California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 11 - Occupational Lead Poisoning Prevention Program › Article 2 - Waivers of the Occupational Lead Poisoning Fee › Section 38003 - Procedures for Application of a Waiver

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An employer requesting a fee waiver shall
				  conduct a lead evaluation of the premises, materials and processes used in the
				  operation of the employer's business during the prior calendar year to determine
				  whether lead was present. This evaluation shall include, but not be limited to,
				  review of Material Safety Data Sheets or other manufacturer-supplied data, product
				  labeling, or analytical testing results for presence of lead in materials of unknown
				  composition.
(b) An employer requesting
				  a fee waiver shall establish that lead was not present, or was present only in a de
				  minimus amount, at the place of employment during the prior calendar year.
(c) An employer requesting a fee waiver shall have
				  180 days following the due date of the Occupational Lead Poisoning Fee to submit
				  documentation that lead was not present, or was present only in a de minimus amount,
				  at the place of employment during the prior calendar year.
(d) An employer requesting a fee waiver shall
				  demonstrate that lead was not present, or was present in a de minimus amount, at the
				  place of employment by providing documentation that includes:
(1) A Request for a Waiver of the Occupational
				  Lead Poisoning Fee [DHS Form 8484 (4/97)], which is hereby incorporated by
				  reference, containing the following information:
(A) Name, title, and affiliation of the person who
				  conducted the lead evaluation of the employer's business operation as outlined in
				  section 38003(a) and, if a
				  consultant, also telephone number and address.
(B) Statement signed by the person conducting the
				  lead evaluation that attests that, to the best of the person's knowledge, no lead or
				  lead-containing materials were present in any amount, or were present only in a de
				  minimus amount (as defined in section
				  38001) during the prior calendar year,
				  in the premises, materials and processes used in the operation of the
				  business.
(C) Description of the nature
				  of the employer's business, including a description of the products manufactured
				  and/or services provided.
(D) The
				  employer's Board of Equalization-designated, 8-digit account number provided to the
				  employer at the time the Occupational Lead Poisoning Fee is assessed.
(E) Name, title, company, address, telephone
				  number, and signature of an authorized representative of the employer who is
				  requesting the fee waiver.
(F) An
				  employer in an industry listed in section
				  38005 that involves construction work,
				  who wishes to apply for a fee waiver, shall identify the extent to which the
				  company's operations involved altering or disturbing painted surfaces by completing
				  Part B of Form DHS 8484 (4/97).
(G) An
				  employer in an industry listed in section
				  38005 that involves detective, guard,
				  armored car or other security services, who wishes to apply for a waiver, shall
				  identify the extent to which the company's operations involved altering or
				  disturbing lead materials by discharging weapons on company time by completing Part
				  C of Form DHS 8484 (4/97).
(H) An
				  employer in an industry listed in section
				  38005 that involves metal work who
				  wishes to apply for a fee waiver, shall identify the extent to which the company's
				  operations involved altering or disturbing lead-containing metals or alloys
				  (including lead-containing brass or bronze) by completing Part D of Form DHS 8484
				  (4/97).
(I) An employer in an industry
				  listed in section
				  38005 that involves the handling or
				  processing of scrap metal who wishes to apply for a fee waiver, shall identify the
				  extent to which the company's operations involved altering or disturbing
				  lead-containing or lead-painted scrap metal by completing Part E of Form DHS 8484
				  (4/97).