LEAD IN CONSTRUCTION
1.0 INTRODUCTION
In the construction industry, most over-exposures to lead are found in the trades, such as plumbing, welding, electrical work, carpentry, and painting. Significant lead exposures can also arise from removing paint from surfaces previously coated with lead-based paint, such as in renovation and demolition. Once in the blood, lead is distributed primarily in the blood, soft tissue (kidney, bone marrow, liver, and brain) and bones and teeth and can build to toxic levels.
2.0 SCOPE
This section applies to all construction work where an employee may be occupationally exposed to lead. Construction work is defined as work for construction, alteration and/or repair, including painting and decorating. It includes but is not limited to the following:
3.0 DEFINITIONS
Action level- Employee exposure, without regard to the use of respirators, to an airborne concentration of lead of 30 micrograms per cubic meter of air calculated as an 8-hour time-weighted average (TWA).
Competent person- A person who is capable of identifying lead hazards and has authorization to take prompt corrective measures to eliminate them.
Lead- Metallic lead, all inorganic lead compounds, and organic lead soaps. Excluded from this definition are all other organic lead compounds.
4.0 PERMISSIBLE EXPOSURE LIMIT
1. No employee will be exposed to lead at concentrations greater than fifty micrograms per cubic meter of air (50 ug/cubic meter ) averaged over an 8-hour period.
2. If an employee is exposed to lead for more than 8 hours in any work day the allowable exposure, as a time weighted average (TWA) for that day, shall be reduced according to the following formula: Allowable employee exposure (in ug/cubic meter) = 400 divided by hours worked in the day.
3. When respirators are worn, employee exposure will be based on the protection factor of the respirator. These levels will be averaged with exposure levels during periods when respirators are not worn to determine the employee's daily TWA exposure.
5.0 EXPOSURE ASSESSMENT
General
1. The Safety Office will conduct initial monitoring to determine if an employee is exposed to lead above the action level.
2. Employee exposure is the exposure that would occur if the employee were not using a respirator.
3. Where monitoring is required, the Safety Office will collect personal samples representative of a full shift. At least one sample for each job classification in each work area for each shift or the shift with the highest exposure level will be included.
4. Full shift personal samples shall be representative of the monitored employee's regular, daily exposure to lead.
Protection of employees during assessment of exposure
1. Until the Safety Office performs an exposure assessment and documents that an employee performing any of the tasks listed below is not exposed above the PEL (50 ug/cubic meter), the employee will be assumed to be exposed above the PEL, but less than ten times the PEL. The tasks covered by this requirement are:
2. For the tasks listed below, until an exposure assessment is performed that demonstrates that employees are not exposed in excess of 500 ug/cubic meter, employees will be assumed to be exposed to lead in excess of 500 ug/cubic meter. If employees are exposed to levels of lead below 500 ug/cubic meter, exposed employees will be provided with the appropriate respirator. The tasks covered by this requirement are:
3. For the tasks listed below, until an exposure assessment is performed that demonstrates that employees are not exposed in excess of 2,500 ug/cubic meters (50 x PEL), employees will be assumed to be exposed in excess of 2,500 ug/cubic meters. If employees are exposed to levels of lead below 2,500 ug/cubic meters, employees will be provided with appropriate respirators. Interim protection as described in this paragraph is required where lead containing coatings or paint are present on structures when performing:
4. With regard to tasks not listed above, if there is any reason to believe that workers may be exposed to lead in excess of the PEL, workers will be treated as if they were exposed above the PEL until an exposure assessment is performed that demonstrates exposures below the PEL.
5. For the tasks not listed above, if objective data is available demonstrating that a particular product containing lead or a specific process, operation or activity involving lead cannot result in exposure to lead above the action level this data may be used instead of implementing initial monitoring. An accurate record shall be maintained documenting the nature and relevancy of objective data, where used in assessing employee exposure instead of exposure monitoring.
6. Until an employee exposure assessment is performed that determines actual exposure, employees performing the tasks described above will be provided with interim protection as follows:
Basis of initial determination
1. Initial determinations of employee exposure will be based on exposure monitoring results and any of the following, relevant considerations:
2. Monitoring for the initial determination may be limited to a representative sample of the exposed employees who are exposed to the greatest airborne concentrations of lead in the workplace.
