also be
						provided at least annually thereafter.
The California Department of Public Health (CDPH)
						requires the certification of employees and supervisors performing lead-related
						construction activities in residential and public buildings, as defined in
						Title 17, California Code of Regulations, Division 1, Chapter 8, when it has
						been shown that they have been exposed to lead at or above 50
						µg/m3 as an 8-hour TWA. "Lead-related
						construction work" is defined in Title 17 as any construction, alteration,
						painting, demolition, salvage, renovation, repair, or maintenance of any
						residential or public building, including preparation and cleanup, that, by
						using or disturbing lead containing material or soil, may result in significant
						exposure of adults or children to lead. "Public building" means a structure
						which is generally accessible to the public, including but not limited to,
						schools, daycare centers, museums, airports, hospitals, stores, convention
						centers, government facilities, office buildings and any other building which
						is not an industrial building or a residential building. Where training
						certification is required, the training must be given by a training provider
						accredited by the CDPH.
XI. Signs -- subsection (m)
The standard requires that the following warning sign be
						posted in each regulated area, and in work areas where the exposure to lead is
						at or above the action level:
DANGER
LEAD WORK AREA
MAY DAMAGE FERTILITY OR THE UNBORN
						CHILD
CAUSES DAMAGE TO THE CENTRAL NERVOUS
						SYSTEM
DO NOT EAT, DRINK OR SMOKE IN THIS
						AREA
These signs are to be posted and maintained in a manner
						which ensures that the legend is readily visible, and must be in a language
						understandable to employees.
XII. Recordkeeping -- subsection (n)
Your employer is required to keep all records of exposure
						monitoring for airborne lead. These records must include the name and job
						classification of employees measured, details of the sampling and analytical
						techniques, the results of this sampling, and the type of respiratory
						protection being worn by the person sampled. Such records are to be retained
						for at least 30 years. Your employer is also required to keep all records of
						blood lead testing and medical examination results. These records must include
						the name of the employee, the PLHCP's written opinion, and a copy of the
						results of the examination. Medical records must be preserved and maintained
						for the duration of employment plus 30 years. However, if the employee's
						duration of employment is less than one year, the employer need not retain that
						employee's medical records beyond the period of employment if they are provided
						to the employee upon termination of employment.
Recordkeeping is also required if you are temporarily
						removed from your job under the medical removal protection program. This record
						must include your name and unique identifier, the date of your removal and
						return, how the removal was or is being accomplished, and whether or not the
						reason for the removal was an elevated blood lead level. Your employer is
						required to keep each medical removal record only for as long as the duration
						of an employee's employment.
In addition, the standard requires that your employer
						keep records of their semi-annual review of their written compliance program,
						and written elevated blood lead level response plans, for three years. They are
						also required to keep records of any training required by this standard for
						three years.
The standard requires that if you request to see or copy
						environmental monitoring, blood lead level monitoring, or medical removal
						records, they must be made available to you or to a representative that you
						authorize. Your union also has access to these records. Medical records other
						than BLL's must also be provided upon request to you, to your PLHCP or to any
						other person whom you may specifically designate. Your union does not have
						access to your personal medical records unless you authorize their
						access.
XIII. Observation of Monitoring -- subsection (o)
When air monitoring for lead is performed at your
						workplace as required by this standard, your employer must allow you or someone
						you designate to act as an observer of the monitoring. Observers are entitled
						to an explanation of the measurement procedure, and to record the results
						obtained. Since results will not normally be available at the time of the
						monitoring, observers are entitled to record or receive the results of the
						monitoring when returned by the laboratory. Your employer is required to
						provide the observer with any personal protective devices required to be worn
						by employees working in the area that is being monitored. The employer must
						require the observer to wear all such equipment and to comply with all other
						applicable safety and health procedures.
XIV. For Additional Information
A. A copy of the standard for lead in construction can be
						obtained free of charge at
http://www.dir.ca.gov/Title8/1532_1.html
or by calling or writing your local Cal/OSHA Office.
B. Additional information about the standard, its
						enforcement, and your employer's compliance can be obtained at
http://www.dir.ca.gov/dosh/EnforcementPage.htm
or from the nearest Cal/OSHA Office.