Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-155 - Safety standards for construction work › Part B-1 - OCCUPATIONAL HEALTH AND ENVIRONMENTAL CONTROL › Section 296-155-17652 - Appendix B to WAC 296-155-176- Employee standard summary

Current through Register Vol. 24-14, July 15, 2024
This appendix summarizes key provisions of the standard for
				  lead in construction that you as a worker should become familiar with.
(1)
Permissible exposure limit (PEL)WAC
				296-62-17607.
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 eight-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 eight-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.
(2)
Exposure assessment - WAC
				296-155-17609.
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 the employee 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 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, 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 respirator, 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 they 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.
If you are exposed to lead and air sampling is performed,
				  your employer is required to notify you in writing within five 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 6 months if your exposure is at or over the action
				  level but below the PEL. Your employer may discontinue monitoring for you if
				  two 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 two 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 6 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.
(3)
Methods of compliance - WAC
				296-155-17611.
Your
				employer is required to assure that no employee is exposed to lead in excess of
				the PEL as an 8hour 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 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
				  respirator, 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, and the
				  director.
Finally, the plan must be reviewed and updated at least every
				  6 months to ensure it reflects the current status in exposure control.
(4)
Respiratory protection -
				WAC 296-155-17613.
Your
				employer is required to select respirator from the types listed in Table I of
				the Respiratory Protection section of the standard (see WAC
				296-155-17613 ). Any respirator
				chosen must be certified by the National Institute for Occupational Safety and
				Health (NIOSH) under the provisions of 42 C.F.R. part 84. This respirator
				selection table will enable your employer to choose a type of respirator that
				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 also start a Respiratory Protection
				  Program. This program must include written procedures for the proper selection,
				  use, cleaning, storage, and maintenance of respirator.
Your employer must ensure that your respirator facepiece fits
				  properly. Proper fit of a respirator facepiece is critical to your protection
				  from airborne lead. Obtaining a proper fit on each employee may require your
				  employer to make available several different types of respirator masks. To
				  ensure that your respirator fits properly and that facepiece leakage is
				  minimal, your employer must give you either a qualitative or quantitative fit
				  test as specified in WAC
				  296-842-15005.
(5)
Protective work clothing and
				equipment - WAC
				296-155-17615.
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:
* Change into work clothing and shoe covers in the clean
				  section of the designated changing areas;
* Use work garments of appropriate protective gear, including
				  respirator before entering the work area; and
* Store any clothing not worn under protective clothing in
				  the designated changing area.
Workers should follow these procedures upon leaving the work
				  area:
* 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;
* Remove shoe covers and leave them in the work area;
* 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.
* Remove respirator last; and
* Wash hands and face.
Workers should follow these procedures upon finishing work
				  for the day (in addition to procedures described above):
* Where applicable, place disposal coveralls and shoe covers
				  with the abatement waste;
* Contaminated clothing which is to be cleaned, laundered or
				  disposed of must be placed in closed containers in the change room.
* Clean protective gear, including respirator, according to
				  standard procedures;
* 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.
(6)
Housekeeping - WAC
				296-155-17617
.
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.
(7)
Hygiene facilities and practices - WAC
				296-155-17619.
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. Strict compliance with these provisions can virtually eliminate
				  several sources of lead exposure which significantly contribute to excessive
				  lead absorption.
(8)
Medical surveillance - WAC
				296-155-17621.
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:
* Who have high body burdens of lead acquired over past
				  years,
* Who have additional uncontrolled sources of nonoccupational
				  lead exposure,
* Who exhibit unusual variations in lead absorption rates,
				  or
* Who have specific nonwork 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 abilityregardless 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
				  partsperiodic 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 two 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 two 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 5 working days of their
				  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 WAC
				  296-155-17623.) 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 subsection (9), below.)
The standard specifies the minimum content of preas-signment
				  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. Preas-signment and annual medical examinations must
				  include:
* A detailed work history and medical history;
* A thorough physical examination, including an evaluation of
				  your pulmonary status if you will be required to use a respirator;
* A blood pressure measurement; and
* 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 their examination of you. This information
				  includes:
* The standard and its appendices,
* A description of your duties as they relate to occupational
				  lead exposure,
* Your exposure level or anticipated exposure level,
* A description of any personal protective equipment you
				  wear,
* Prior blood lead level results, and
* 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:
* 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,
* Any recommended special protective measures to be provided
				  to you,
* Any blood lead level determinations, and
* Any recommended limitation on your use of
				  respirator.
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 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 DOSH 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 DOSH 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 chelat-ing 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 predes-ignated 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.
(9)
Medical removal protection - WAC
				296-155-17623.
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 respirator, have failed to provide the protection you need. MRP
				  involves the temporary removal of a worker 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 workers, however, will
				  return to their former jobs long before this 18 month period expires.
You may also be removed from exposure even if your blood lead
				  level is below 50 [MICRO]/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
				  accomplished 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. Alternatively, a
				  worker's hours may be reduced so that the time weighted average exposure is
				  reduced, or they 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 removali.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, respirator cannot be used as a substitute.
				  Respirator may be used before removal becomes necessary, but not as an
				  alternative to a transfer to a low exposure job, or to a lay-off with MRP
				  benefits.
(10)
Employee information and training - WAC
				296-155-17625.
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.
(11)
Signs -
				WAC 296-155-17627.
The standard requires that the following warning sign be
				  posted in 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, you may use the following legend in
				  lieu of that specified above:
WARNING
LEAD WORK AREA
POISON
NO SMOKING OR EATING
(12)
Recordkeeping - WAC
				296-155-17629.
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.
(13)
Observation of monitoring - WAC
				296-155-17631.
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.
(14)
Startup date - WAC 296-155-17635.
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 four months, and all other
				provisions completed as soon as possible, but no later than within two months
				from the effective date.
(15)
For additional information.
(a)
				A copy of the standard for lead in construction can be obtained free of charge
				by calling or writing to the department of labor and industries, Post Office
				Box 44620, Mail-stop 44620, Olympia, Washington 98504-4620: Telephone (360)
				956-5527.
(b) Additional
				information about the standard, its enforcement, and your employer's compliance
				can be obtained from the nearest office listed in your telephone directory
				under the state of Washington, department of labor and industries.