3. If previous monitoring for lead exposures was performed within the past 12 months using work operations that closely resemble the type of material, control methods, work practices, and environmental conditions used in the current operations, the earlier monitoring results may be used to satisfy the requirements of this section if the sampling and analytical methods meet the required accuracy and confidence levels.
Positive initial determination and initial monitoring
1. If an initial determination shows the possibility of any employee exposure at or above the action level, monitoring which is representative of the exposure for each employee in the workplace who is exposed to lead will be conducted.
Negative initial determination
1. Where an initial determination is made that no employee is exposed to airborne concentrations of lead at or above the action level a written record will be made. The record shall include the date of determination, location within the worksite, and the name and social security number of each employee monitored.
Frequency
1. If the initial determination reveals employee exposure below the action level, further exposure determination will not be repeated unless there is a change in the task.
2. If the initial determination or subsequent determination reveals employee exposure above the action level but below the PEL, monitoring will be performed at least every 6 months. Monitoring will be continued at the required frequency until at least two consecutive measurements, taken at least 7 days apart, are below the action level at which time monitoring may be discontinued unless there has been a change in the task.
3. If the initial determination reveals that employee exposure is above the PEL, monitoring will be performed quarterly. Monitoring will continue at the required frequency until at least two consecutive measurements, taken at least 7 days apart, are below the PEL but above the action level.
Additional exposure assessments
1. Additional monitoring will be conducted whenever there has been a change of equipment, process, control, personnel or a new task has been initiated that may result in additional employees being exposed to lead above the action level or may result in employees already exposed above the action level being exposed above the PEL.
Employee notification
1. Within 5 working days after completion of the exposure assessment each employee will be notified in writing of the results which represent that employee's exposure.
2. Whenever the results indicate that the representative employee exposure is above the PEL the written notice will include a statement that the employees exposure was above that level and a description of the corrective action that will be taken.
Accuracy of measurement
1. A method of monitoring and analysis will be used that has an accuracy (to a confidence level of 95 percent) of not less than plus or minus 25 percent for airborne concentrations of lead equal to or greater than 30 ug/cubic meter.
6.0 METHODS OF COMPLIANCE
Engineering and work practice controls
1. Engineering and work practice controls will be implemented to reduce and maintain employee exposure to lead below the permissible exposure limit to the extent that such controls are feasible. When engineering and work practices controls are not sufficient to reduce employee exposure to below the permissible exposure limit, they will be used to reduce employee exposure to the lowest feasible level and will be supplemented with respiratory protection.
Compliance program
1. Prior to commencement of the job a written compliance program will be established and implemented to ensure that the PEL is not exceeded.
2. Written plans for these compliance programs shall include at least the following:
3. The compliance program will provide for frequent and regular inspections of job sites, materials, and equipment by a competent person.
4. Written programs shall be submitted upon request to any affected employee, authorized employee representatives, or OSHA and shall be available at the worksite.
5. Written programs shall be revised and updated at least every 6 months to reflect the current status of the program.
Mechanical ventilation
1. When ventilation is used to control lead exposure, the performance of the system shall be evaluated in controlling exposure as necessary to maintain its effectiveness.
Administrative controls
1. If administrative controls are used as a means of reducing employees exposure to lead, a job rotation schedule will be established and implemented which includes:
5. To the extent relevant, employees will follow good work practices as described in Appendix B of the OSHA regulations.
7.0 RESPIRATORY PROTECTION
General
1. Respirators will be used when:
Respirator program
1. The Respiratory Protection Program will be developed in accordance with OSHA regulations 1910.134.
2. If an employee has breathing difficulty during fit testing or respirator use, a medical examination will be provided to determine if the employee can use a respirator while performing the task.
Respirator selection
1. Only NIOSH approved respirators will be used. Respirators will be appropriate for the task.
2. A powered air-purifying respirator will be provided if an employee chooses to use such a respirator and it will provide adequate protection.
