The following is a synopsis of principal regulatory requirements that govern operations involving lead dust or lead based-paint. This is not intended to be, nor should it be relied upon as, an exhaustive list of all federal regulations applicable to lead-based paint. The reader is also encouraged to read the original text to ensure compliance.

Occupational Safety and Health Administration (OSHA) Requirements

Ų Lead in Construction (29 CFR 1926.62)

The following information is adapted from 29 CFR 1926.62, Appendix B, Employee Standard Summary.

Scope

The regulation “Lead in Construction”, found at 29 CFR 1926.62(the “standard”), applies to all construction activities where an employee may be occupationally exposed to lead. The standard defines construction work as:

Alteration and/or repair, including painting and decorating. It includes but is not limited to the following:

- Demolition or salvage of structures where lead or materials containing lead are present.

- Removal or encapsulation of materials containing lead.

- New construction, alteration, repair, or renovation of structures, substrates, or portions that contain lead, or materials containing lead.

- Installation of products containing lead.

- Lead contamination/emergency cleanup.

- Transportation, disposal, storage, or containment of lead or materials containing lead on the site or location at which construction activities are performed.

- Maintenance operations associated with the construction activities described above.

Permissible Exposure Limit (PEL)

This standard sets a permissible exposure limit (PEL) of 50 micrograms of lead per cubic meter of air (50 ug/m³) averaged over an 8-hour workday. This is referred to as a time-weighted average (TWA). This is the highest level of lead in air to which an employee may be exposed over an 8-hour workday. The standard takes into account the fact that a daily exposure to lead can extend beyond a typical 8-hour workday as the result of overtime, and contains a formula that reduces the permissible exposure when an employee is exposed more than 8 hours. For example, if an employee is exposed to lead for 10 hours a day, the maximum permitted average exposure will be 40 ug/m³ as compared to 50 ug/m³ for an eight-hour day.

Exposure Assessment

If lead is present in the workplace in any quantity, the employer is required to make an initial determination of whether any employee’s exposure to lead exceeds the action level of 30 ug/m³ averaged over an 8-hour day. Employee exposure is defined as that exposure which would occur if the employee were not using a respirator. This initial determination requires the 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. When objective data is used instead of actual monitoring, the employer must establish and maintain an accurate record, documenting its relevancy in assessing exposure levels (including percentage of lead in paint) for current job conditions. If such objective data is available, the employer does not need to perform any further employee exposure assessment until workplace conditions change and the determination is no longer valid.

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 the 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, the employer must establish and maintain a record as to the relevancy of such data to current job conditions.

If the initial determination shows that a reasonable possibility exists that any employee may be exposed, without regard to respirators, over the action level, the employer must set up an air-monitoring program to determine the exposure level representative of each employee exposed to lead at the workplace. Enough sampling must be done to enable each employee’s exposure level to reasonably represent full shift exposure. In addition, these air samples must be taken under conditions that represent each employee’s regular, daily exposure to lead. To be valid air samples must be representative of the employee’s full shift.

The employer is required to notify employees in writing within 5 working days of the air monitoring results. If the results indicate exposures exceed the PEL (without regard to the use of a respirator), then the employer must also notify employees of this in writing, and provide a description of the corrective action that has been taken or will be taken to reduce exposures.

Exposure must be rechecked by monitoring, at least every six months if at or over the action level but below the PEL.

When the initial determination is below the action level it is termed a “Negative initial determination".

This indicates that no employee is exposed to airborne concentrations of lead at or above the action level. The employer must make a written record of such determination. The record must include the date of determination, location within the worksite, and the name and social security number of each employee monitored a description indicating that the data was collected under workplace conditions closely resembling the processes, type of material, control methods, work practices, and environmental conditions used and prevailing in the employer's current operations.

If the initial determination reveals employee exposures to be below the action level further exposure determination need not be repeated except when 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 at or above the action level or may result in employees already exposed at or above the action level being exposed above the PEL.

Trigger Tasks

The standard lists certain tasks, which are likely to result in exposures to lead in excess of the PEL. When performing any of these tasks, the employer must provide employees 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 employee exposure levels are below the PEL.

Where lead containing coatings or paint are present, the trigger tasks include:

Manual demolition of structures (e.g., dry wall)
Manual scraping
Manual sanding
Heat gun applications
Power tool cleaning with dust collection systems

Methods of Compliance

The employer is required to assure that no employee is exposed to lead in excess of the PEL as an 8-hour TWA. The standard 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.

