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 a worker should become familiar
						with.
I. Permissible Exposure Limit (PEL) - subsection
						(c)
The standard sets a permissible exposure limit (PEL) of
						50 micrograms of lead per cubic meter of air (50
						[MICRO]g/m3), averaged over an 8-hour workday which
						is referred to as a time-weighted average (TWA). This is the highest level of
						lead in air to which you may be permissibly exposed over an 8-hour workday.
						However, since this is an 8-hour average, short exposures above the PEL are
						permitted so long as for each 8-hour work day your average exposure does not
						exceed this level. This standard, however, takes into account the fact that
						your daily exposure to lead can extend beyond a typical 8-hour workday as the
						result of overtime or other alterations in your work schedule. To deal with
						this situation, the standard contains a formula which reduces your permissible
						exposure when you are exposed more than 8 hours. For example, if you are
						exposed to lead for 10 hours a day, the maximum permitted average exposure
						would be 40 [MICRO]g/m3.
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 (30
						[MICRO]g/m3 averaged over an 8-hour day). Employee
						exposure is that exposure which would occur if the employee were not using a
						respirator. This initial determination requires your employer to monitor
						workers' exposures unless he or she has 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. 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 lead-related 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 worker 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, he or she 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 he or
						she 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
						represent full shift exposure. 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. If you are performing any of these tasks, your
						employer must provide you with appropriate respiratory protection, protective
						clothing and equipment, change areas, hand washing facilities, biological
						monitoring, and training until such time that an exposure assessment is
						conducted which demonstrates that your exposure level is below the PEL.
						Objective data cannot be used to replace air monitoring for this exposure
						assessment.
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 six months if your exposure is at or over the action level but below the
						PEL. Your employer may discontinue monitoring for you if 2 consecutive
						measurements, taken at least 7 days apart, are at or below the action level.
						Air monitoring must be repeated every 3 months if you are exposed over the PEL.
						Your employer must continue monitoring for you at this frequency until 2
						consecutive measurements, taken at least 7 days apart, are below the PEL but
						above the action level, at which time your employer must repeat monitoring of
						your exposure every six months and may discontinue monitoring only after your
						exposure drops to or below the action level. 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 assure that no employee is
						exposed to lead in excess of the PEL as an 8-hour TWA. 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 must
						establish a regulated area that includes the work area where airborne exposure
						to lead is above the PEL, or where the lead-related tasks listed in subsection
						(d)(2) are performed.
Your employer is required to develop and implement a
						written compliance program prior to the commencement of any job where employee
						exposures may reach the PEL as an 8-hour TWA. The standard identifies the
						various elements that must be included in the plan. 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, employee job responsibilities,
						operating procedures and maintenance practices. In addition, your employer's
						compliance plan 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 administrative
						controls involving job rotation are used to reduce employee exposure to lead,
						the job rotation schedule must be included in the compliance plan. The plan
						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 adverse effects of exposure to lead.
The written compliance program must be made available,
						upon request, to affected employees and their designated representatives, the
						Chief and NIOSH.
Finally, the plan must be reviewed and updated at least
						every 6 months to assure it reflects the current status in exposure
						control.
IV. Respiratory Protection - Subsection (f)
Your employer is required to provide and assure your use
						of respirators when your exposure to lead is not controlled below the PEL by
						other means. 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 air exposure level is not above the PEL. You might desire 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 adverse
						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 from the
						types listed in Table I of the Respiratory Protection section of the standard
						(section 1532.1(f)). Any
						respirator chosen must be approved by the National Institute for Occupational
						Safety and Health (NIOSH) under the provisions of 42 CFR part 84 . This
						respirator selection table 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. For example, 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. Your employer might make a PAPR available to you to ease the
						burden of having to wear a respirator for long periods of time. The standard
						provides that you can obtain a PAPR upon request.
Your employer must assure 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 order to assure 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 located at 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. If you ever have
						difficulty in breathing during a fit test or while using a respirator, your
						employer must make a medical examination 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 as an 8-hour
						TWA, without regard to your use of a respirator, 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 200
						[MICRO]g/m3. Appropriate protective work clothing
						and equipment can include coveralls or similar full-body work clothing, gloves,
						hats, shoes or disposable shoe coverlets, and face shields or vented goggles.
						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 assure that you
						follow good work practices when you are working in areas where your exposure to
						lead may exceed the PEL. 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. Use work garments of 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.
Workers 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 and face.
Workers 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 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. 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 high-efficiency particulate air
						(HEPA) filter 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 hand washing facilities be
						provided where occupational exposure to lead occurs. In addition, change areas,
						showers (where feasible), and lunchrooms or eating areas are to be made
						available to workers exposed to lead above the PEL. Your employer must assure
						that except in these facilities, food and beverage is not present or consumed,
						tobacco products are not present or used, and cosmetics are not applied, where
						airborne exposures are above the PEL. Change rooms provided by your employer
						must be equipped with separate storage facilities for your protective clothing
						and equipment and street clothes to avoid cross-contamination. After showering,
						no required protective clothing or equipment worn during the shift may be worn
						home. It is important that contaminated clothing or equipment be removed in
						change areas and not be worn home or you will extend your exposure and expose
						your family since lead from your clothing can accumulate in your house, car,
						etc.
Lunchrooms or eating areas may not be entered with
						protective clothing or equipment unless surface dust has been removed by
						vacuuming, downdraft booth, or other cleaning method. Finally, workers exposed
						above the PEL must wash both their hands and faces prior to eating, drinking,
						smoking or applying cosmetics.
All of the facilities and hygiene practices just
						discussed 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. Therefore, employers shall establish regulated areas, where
						access is controlled by the supervisor for work areas where employees are
						exposed to lead at or above the PEL or performing the specific tasks that
						require air monitoring, as required by subsection (d)(2). Any employee that
						enters the regulated area must be provided with protective equipment. 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
						affectively protected you as an individual. Compliance with the standard's
						provision will protect most workers from the adverse effects of lead exposure,
						but may not be satisfactory to protect individual workers (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 exhibit unusual
						variations in lead absorption rates, or (4) who have specific non-work related
						medical conditions which could be aggravated by lead exposure (e.g., renal
						disease, anemia). In addition, control systems may fail, or hygiene and
						respirator programs may be inadequate. Periodic medical surveillance of
						individual workers will help detect those failures. Medical surveillance will
						also be important to protect your reproductive ability-regardless of whether
						you are a man or woman.
All medical surveillance required by the standard must be
						performed by or under the supervision of a licensed physician. 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 -- periodic biological monitoring and medical examinations. Your
						employer's obligation to offer you medical surveillance is triggered by the
						results of the air monitoring program. Full medical surveillance must be made
						available to all employees who are or may be exposed to lead in excess of the
						action level for more than 30 days a year and whose blood lead level exceeds 40
						[MICRO]g/dl. Initial medical surveillance consisting of blood sampling and
						analysis for lead and zinc protoporphyrin must be provided to all employees
						exposed at any time (1 day) above the action level.
Biological monitoring under the standard must be provided
						at least every 2 months for the first 6 months and every 6 months thereafter
						until your blood lead level is below 40 [MICRO]g/dl. A zinc protoporphyrin
						(ZPP) test is a very useful blood test which measures an adverse metabolic
						effect of lead on your body and is therefore an indicator of lead
						toxicity.
If your BLL exceeds 40 [MICRO]g/dl the monitoring
						frequency must be increased from every 6 months to at least every 2 months and
						not reduced until two consecutive BLLs indicate a blood lead level below 40
						[MICRO]g/dl. Each time your BLL is determined to be over 40 [MICRO]g/dl, your
						employer must notify you of this in writing within five working days of his or
						her receipt of the test results. The employer must also inform you that the
						standard requires temporary medical removal with economic protection when your
						BLL exceeds 50 [MICRO]g/dl. (See Discussion of Medical Removal
						Protection-Subsection (k).) Anytime your BLL exceeds 50 [MICRO]g/dl your
						employer must make available to you within two weeks of receipt of these test
						results a second follow-up BLL test to confirm your BLL. If the two tests both
						exceed 50 [MICRO]g/dl, and you are temporarily removed, then your employer must
						make successive BLL tests available to you on a monthly basis during the period
						of your removal.
Medical examinations beyond the initial one must be made
						available on an annual basis if your blood lead level exceeds 40 [MICRO]g/dl at
						any time during the preceding year and you are being exposed above the airborne
						action level of 30 [MICRO]g/m3 for 30 or more days
						per year. The initial examination will provide information to establish a
						baseline to which subsequent data can be compared.
An initial medical examination to consist of blood
						sampling and analysis for lead and zinc protoporphyrin must also be made
						available (prior to assignment) for each employee being assigned for the first
						time to an area where the airborne concentration of lead equals or exceeds the
						action level at any time. In addition, a medical examination or consultation
						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 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, appropriate follow-up medical examinations or
						consultations may also be provided for employees who have been temporarily
						removed from exposure 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 physician. 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 required to use a respirator; (3) a blood pressure measurement; and (4)
						a series of laboratory tests designed to check your blood chemistry and your
						kidney function. 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 physician
						review mechanism which will give you a chance to have a physician of your
						choice directly participate in the medical surveillance program. If you are
						dissatisfied with an examination by a physician chosen by your employer, you
						can select a second physician to conduct an independent analysis. The two
						doctors would attempt to resolve any differences of opinion, and select a third
						physician to resolve any firm dispute. Generally your employer will choose the
						physician who conducts medical surveillance under the lead standard - unless
						you and your employer can agree on the choice of a physician or physicians.
						Some companies and unions have agreed in advance, for example, to use certain
						independent medical laboratories or panels of physicians. Any of these
						arrangements are acceptable so long as required medical surveillance is made
						available to workers.
The standard requires your employer to provide certain
						information to a physician to aid in his or her 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, and (6)
						prior written medical opinions concerning you that the employer has. After a
						medical examination or consultation the physician must prepare a written report
						which must contain (1) the physician's opinion as to whether you have any
						medical condition which places you at increased risk of material impairment to
						health from exposure to lead, (2) any recommended special protective measures
						to be provided to you, (3) any blood lead level determinations, 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.
The medical surveillance program of the interim lead
						standard may at some point in time serve to notify certain workers that they
						have acquired a disease or other adverse medical condition as a result of
						occupational lead exposure. If this is true, these workers 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 worker compensation laws, that disallow a worker who learns of a
						job-related health impairment to sue, unless the worker 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 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 a worker who has acquired a job-related disease or impairment, it
						is proper for 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 calcium disodium EDTA, (Ca Na2 EDTA), Calcium
						Disodium Versenate (Versenate), and d-penicillamine (penicillamine or
						Cupramine). 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 levels in workers 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 a worker who has no symptoms of lead poisoning and has chelation
						carried out by a physician (either inside or outside of a hospital) solely to
						reduce the worker's blood lead level, that will generally be considered
						prophylactic chelation. The use of a hospital and a physician 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 under the supervision of a licensed
						physician in a clinical setting with thorough and appropriate medical
						monitoring. Therapeutic chelation responds to severe lead poisoning where there
						are marked symptoms. Diagnostic chelation involved 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 physician 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 a worker from his or her 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 workers, however, will
						return to their former jobs long before this eighteen month period
						expires.
You may also be removed from exposure even if your blood
						lead level is below 50 [MICRO]g/dl if a final medical determination indicates
						that you temporarily need reduced lead exposure for medical reasons. If the
						physician who is implementing your employers medical program makes a final
						written opinion recommending your removal or other special protective measures,
						your employer must implement the physician's recommendation. If you are removed
						in this manner, you may 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 worker. 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 worker 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, a
						worker's hours may be reduced so that the time weighted average exposure is
						reduced, or he or she may be temporarily laid off if no other alternative is
						feasible.
In all of these situation, 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 includes 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 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 worker 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 a worker from exposure to lead due to the effects of lead
						on the employee's medical 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. Employee Information, Training and Certification -
						Subsection (
l
)
Your employer is required to provide an information and
						training program for all employees exposed to lead above the action level or
						who may suffer skin or eye irritation from lead compounds such as lead arsenate
						or lead azide. 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 over the action
						level.
This training program must also be provided at least
						annually thereafter unless further exposure above the action level will not
						occur.
The California Department of Health Services 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. 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 California Department of Health Services.
XI. Signs - Subsection (m)
The standard requires that the following warning sign be
						posted in each regulated area or work areas where the exposure to lead exceeds
						the PEL:
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
Prior to June 1, 2016, employers may use the following
						legend in lieu of that specified above:
WARNING
LEAD WORK AREA
POISON NO SMOKING OR EATING
These signs are to be posted and maintained in a manner
						which assures that the legend is readily visible.
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
						biological monitoring and medical examination results. These records must
						include the names of the employees, the physician'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 social security number, 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.
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 physician 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. Effective Date - Subsection (p)
The standard's effective date was November 4, 1993.
						Employer obligations under the standard begin as of that date with full
						implementation of engineering controls as soon as possible but no later than
						within 4 months, and all other provisions completed as soon as possible, but no
						later than within 2 months from the effective date.
XV. For Additional Information
A. A copy of the standard for lead in construction can be
						obtained free of charge 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 from the nearest
						Cal/OSHA Office listed in your telephone directory.