8.0 PROTECTIVE WORK CLOTHING AND EQUIPMENT
Provision and use
1. If an employee is exposed to lead above the PEL or to lead compounds which may cause skin or eye irritation, and as interim protection, the following protective work clothing and equipment will be provided.
Cleaning and replacement
1. Protective clothing will be provided in a clean and dry condition at least weekly, and daily to employees whose exposure levels are over 200 ug/cubic of lead as an 8-hour TWA.
2. Cleaning, laundering, and disposal of protective clothing and equipment will be handled by the university.
3. Protective clothing and equipment will be repaired or replaced as needed to maintain their effectiveness.
4. Protective clothing will be removed at the completion of a work shift only in change areas provided for that purpose.
5. Contaminated protective clothing which is cleaned, laundered, or disposed of, will be placed in a closed container in the change area which prevents dispersion of lead outside the container.
6. Any person who cleans or launders protective clothing or equipment will be informed of the potentially harmful effects of exposure to lead.
7. Containers of contaminated protective clothing and equipment will be labeled as follows:
Caution: Clothing contaminated with lead. Do not remove dust by blowing or shaking. Dispose of lead contaminated wash water in accordance with applicable local, state, or federal regulations.
8. The removal of lead from protective clothing or equipment will be prohibited by blowing, shaking, or any other means which disperses lead into the air.
9.0 HOUSEKEEPING
1. All surfaces shall be maintained as free as practicable of accumulations of lead.
2. Clean-up of floors and other surfaces where lead accumulates shall wherever possible, be cleaned by vacuuming or other methods that minimize the likelihood of lead becoming airborne.
3. Shoveling, dry or wet sweeping, and brushing may be used only where vacuuming or other equally effective methods have been tried and found not to be effective.
4. Where vacuuming methods are selected, the vacuums shall be equipped with HEPA filters and used and emptied in a manner which minimizes the reentry of lead into the workplace.
5. Compressed air shall not be used to remove lead from any surface unless the compressed air is used in conjunction with a ventilation system designed to capture the airborne dust.
10.0 HYGIENE FACILITIES AND PRACTICES
1. In areas where employees are exposed to lead above the PEL, food or beverage will not be present or consumed, tobacco products will not be present or used, and cosmetics will not be applied.
Change areas
1. Clean change areas will be provided for employees whose airborne exposure to lead is above the PEL and as interim protection for employees.
2. To prevent cross-contamination change areas will be equipped with separate storage facilities for protective work clothing and equipment and for street clothes.
3. Employees will not leave the workplace wearing any protective clothing or equipment that is required to be worn during the work shift.
Showers
1. Shower facilities will be provided, where feasible, for use by employees whose airborne exposure to lead is above the PEL.
2. Where shower facilities are available employees will shower at the end of the work shift. An adequate supply of cleansing agents and towels will be provided.
Eating facilities
1. Lunchroom facilities or eating area will be provided for employees whose airborne exposure to lead is above the PEL.
2. Lunchroom facilities or eating areas will be readily accessible to employees and as free as practicable from lead contamination.
3. Employees whose airborne exposure to lead is above the PEL will wash their hands and face prior to eating, drinking, smoking or applying cosmetics.
4. Employees will not enter lunchroom facilities or eating areas with protective work clothing or equipment unless surface lead dust has been removed by vacuuming, downdraft booth, or other cleaning method that limits dispersion of lead dust.
Hand Washing facilities
1. Adequate handwashing facilities will be provided for use by employees exposed to lead.
2. Where showers are not provided employees will wash their hands and face at the end of the workshift.
11.0 MEDICAL SURVEILLANCE
General
1. Biological monitoring will be made available to employees occupationally exposed to lead at or above the action level, and as interim protection for employees. Biological monitoring will be done for lead and zinc protoporphyrin levels.
2. A medical surveillance program will be instituted to include biological monitoring and medical examinations for all employees who may be exposed above the action level for more than 30 days in any consecutive 12 months.
3. All medical examinations and procedures shall be performed by or under the supervision of a licensed physician.
4. Medical surveillance including multiple physician review will be made available without cost to employees and at a reasonable time and place.