The 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, the 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. The plan must also detail the type of protective clothing and equipment, including respirators, housekeeping, and hygiene practices that will be used. The plan must be reviewed and updated at least every 6 months to assure it reflects the current status in exposure control.

Respiratory Protection

The employer is required to provide and assure employee use of respirators when exposures to lead are not controlled below the PEL by other means. The employer must pay the cost of the respirator. Whenever an employee requests one, the employer is required to provide a respirator even if the exposure level is not above the PEL. Any respirator chosen must be approved by the Mine Safety and Health Administration (MSHA) or the National Institute for Occupational Safety and Health (NIOSH). The employer must also maintain a Respiratory Protection Program. This program must include written procedures for the proper selection, use, cleaning, storage, and maintenance of respirators. The employer is required to select respirators from the types listed in Table I of the Respiratory Protection section of the standard (Sec. 1926.62 (f)). This respirator selection table enables employers to choose a type of respirator that will provide the proper amount of protection based on airborne lead exposure. Employees must also receive proper training in the use of respirators. The employer is required to teach employees how to wear a respirator, to know why it is needed, and to understand its limitations. The employer must ensure that the respirator face piece fits properly by providing either a qualitative or quantitative fit test as specified in Appendix A of the Respiratory Protection standard located at 29 CFR 1910.134, on an annual basis.

Employers must make medical examinations available to determine if employees can safely wear a respirator.

Protective Work Clothing and Equipment

If an employee is exposed to lead above the PEL as an 8-hour TWA, without regard to use of a respirator, the employer must provide protective work clothing and equipment appropriate for the hazard. With respect to protective clothing and equipment, the following procedures should be observed prior to beginning work:

1. Change into work clothing and shoe covers in the clean section of a designated changing area.

2. Use appropriate protective gear, including respirators before entering the work area.

3. Store any clothing not worn under protective clothing in the designated changing area. Workers should follow these procedures upon leaving the work area:

a. 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.

b. Remove shoe covers and leave them in the work area.

c. Remove protective clothing and gear in the dirty area of the designated changing area.

d. Remove protective coveralls by carefully rolling down the garment to reduce exposure to dust.

e. Remove respirators last.

f. Wash hands and face.

Housekeeping

The employer must establish a housekeeping program sufficient to maintain all surfaces as free as practicable of accumulations of lead dust. HEPA vacuuming is the preferred method of meeting this requirement. The use of compressed air to clean floors and other surfaces is prohibited.

Hygiene Facilities and Practices

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. The 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 the employer must be equipped with separate storage facilities for protective clothing, 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 the exposure will extend to the employee’s family since lead from clothing can accumulate in houses, cars, etc.

Lunchrooms or eating areas may not be entered with protective clothing or equipment unless surface dust has been removed by HEPA vacuuming. 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 the employee, the employee’s clothes, or the employee’s possessions. Strict compliance with these provisions can virtually eliminate several sources of lead exposure that significantly contribute to excessive lead absorption.

Medical Surveillance

The medical surveillance program is part of the standard’s comprehensive approach to the prevention of lead-related disease. Its purpose is to supplement the main thrust of the standard, which is aimed at minimizing airborne concentrations of lead and sources of ingestion. Only medical surveillance can determine if the other provisions of the standard have effectively protected an individual. Compliance with the standard’s provisions 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 non-occupational lead exposure, who exhibit unusual variations in lead absorption rates, or who have specific non-work related medical conditions which could be aggravated by lead exposure (e.g., renal disease, anemia).

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. The employer’s obligation to offer 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 micrograms per deciliter (40 ug/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 six months and every six months thereafter until an employee’s blood lead level (BLL) is below 40 ug/dl. A zinc protoporphyrin (ZPP) test is a very useful blood test that measures an adverse metabolic effect of lead on the body and is therefore an indicator of lead toxicity.

If an employee’s BLL exceeds 40 ug/dl the monitoring frequency must be increased from every six months to at least every two months and not reduced until two consecutive BLLs indicate a blood lead level below 40 ug/dl. Each time an employee’s BLL is determined to be over 40 ug/dl, the employer must notify the employee in writing within five working days of his or her receipt of the test results. The employer must also inform the employee that the standard requires temporary medical removal with economic protection when a BLL exceeds 50 ug/dl.

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.

Signs

The standard requires that the following warning sign be posted in work areas where the exposure to lead exceeds the PEL:

WARNING

LEAD WORK AREA

POISON

NO SMOKING OR EATING

These signs are to be posted and maintained in a manner that assures that the legend is readily visible.

Record Keeping

The 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 the sampling, and the type of respiratory protection being worn by the person sampled. Such records are to be retained for at least 30 years after the termination of the employee’s employment. The 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 30 years after the termination of the employee’s employment. 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. Record keeping is also required if an employee is temporarily removed from a job under the medical removal protection program. This record must include the name and social security number, the date of 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.

The standard requires that if an employee requests to see or copy environmental monitoring, blood lead level monitoring, or medical removal records, they must be made available to them.

Ų Hazard Communication (29 CFR 1926.59)

The requirements of Hazard Communication (29 CFR 1926.56) applicable to construction work under this section are identical to those set forth in the Hazard Communication Standard for General Industry (29 CFR 1910.1200). The purpose of the standard is to ensure that the hazards of all chemicals used at a work site are evaluated, and that information concerning their hazards is transmitted to employees who use those materials. This transmittal of information is to be accomplished by means of comprehensive hazard communication programs, which are to include container labeling and other forms of warning, material safety data sheets and employee training.

Environmental Protection Agency (EPA) Requirements

Ų Waste Disposal (40 CFR Part 261)

The EPA Office of Pollution Prevention and Toxics issued a memorandum entitled Regulatory Status of Waste Generated by Contractors and Residents from Lead-Based Paint Activities Conducted in Households in August of 2000. The purpose of the memorandum was to explain the EPA policy allowing contractor-generated lead-based paint waste to be disposed of as household waste. Household waste is defined as “regular garbage or trash that is disposed of as municipal waste, and managed according to state and local requirements.” Waste from weatherization operations are typically disposed of as construction debris and discarded in a permitted municipal landfill. Prior to disposal contractors are suggested to ensure that the municipality or tribal authorities where the work is to be performed does not have more stringent disposal requirements for lead painted components or debris. EPA’s policy allows lead-based paint waste to be managed in such a fashion that “makes it more affordable for people to reduce lead in and around their homes.”

The EPA encourages everyone that handles lead-based paint to follow lead-safe work practices.

Ų Occupant Notification (40 CFR Part 745, Subpart E)

The Notification Rule (40 CFR 745 Subpart E) requires in part that owners and occupants of a house or apartment built prior to 1978 receive the pamphlet entitled “Protect Your Family in Your Home” (EPA 747-K-99-001) prior to the start of renovation work that will disturb a painted surface larger than two square feet.

Ų Training Requirements (40 CFR Part 745, Subpart L)

The Toxic Substance Control Act (TSCA) (15 U.S.C. 2601 et seq.) and its implementing regulations found at 40 CFR Part 745, Subpart L, requires that persons performing lead-based paint abatement activities obtain EPA approved training and certifications prior to providing these services. EPA approved training courses include workers, supervisors, inspectors, risk assessors and project designers. The purpose of the required training is to ensure that all persons performing lead-based paint activities are properly trained and effectively control the potential lead hazards in the defined target and child occupied facilities.

Housing and Urban Development (HUD) Requirements

Lead-Based Paint Poisoning Prevention in Certain Residential Structures (24 CFR Part 35) was promulgated by HUD to protect young children from lead-based paint hazards in housing that is financially assisted or sold by the Federal government. The regulation implements the requirements established by the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X of the Housing and Community Development Act of 1992). This regulation requires the use of EPA trained and certified lead-based paint professionals to provide lead-based paint abatement activities.

Occupational Safety and Health Administration. Construction Industry Hazard Communication Standard, 29 CFR 1926.59.

Occupational Safety and Health Administration. General Industry Respiratory Protection Standard, 29 CFR 1910.134.

Occupational Safety and Health Administration. Lead Construction Industry Standard, 29 CFR 1926.62.

U.S. Department of Housing and Urban Development. Office of Healthy Homes and Lead Hazard Control. Lead Paint Safety, A Field Guide for Painting, Home Maintenance, and Renovation Work.

U.S. Department of Housing and Urban Development. Office of Lead Hazard Control. Final New HUD Regulation on Lead-Based Paint Hazards in Federally Owned Housing and Housing Receiving Federal Assistance, Fact Sheet, Questions and Answers, Copy of the Regulation. Washington, DC: September 1999.

U.S. Department of Housing and Urban Development. Lead-Based Paint Poisoning Prevention in Certain Residential Structures, 24 CFR Part 35.

U.S. Environmental Protection Agency. Lead-Based Paint Poisoning Prevention in Certain Residential Structures, 40 CFR Part 745.

U.S. Environmental Protection Agency. Identification and Listing of Hazardous Waste, 40 CFR Part 261.

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