Biological monitoring
1. Biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels will be given on the following schedule:
2. When the results of a blood test indicate that an employee's lead level exceeds the criterion for medical removal a second test will be provided within two weeks after the employer receives the results of the first blood test.
3. Blood lead analysis shall have an accuracy (to a confidence level of 95 percent) within plus or minus 15 percent or 6 ug/dl, whichever is greater, and shall be conducted by a laboratory approved by OSHA.
4. Within five working days after the receipt of biological monitoring results, employees will be notified in writing of their blood lead level. When an employees blood lead level exceeds 40 ug/dl he/she will be notified that the standard requires temporary medical removal with Medical Removal Protection benefits when lead level exceeds the numerical criterion for medical removal.
Medical examinations and consultations
1. Medical examinations and consultations will be made available to employees exposed above the action level for more than 30 days in 12 consecutive months on the following schedule:
2. The content of medical examinations will be determined by an examining physician and, if requested by an employee, shall include pregnancy testing or an evaluation of male fertility. Medical examinations shall include the following elements:
3. If the university selects the initial physician who conducts the medical examination or consultation, the employee may designate a second physician:
4. Employees will be promptly notified of their right to seek a second medical opinion after an initial physician conducts a medical examination or consultation. The university may condition its participation in, and payment for, the multiple physician review mechanism upon the employee doing the following within fifteen days after receipt of the notification, or receipt of the initial physician's written opinion, whichever is later:
5. If the findings or recommendations of the second physician differ from those of the initial physician, then the university and the employee will ensure that efforts are made to resolve any disagreement.
6. If the two physicians are unable to quickly resolve their disagreement, then the university and the employee through their respective physicians will designate a third physician:
7. The university will act consistent with the findings and recommendations of the third physician, unless the university and the employee reach an agreement which is consistent with the recommendations of one of the physicians.
8. The initial physician conducting a medical examination or consultation will be provided with the following information:
9. This information will be provided to a second or third physician conducting a medical examination or consultation upon their request or the employees.
10. The employee will be provided with a copy of a written medical opinion from each examining or consulting physician which contains only the following information:
11. Each examining and consulting physician will be instructed to:
12. The university and an employee may agree upon any alternate physician mechanism instead of the multiple physician review mechanism so long as the alternate mechanism is equally protective.
Chelation
1. The university will ensure that any person hired by the university will not engage in prophylactic chelation of any employee at any time.
2. If chelation is performed it will be done under the supervision of a licensed physician in a clinical setting with appropriate medical monitoring and the employee will be notified in writing prior to its occurrence.
12.0 MEDICAL REMOVAL PROTECTION
Temporary medical removal
1. An employee will be removed from work having an exposure to lead above the action level on each occasion that a periodic and a follow-up blood test indicates lead levels above 50 ug/dl.
2. An employee shall be removed from work having an exposure to lead above the action level on each occasion that a final medical determination results in a finding, that the employee has a medical condition which places him/her at increased risk to health from exposure to lead.
3. The phrase "final medical determination" means the written medical opinion on the employees' health status by an examining physician.
4. Where a final medical determination results in any recommended special protective measures, or limitations on an employee's exposure to lead, the university shall implement and act consistent with the recommendation.
Return of employee to former job status
1. An employee will be returned to his or her former job status:
Removal of other employee special protective measure or limitations
1. Any limitations placed on an employee will be removed and any special protective measures will be ended when a subsequent final medical determination indicates that these are no longer necessary.
Employer options pending a final medical determination
1. Where the multiple physician review mechanism has not yet resulted in a final medical determination the following actions will be taken:
Medical removal protection benefits
1. An employee will be provided with up to eighteen months of medical removal protection benefits on each occasion that an employee is removed from exposure to lead or otherwise limited.
2. The requirement that medical removal protection benefits be provided means that, as long as the job the employee was removed from continues, the university shall maintain the normal earnings, seniority and other employment benefits, including the right to his or her former job status as though the employee had not been medically removed from the job or otherwise medically limited.
3. During the period that an employee is medically removed from his/her job or otherwise medically limited, medical removal protection benefits may depend on the employee's participation in follow-up medical surveillance.
4. If a removed employee files a claim for workers' compensation payments for a lead related disability, then medical removal protection benefits shall be provided pending disposition of the claim. To the extent that an award is made to the employee for earnings lost during the period of removal, the medical removal protection benefits shall be reduced by that amount. The university shall receive no credit for workers' compensation payments received by the employee for treatment related expenses.
5. The universitys obligation to provide medical removal protection benefits to a removed employee will be reduced to the extent that the employee receives compensation for earnings lost during the period of removal from a public or employer - funded compensation program, or receives income from employment with another employer made possible by virtue of the employee's removal.
6. If an employee is removed from exposure to lead or has limitations placed on him/here from the effects of lead exposure medical removal protection benefits will be provided to the employee.
13.0 EMPLOYEE INFORMATION AND TRAINING
Hazard Communication
1. All employees exposed to lead will receive information consistent with the requirements of OSHA's Hazard Communication Standard, including but not limited to the requirements concerning warning signs and labels, and material safety data sheets (MSDS).
Additional Training
1. For employees who are subject to exposure to lead above the action level or who are subject to exposure to lead compounds which may cause skin or eye irritation (e.g., lead arsenate, lead azide), an additional training program will be provided.
2. The training program will be provided prior to the time of job assignment.
3. Training will be provided at least annually for each employee who is subject to lead exposure above the action level.
4. Employees will be trained in the following:
Access to information and training materials
1. A copy of this standard will be made readily available to all affected employees.
2. All materials relating to the employee information and training program will be made available to affected employees and their designated representatives, and to OSHA.
14.0 SIGNS
1. Signs required by other regulations may be used in addition to, or in combination with, signs required by this section.
2. No statement will appears on or near any sign required by this section which contradicts or detracts from the meaning of the required sign.
3. The following warning signs shall be posted in each work area where an employees exposure to lead is above the PEL:
WARNING
LEAD WORK AREA
POISON
NO SMOKING OR EATING
4. Signs required by this section will be illuminated and cleaned as necessary so that the legend is readily visible.
15.0 RECORDKEEPING
Exposure assessment
1. A record will be maintained of all monitoring and other data used in conducting employee exposure assessments.
2. Exposure monitoring records will include:
3. Records shall be maintained in accordance with the provisions of 29 CFR 1910.20.
Medical surveillance
1. A record will be maintained for each employee subject to medical surveillance.
2. This record shall include:
3. The university will keep, or assure that the examining physician keeps, the following medical records:
4. Medical records will be maintained in accordance with the provisions of 29 CFR 1910.20.
Medical removals
1. A record will be maintained for each employee removed from exposure to lead.
2. Each record shall include:
3. Medical removal record will be maintained for at least the duration of an employee's employment.
Objective data for exemption from requirement for initial monitoring
1. Objective data records will be maintained for at least 30 years.
Availability
1. All records required to be maintained will be made available to affected employees, former employees, and their designated representatives, and to OSHA.
Transfer of records
1. If the university ceases to do business, the successor employer shall receive and retain all records required to be maintained by this section.
2. If the university ceases to do business and there is no successor employer to receive the records required by this section, these records shall be transmitted to OSHA.
3. At the expiration of the retention period for the records required to be maintained by this section, the university shall notify OSHA at least 3 months prior to the disposal of the records and shall transmit those records to OSHA if requested within the period.
4. The university shall also comply with any additional requirements involving transfer of records set forth in 29 CFR 1910.20(h).
16.0 OBSERVATION OF MONITORING
Employee observation
1. Affected employees or their designated representatives will be provided with an opportunity to observe any monitoring of employee exposure to lead.
Observation procedures
1. Whenever observation of the monitoring of employee exposure to lead requires entry into an area where the use of respirators, protective clothing or equipment is required, the observer shall be provided with this equipment. The observer will comply with all other applicable safety and health procedures.
2. Without interfering with the monitoring, observers shall be entitled to: