California Code of Regulations, Article 109, Section 5198 - Lead | California Code of Regulations

(a) Scope and Application.

(1) This section applies to all occupational exposure to lead, except as provided in subsection (a)(2).

(2) This section does not apply to the construction industry or to agricultural operations.

(b) Definitions.

For purposes of this section, the definitions in section 5161 do not apply to the terms used throughout this section.

Action level. Employee exposure, without regard to the use of respirators, to an airborne concentration of lead of 2 micrograms per cubic meter of air (2 µg/m3), calculated as an 8-hour time-weighted average (TWA).

Altering or disturbing. Subjecting to a process that may result in the release of lead dust, lead mist, lead fume, or other lead particles. Such processes include, but are not limited to, welding, torch cutting, brazing, torch soldering, melting, pouring, spraying, cutting, shredding, crushing, baling, grinding, polishing, machining, drilling, scraping, sanding, abrading, sweeping, raking and shoveling.

Blood lead level. The concentration of lead measured in whole blood, expressed as micrograms per deciliter (µg/dl) of whole blood.

Chief. The Chief of the Division of Occupational Safety and Health (Cal/OSHA), or designee.

Director. The Director, National Institute for Occupational Safety and Health (NIOSH), U. S. Department of Health and Human Services, or designee.

High-efficiency particulate air (HEPA) filter. A filter that is at least 99.97 percent efficient in removing particles 0.3 micrometers in diameter.

Lead. Metallic lead, all inorganic lead compounds, and organic lead soaps. Excluded from this definition are all other organic lead compounds.

Physician or other licensed health care professional (PLHCP). An individual whose legally permitted scope of practice (i.e., license, registration or certification) allows the individual to independently provide or be delegated the responsibility to provide some or all of the health care services required by this section.

Presumed significant lead work (PSLW).

(1) Altering or disturbing material that is:

(A) known to contain lead at a concentration equal to or greater than 0.5% by weight, as a result of material testing or as content listed in a safety data sheet or similar specification sheet; or

(B) reasonably anticipated to contain lead at a concentration equal to or greater than 0.5% by weight. Such materials include, but are not limited to, scrap lead, lead solder, lead bullet fragments and dust, lead sheeting, lead cable housing, and lead billets.

(2) Torch cutting any scrap metal.

Exception: Altering or disturbing material, as specified in this subsection, or torch cutting any scrap metal, does not constitute PSLW when the total combined duration of lead exposure resulting from altering, disturbing, and torch cutting is less than 8 hours during any 30-day period.

Separate Engineering Control Air Limit (SECAL). An airborne concentration of lead calculated as an 8-hour TWA, without regard to respirator use. SECALs for selected processes are included in subsection (e)(1)(C).

(c) Permissible Exposure Limit (PEL).

(1) The employer shall ensure that no employee is exposed to an airborne concentration of lead greater than 10 micrograms per cubic meter of air (10 µg/ m3), calculated as an 8-hour time-weighted average (TWA). The 8-hour TWA shall be calculated in accordance with the appendix to section 5155.

(2) When respirators are used to supplement engineering and work practice controls to comply with the PEL, and all the requirements of subsections (e)(1) and (f) have been met, employee exposure, for the purpose of determining whether the employer has complied with the PEL, may be considered to be at the level provided by the protection factor of the respirator for those periods the respirator is worn. Those periods may be averaged with exposure levels during periods when respirators are not worn to determine the employee's daily TWA exposure.

(d) Exposure Monitoring.

(1) General.

(A) For the purposes of subsection (d), employee exposure is that exposure which would occur if the employee were not using a respirator.

(B) With the exception of monitoring under subsection (d)(4), the employer shall collect full shift personal samples including at least one sample for each shift for each job classification in each work area.

(C) Full shift personal samples shall be representative of the monitored employee's regular, daily exposure to lead.

(2) Protection of Employees Prior to Assessment of Exposure.

Until the employer performs an employee exposure assessment as required under subsection (d) and determines actual employee exposure, the employer shall provide employees performing PSLW with interim protection as follows:

(A) Appropriate respiratory protection consisting of, at a minimum, a half-mask respirator with N100, R100, or P100 filters, in accordance with subsection (f).

Note: A respirator that provides greater protection, such as a full-face respirator, may be appropriate when employees perform tasks such as welding, grinding, torch burning, torch cutting, and cleaning or emptying bullet traps.

(B) Appropriate protective work clothing and equipment, in a clean and dry condition at least weekly, in accordance with subsection (g).

(C) Medical surveillance in accordance with subsection (j).

(D) Training in accordance with subsection (l).

(E) Posted signs in accordance with subsection (m)(2).

(3) Initial Determination. Each employer who has a workplace or work operation covered by this standard shall determine if any employee may be exposed to lead at or above the action level.

(4) Basis of Initial Determination.

(A) The employer shall monitor employee exposures and shall base initial determinations on the employee exposure monitoring results and any of the following, relevant considerations:

1. Any information, observations, or calculations which would indicate employee exposure to lead;

2. Any previous measurements of airborne lead; and

3. Any employee complaints of symptoms which may be attributable to exposure to lead.

(B) Monitoring for the initial determination may be limited to a representative sample of the exposed employees who the employer reasonably believes are exposed to the greatest concentrations of airborne lead in the workplace.

(C) Measurements of airborne lead made in the preceding 12 months may be used to satisfy the requirement to monitor under subsection (d)(4)(A) if sampling and analytical methods used meet the accuracy and confidence levels of subsection (d)(10).

(5) Positive Initial Determination and Initial Monitoring.

(A) Where a determination conducted under subsections (d)(3) and (d)(4) shows the possibility of any employee exposure at or above the action level, the employer shall conduct monitoring which is representative of the exposure for each employee in the workplace who is exposed to lead.

(B) Measurements of airborne lead made in the preceding 12 months may be used to satisfy this requirement if the sampling and analytical methods used meet the accuracy and confidence levels of subsection (d)(10).

(6) Negative Initial Determination. Where a determination conducted under subsections (d)(3) and (d)(4) is made that no employee is exposed to concentrations of airborne lead at or above the action level, the employer shall make a written record of such determination. The record shall include at least the information specified in subsection (d)(4) and shall also include the date of determination, location within the worksite, and the name and another unique employee identifier (such as date of birth or employee identification number) of each employee monitored.

(7) Frequency.

(A) If monitoring reveals employee exposure to be above 50 µg/m3 as an 8-hour TWA, the employer shall repeat monitoring quarterly until at least two consecutive measurements, taken at least 7 days apart, are at or below 50 µg/m3 as an 8-hour TWA. Subsequent monitoring shall conform with the applicable provisions of subsections (d)(7)(B) or (C), as appropriate, based on the monitoring results.

(B) If monitoring reveals employee exposure to be at or above 30 µg/m3 as an 8-hour TWA but no greater than 50 µg/m3 as an 8-hour TWA, the employer shall repeat monitoring at least every 6 months. The employer shall continue monitoring at the required frequency until at least two consecutive measurements, taken at least 7 days apart, are below 30 µg/m3 as an 8-hour TWA. Subsequent monitoring shall conform with the applicable provisions of subsection (d)(7)(C).

(C) If monitoring reveals employee exposure to be at or above the action level but below 30 µg/m3 as an 8-hour TWA, the employer shall repeat monitoring at least every 12 months. The employer shall continue monitoring at the required frequency until at least two consecutive measurements, taken at least 7 days apart, are below the action level, at which time the employer may discontinue monitoring except as otherwise provided by subsection (d)(8).

(D) Whenever initial monitoring reveals employee exposure to be below the action level, further measurements are not required except as otherwise provided by subsection (d)(8).

(8) Additional Monitoring. Whenever there has been a production, process, control, or personnel change which may result in new or additional exposure to lead, or whenever the employer has any other reason to suspect a change which may result in new or additional exposures to lead, additional monitoring in accordance with this subsection shall be conducted.

(9) Employee Notification.

(A) Within 5 working days after the receipt of monitoring results, the employer shall notify each employee in writing of the results which represent that employee's exposure.

(B) Whenever the results indicate that the representative employee exposure, without regard to respirators, exceeds the permissible exposure limit, the employer shall include in the written notice a statement that the permissible exposure limit was exceeded and a description of the corrective action taken or to be taken to reduce exposure to or below the permissible exposure limit.

(10) Accuracy of Measurement. The employer shall use a method of monitoring and analysis which has an accuracy (to a confidence level of 95%) within plus or minus 20 percent at concentrations of airborne lead equal to or greater than 2 µg/m3.

(e) Compliance.

(1) Methods.

(A) Where any employee is exposed to lead above the permissible exposure limit (PEL), the employer shall implement engineering and work practice controls, including administrative controls, to reduce and maintain employee exposure to lead at or below the PEL, except to the extent that the employer can demonstrate that such controls are not feasible.

(B) Where engineering and work practice controls are not sufficient to reduce and maintain employee exposure to lead at or below the PEL, the employer shall implement such controls to reduce exposure to the lowest level feasible. The employer shall supplement these controls with respiratory protection, in accordance with subsection (f), to control employee exposure to or below the PEL.

(C) Where a SECAL has been specified for particular processes (see Table 1), the employer shall implement engineering and work practice controls to reduce and maintain employee exposure at or below the SECAL, except to the extent that the employer can demonstrate that such controls are not feasible. The employer shall supplement these controls with respiratory protection, in accordance with subsection (f), to control employee exposure to lead at or below the PEL.

Table 1 -- Separate Engineering Control Airborne Limits (SECALs) for Selected Processes; Implementation Schedule

Industry	Process	SECAL and Implementation Dates
Lead acid battery manufacturing	Oxide production; paste mixing; grid pasting and parting; and battery assembly.	50 µg/m3 on January 1, 2025, then 40 µg/m3 on January 1, 2030.
	Grid production and small parts casting; and plate formation.	50 µg/m3 on January 1, 2025, then 30 µg/m3 on January 1, 2030.
Lead acid battery recycling	Laboratory processes.	50 µg/m3 on January 1, 2025, then 30 µg/m3 on January 1, 2030.
	Movement of lead ingots and blocks into storage areas.
	Movement of lead ingots and blocks for shipping.
	Maintenance processes.

(2) Compliance Program.

(A) Each employer shall establish and implement a written compliance program to reduce exposures to or below the PEL or, where applicable, the SECAL, solely by means of engineering and work practice controls in accordance with subsections (e)(1)(B) and (e)(1)(C).

(B) Written plans for these compliance programs shall include at least the following:

1. A description of each operation in which lead is emitted; e.g. machinery used, material processed, controls in place, crew size, employee job responsibilities, operating procedures and maintenance practices;

2. A description of the specific means that will be employed to achieve compliance, including engineering plans and studies used to determine methods selected for controlling exposure to lead;

3. A report of any engineering and work practice controls considered in meeting the PEL but not implemented due to infeasibility, that includes an explanation of how each was determined to be infeasible;

4. Air monitoring data which documents the source of lead emissions;

5. A detailed schedule for implementation of the program, including documentation such as copies of purchase orders for equipment, construction contracts, etc.;

6. A work practice program which includes items required under subsections (g), (h), and (i);

7. An administrative control schedule required by subsection (e)(4), if applicable; and

8. Other relevant information.

(C) Written programs shall be submitted upon request to the Chief and the Director, and shall be available at the worksite for examination and copying by the Chief, the Director, and any affected employee or authorized employee representatives.

(D) Written programs shall be revised and updated at least every 6 months to reflect the current status of the program. The revisions and updates shall be documented in writing, in accordance with subsection (n)(2).

(3) Mechanical Ventilation.

(A) When ventilation is used to control exposure, measurements which demonstrate the effectiveness of the system in controlling exposure, such as capture velocity, duct velocity, or static pressure shall be made at least every 3 months. Measurements of the system's effectiveness in controlling exposure shall be made within 5 days of any change in production, process, or control which might result in a change in employee exposure to lead.

(B) Recirculation of Air. If air from exhaust ventilation is recirculated into the workplace, the employer shall ensure that:

1. The exhaust has a high efficiency filter with a reliable back-up filter; and

2. Controls are installed, operating, and maintained which monitor the concentration of lead in the return air and which, in case of failure, automatically prevent the recirculation of exhaust air.

(4) Administrative Controls. If administrative controls are used as a means of reducing employees' TWA exposure to lead, the employer shall establish and implement a written job rotation schedule that includes:

(A) The name and another unique identifier (such as date of birth or employee identification number) of each affected employee;

(B) Duration and exposure levels at each job or work station where such affected employee is located; and

(C) Any other information which may be useful in assessing the reliability of administrative controls to reduce exposure to lead.

(f) Respiratory Protection.

(1) General. For employees who are required to use respirators by this section, the employer must provide respirators that comply with the requirements of this subsection. Respirators must be used during:

(A) Work operations for which engineering and work practice controls are not sufficient to reduce exposures to or below the PEL;

(B) Periods necessary to implement engineering or work practice controls;

(C) Periods when an employee requests a respirator; and

(D) Periods when an employee performs PSLW, as interim protection in accordance with subsection (d)(2).

(2) Respirator program.

(A) The employer must implement a respiratory protection program in accordance with section 5144(b) through (m) (except subsection (d)(1)(C)).

(B) If an employee exhibits breathing difficulty during fit testing or respirator use, the employer must provide the employee with a medical examination in accordance with subsection (j)(3)(A)3. to determine whether or not the employee can use a respirator while performing the required duty.

(3) Respirator Selection.

(A) The employer shall select, and provide to employees, the appropriate respirators specified in section 5144(d)(3)(A)1. If the employer selects filtering facepiece respirators for protection against lead, they shall be N100, R100, or P100.

(B) The employer shall provide a powered air-purifying respirator in lieu of the respirator specified in subsection (f)(3)(A) whenever:

1. An employee chooses to use this type of respirator, and

2. This respirator will provide adequate protection to the employee.

(C) The employer shall provide employees with full facepiece respirators instead of half mask respirators for protection against lead aerosols that cause eye or skin irritation at the use concentrations.

(D) The employer shall provide HEPA filters for powered air-purifying respirators and N100, R100, or P100 filters for non-powered air-purifying respirators.

(g) Protective Work Clothing and Equipment.

(1) Provision and Use.

(A) The employer shall provide at no cost to the employee and ensure that the employee uses appropriate protective work clothing and equipment:

1. To employees exposed to lead above the PEL without regard to the use of respirators;

2. As interim protection, in accordance with subsection (d)(2), to employees who perform PSLW; and

3. To employees for whom the possibility exists of skin or eye irritation from exposure to lead (e.g. lead arsenate, lead azide).

(B) Appropriate protective work clothing and equipment includes, but is not limited to:

1. Coveralls or similar full-body work clothing;

2. Hats or other head coverings, and shoes or disposable shoe coverlets; and

3. Where needed, gloves, face shields, vented goggles, or other protective equipment, in accordance with General Industry Safety Orders (GISO) Article 10, Personal Safety Devices and Safeguards.

(2) Cleaning and Replacement.

(A) The employer shall provide the protective clothing required in subsection (g)(1), in a clean and dry condition at least weekly, and daily to employees whose exposure levels without regard to respirator use are over 30 µg/m3 of lead as an 8-hour TWA.

(B) The employer shall provide for the cleaning, laundering, or disposal of protective clothing and equipment required by subsection (g)(1).

(C) The employer shall repair or replace required protective clothing and equipment as needed to maintain their effectiveness.

(D) The employer shall ensure that all protective clothing is removed at the completion of a work shift and only in change rooms provided for that purpose as prescribed in subsection (i)(2).

(E) The employer shall ensure that contaminated protective clothing which is to be cleaned, laundered, or disposed of, is placed in a closed container in the change room which prevents dispersion of lead outside the container.

(F) The employer shall inform in writing any person who cleans or launders protective clothing or equipment of the potentially harmful effects of exposure to lead.

(G) Labeling of Contaminated Protective Clothing and Equipment.

The employer shall ensure that labels of bags or containers of contaminated protective clothing and equipment include the following information:

DANGER: CLOTHING AND EQUIPMENT CONTAMINATED WITH LEAD. MAY DAMAGE FERTILITY OR THE UNBORN CHILD. CAUSES DAMAGE TO THE CENTRAL NERVOUS SYSTEM. DO NOT EAT, DRINK OR SMOKE WHEN HANDLING. DO NOT REMOVE DUST BY BLOWING OR SHAKING. DISPOSE OF LEAD CONTAMINATED WASH WATER IN ACCORDANCE WITH APPLICABLE LOCAL, STATE, OR FEDERAL REGULATIONS.

(H) The employer shall prohibit the removal of lead from protective clothing or equipment by blowing, shaking, or any other means which disperses lead into the air.

Note: A downdraft booth, "air shower," or other appropriate means for the removal of lead dust may be used provided employee exposure to airborne lead dust is prevented during such use.

(h) Housekeeping.

(1) Surfaces. All surfaces shall be maintained as free as practicable of accumulations of lead.

(2) Cleaning Methods.

(A) Floors and other surfaces where lead accumulates shall not be cleaned by the use of compressed air.

(B) Floors and other surfaces where lead accumulates shall be cleaned, wherever possible, by vacuuming or by other methods that minimize the likelihood of lead becoming airborne.

(C) Shoveling, dry or wet sweeping, and brushing shall not be used unless the employer can demonstrate that vacuuming or other equally effective methods have been tried and found not to be effective.

(3) Vacuuming. Where vacuuming methods are selected, the vacuums shall be used and emptied in a manner which minimizes the re-entry of lead into the workplace. Those vacuum systems which exhaust air into the workplace shall be equipped with air filters at least as effective as HEPA filters.

(i) Hygiene Facilities and Practices.

(1) General Hygiene.

(A) The employer shall ensure that in areas where employees are exposed to lead, food or beverage is not present or consumed, tobacco products are not present or used, and cosmetics are not applied.

Exception: In areas where employees are exposed to lead at or below 50 µg/m3 without regard to the use of respirators, the employer may provide employees with access to potable drinking water. The employer must implement, provide training on and ensure compliance with written safe hydration procedures. The employer must be able to demonstrate that employees following these procedures are not exposed to lead above the PEL in accordance with subsection (c)(2), and that water is consumed in a manner that prevents the ingestion of lead.

(B) The employer shall provide an adequate number of washing facilities, or lavatories, in compliance with the provisions of section 3366.

(C) Where necessary to effect lead removal, the employer shall make available special cleansing compounds designed specifically for the removal of lead from skin surfaces.

(D) The employer shall ensure that employees exposed to lead wash their hands, exposed arms, and face prior to entering eating areas, eating, drinking, smoking or applying cosmetics, and at the end of their shift.

(2) Change Rooms.

(A) The employer shall provide clean change rooms for employees who work in areas where their airborne exposure to lead is above the PEL, without regard to the use of respirators. Where employee exposures are above the PEL, but not above 50 µg/m3 without regard to the use of respirators, this requirement shall become effective January 1, 2026.

(B) The employer shall ensure that change rooms are equipped with separate storage facilities for protective work clothing and equipment and for street clothes which prevent cross contamination.

Exception: Separate storage facilities are not required where clean protective clothing and equipment are provided on a daily basis.

(C) The employer shall ensure that employees do not enter personal vehicles or leave the workplace with any protective clothing or equipment that is required to be worn during the work shift.

(3) Showers.

(A) The employer shall ensure that employees who work in areas where their exposure to airborne lead is above the PEL, without regard to the use of respirators, shower at the end of the work shift. Where employee exposures are above the PEL, but not above 50 µg/m3 without regard to the use of respirators, this requirement shall become effective January 1, 2026.

(B) The employer shall ensure that required shower facilities comply with section 3366(f).

(4) Lunchrooms.

(A) The employer shall provide readily accessible lunchroom facilities, in accordance with section 3368, for employees who work in areas where their exposure to airborne lead is above the PEL, without regard to the use of respirators. Where employee exposures are above the PEL, but not above 50 µg/m3 without regard to the use of respirators, this requirement shall become effective January 1, 2026.

(B) Lunchroom facilities shall have a temperature controlled, positive pressure, filtered air supply except that such facilities need not be under positive pressure if workplace operations produce no contamination by airborne lead.

(C) The employer shall ensure that employees do not enter lunchroom facilities with protective work clothing or equipment unless surface lead dust has been removed by vacuuming, downdraft booth, or other cleaning method.

(5) Cleaning of Hygiene Facilities. The employer shall establish, implement, and maintain written methods and schedules to maintain the cleanliness of drinking and washing facilities, change rooms, showers, and lunchrooms required by this subsection.

(j) Medical Surveillance.

(1) General.

(A) The employer shall institute a medical surveillance program:

1. For all employees who are or may be exposed at or above the action level; and

Exception 1: Medical surveillance is not required for an employee who is not exposed to lead at or above the action level for 30 or more days in any 12 consecutive months, and who is not exposed on any day above 10 µg/m3 as an 8-hour TWA, without regard to respirator use.

Exception 2: Medical surveillance is not required for an employee who is not exposed to lead at or above the action level for 15 or more days in any 12 consecutive months, and who is not exposed on any day above 20 µg/m3 as an 8-hour TWA, without regard to respirator use.

2. As interim protection, in accordance with subsection (d)(2), for all employees who perform PSLW.

(B) The employer shall ensure that all medical examinations and procedures are performed by a PLHCP.

(C) The employer shall provide the required medical surveillance including multiple PLHCP review under subsection (j)(3)(C) without cost to employees and at a reasonable time and place.

(D) The employer shall provide complete employee identification information to the PLHCP who performs any services covered under subsections (j)(1), (j)(2) and (j)(3). The employer shall instruct the PLHCP ordering blood lead tests to provide the analyzing laboratory with the employee identification information. Identification information includes:

1. Employee name, date of birth, address, and phone number; and

2. Employer name, address, and phone number.

(2) Blood Lead Testing.

(A) Blood Lead Testing Schedule. The employer shall make available blood lead testing to each employee covered under subsection (j)(1)(A) on the following schedule:

1. Prior to assignment for work covered by subsection (j)(1)(A) or as soon as possible when work is first determined to be covered by subsection (j)(1)(A);

Exception: Blood lead testing is not required prior to assignment to work covered by subsection (j)(1)(A) or when work is first determined to be covered by subsection (j)(1)(A) for an employee who has had a blood lead test in the preceding two months.

2. At least every 2 months for the first 6 months and every 6 months thereafter;

3. At least every 2 months for the first 6 months and every 6 months thereafter, following a change in work task or process resulting in or likely to result in higher exposure to lead;

4. At least every two months for each employee whose last blood lead level was at or above 10 µg/dl but below 20 µg/dl. This frequency shall continue until two consecutive blood lead levels, taken at least 30 days apart, are below 10 µg/dl; and

5. At least monthly for each employee whose last blood lead level was at or above 20 µg/dl, and during the removal period of each employee removed from exposure to lead due to an elevated blood lead level.

(B) Accuracy of Blood Lead Testing. Blood lead testing provided pursuant to this section shall include analysis by a Clinical Laboratory Improvement Amendments (CLIA)-approved laboratory (under the federal CLIA regulations, 42 CFR Part 493).

(C) Employer Notification to the Employee. Within five working days after the receipt of blood lead test results, the employer shall notify in writing each employee:

1. Of that employee's blood lead level;

2. That the standard requires the employer to make medical examinations and consultations available to employees exposed at or above the action level, and as interim protection, to employees performing PSLW, unless an employee's exposure or work is covered by the exception in subsection (j)(1)(A). When they are required, the employer must make medical examinations and consultations available as soon as possible, upon notification by an employee either that the employee has developed signs or symptoms commonly associated with lead intoxication, that the employee desires medical advice concerning the effects of current or past exposure to lead on the employee's ability to procreate a healthy child, or that the employee has demonstrated difficulty breathing during a respirator fit test or during use; and

3. That the standard requires temporary medical removal with Medical Removal Protection benefits when an employee's blood lead level is at or above 30 µg/dl, the last two monthly blood lead levels are at or above 20 µg/dl, or the average of the results of all blood lead tests conducted in the last 6 months is at or above 20 µg/dl, as provided for in subsection (k)(1).

(D) PLHCP's Notification to the Employee. The employer shall ensure that the PLHCP who orders the blood test explains the findings of the blood lead test and notifies the employee of the following:

1. The results of the blood lead test;

2. Any recommended follow-up blood lead testing in accordance with subsection (j)(2)(A) and the timing of that recommended blood lead testing; and

3. If the employee's blood lead level is 20 µg/dl or greater, the recommendation that the employee undergo a medical examination by a PLHCP if the employee has not had a lead-specific medical exam in the preceding 12 months.

(E) Elevated Blood Lead Level Response.

1. Whenever an employee has a blood lead level at or above 10 µg/dl, the employer shall establish and implement a written elevated blood lead level response plan for that employee which describes specific means that will be used to reduce and maintain the employee's blood lead level below 10 µg/dl.

2. Training and instruction shall be provided as needed for an employee who has a blood lead level at or above 10 µg/dl, to correct any employee work practices identified in the elevated blood lead level response plan established for that employee under subsection (j)(2)(E)1.

Exception: A written elevated blood lead level response plan, training and instruction, as specified in subsection (j)(2)(E), are not required when a blood lead level at or above 10 µg/dl is detected only in an employee's blood lead test done prior to their first assignment to work covered under subsection (j)(1)(A).

(3) Medical Examinations and Consultations.

(A) Frequency. The employer shall make available medical examinations and consultations to each employee covered under subsection (j)(1)(A) on the following schedule:

1. As soon as possible for each employee for whom a blood lead test result of 20 µg/dl or greater is received, if no lead-specific medical examination was done for that employee in the preceding 12 months, and at least annually thereafter, until the employee's blood lead level is below 20 µg/dl;

2. Prior to assignment for each employee being assigned for the first time to an area in which 8-hour time-weighted average concentrations of airborne lead are at or above the action level;

Exception 1: Medical examinations and consultations are not required for an employee who is not exposed to lead at or above the action level for 30 or more days in any 12 consecutive months, and who is not exposed on any day above 10 µg/m3 as an 8-hour TWA, without regard to respirator use.

Exception 2: Medical examinations and consultations are not required for an employee who is not exposed to lead at or above the action level for 15 or more days in any 12 consecutive months, and who is not exposed on any day above 20 µg/m3 as an 8-hour TWA, without regard to respirator use.

3. As soon as possible, upon notification by an employee either that the employee has developed signs or symptoms commonly associated with lead intoxication, that the employee desires medical advice concerning the effects of current or past exposure to lead on the employee's ability to procreate a healthy child, or that the employee has demonstrated difficulty in breathing during a respirator fit test or during use; and

4. As soon as possible, and then as medically appropriate for each employee removed from exposure to lead due to elevated blood lead levels in compliance with the provisions of subsection (k)(1), or whose exposure to lead is otherwise limited pursuant to a final medical determination in compliance with the provisions of subsection (k)(2).

(B) Content. Medical examinations made available pursuant to subsection (j)(3)(A) shall include the following elements:

1. A detailed work history and a medical history, with particular attention to past lead exposure (occupational and non-occupational), personal habits (smoking, hygiene), and past gastrointestinal, hematologic, renal, cardiovascular, reproductive and neurological problems;

2. A thorough physical examination, with particular attention to teeth, gums, hematologic, gastrointestinal, renal, cardiovascular, and neurological systems. If requested by an employee, pregnancy testing or laboratory evaluation of male fertility shall be included. Pulmonary status should be evaluated if respiratory protection will be used;

3. A blood pressure measurement;

4. A blood sample and analysis which determines:

a. Blood lead level;

b. Hemoglobin and hematocrit determinations, red cell indices, and examination of peripheral smear morphology;

c. Zinc protoporphrin for each employee whose last blood lead level was at or above 20 µg/dl;

d. Blood urea nitrogen; and

e. Serum creatinine.

5. A routine urinalysis with microscopic examination; and

6. Any laboratory or other test relevant to lead exposure that the examining PLHCP deems necessary by sound medical practice.

(C) Multiple PLHCP Review Mechanism.

1. If the employer selects the initial PLHCP who conducts any medical examination or consultation provided to an employee under this section, the employee may designate a second PLHCP to review any findings, determinations or recommendations of the initial PLHCP and to conduct such examinations, consultations, and laboratory tests as the second PLHCP deems necessary to facilitate this review.

2. The employer shall promptly notify an employee of the right to seek a second medical opinion after each occasion that an initial PLHCP conducts a medical examination or consultation pursuant to this section. The employer may condition participation in, and payment for, the multiple PLHCP review mechanism upon the employee informing the employer that the employee intends to seek a second medical opinion and initiating steps to make an appointment with a second PLHCP within 15 days after receipt of the foregoing notification or receipt of the initial PLHCP's written medical opinion, whichever is later.

3. If the findings, determinations or recommendations of the second PLHCP differ from those of the initial PLHCP, then the employer and the employee shall ensure that efforts are made for the two PLHCPs to resolve any disagreement.

4. If the two PLHCPs are unable to resolve their disagreement quickly, the employer and employee through their respective PLHCPs shall designate a third PLHCP to review any findings, determinations, or recommendations of the prior PLHCPs and to conduct such examinations, consultations, laboratory tests, and discussions with the prior PLHCPs that the third PLHCP deems necessary to resolve the disagreement of the prior PLHCPs.

5. The employer shall act consistent with the findings, determinations and recommendations of the third PLHCP, unless the employer and the employee reach an agreement which is otherwise consistent with the recommendations of at least one of the three PLHCPs.

(D) Alternate PLHCP Determination Mechanisms. The employer and an employee or authorized employee representative may agree upon the use of any expeditious alternate PLHCP determination mechanism in lieu of the multiple PLHCP review mechanism provided by this section so long as the alternate mechanism otherwise satisfies the requirements contained in this section.

(4) Information Provided to Examining and Consulting PLHCPs.

(A) The employer shall provide the following information to an initial PLHCP conducting a medical examination or consultation under the provisions of this section:

1. A copy of this regulation and its appendices;

2. A description of the affected employee's duties as they relate to the employee's exposure;

3. The employee's exposure level or anticipated exposure level to lead and to any other toxic substance (if applicable);

4. A description of any personal protective equipment used or to be used;

5. Prior blood lead test results; and

6. All prior written medical opinions concerning the employee in the employer's possession or control.

7. A copy of the written elevated blood lead level response plan for that employee as required by subsection (j)(2)(E)1.

(B) The employer shall provide the foregoing information to a second or third PLHCP conducting a medical examination or consultation under this section upon request either by the second or third PLHCP, or by the employee.

(5) PLHCP's Written Medical Report for the Employee.

The employer shall ensure that the examining PLHCP explains to the employee the results of the medical examination and provides each employee with a written medical report within 30 days of each medical examination performed. The written report shall contain:

(A) The PLHCP's opinion as to whether the employee has any detected health-related condition that would place the employee's health, including the ability to procreate a healthy child, at increased risk of material impairment from exposure to lead;

(B) Any recommended special protective measures to be provided to the employee, or recommended limitations to be placed upon the employee's exposure to lead;

(C) Any recommended limitations upon the employee's use of respirators, including a determination of whether the employee should wear a powered air-purifying respirator instead of a non-powered air-purifying respirator;

(D) The employee's blood lead test results;

(E) Any recommended follow-up blood lead testing and medical examinations and the timing of each; and

(F) The PLHCP's opinion as to whether the employee has any health-related condition, occupational or non-occupational, that dictates further medical examination or treatment.

(6) PLHCP's Written Medical Opinion for the Employer.

(A) The employer shall obtain a written medical opinion from the examining PLHCP within 30 days of the medical examination. The written opinion shall contain the information required by subsections (j)(5)(A) through (j)(5)(E), except as specified in subsection (j)(6)(B).

(B) The employer shall instruct the examining PLHCP to not include either in the written opinion to the employer, or in any other means of communication with the employer, findings, including laboratory results, or diagnoses unrelated to the employee's occupational exposure to lead.

(7) Chelation.

(A) The employer shall ensure that any person whom the employer retains, employs, supervises, or controls does not engage in prophylactic chelation of any employee at any time.

(B) If therapeutic or diagnostic chelation is to be performed by any person in subsection (j)(7)(A), the employer shall ensure that it be done by a PLHCP in a clinical setting with thorough and appropriate medical monitoring and that the employee is notified in writing prior to its occurrence.

(k) Medical Removal Protection.

(1) Temporary Removal Due to Elevated Blood Lead Levels.

The employer shall remove an employee from work having an exposure to lead at or above the action level, altering or disturbing any material containing lead at a concentration equal to or greater than 0.5% by weight, or torch cutting any scrap metal, on each occasion that:

(A) The last blood lead test indicates that the employee's blood lead level is at or above 30 µg/dl; µ.

(B) Effective January 1, 2026, the employee's last two blood lead test results are at or above 20 µg/dl; or

(C) Effective January 1, 2026, the average of the results of all blood lead tests conducted for the employee in the last 6 months is at or above 20 µg/dl; however, an employee need not be removed if the last blood lead test indicates a blood lead level below 15 µg/dl.

(2) Temporary Removal Due to a Final Medical Determination.

(A) The employer shall remove an employee from work having an exposure to lead at or above the action level, altering or disturbing any material containing lead at a concentration equal to or greater than 0.5% by weight, or torch cutting any scrap metal, on each occasion that a final medical determination results in a medical finding, determination, or opinion that the employee has a detected health-related condition which places the employee's health, including the ability to procreate a healthy child, at increased risk of material impairment from exposure to lead.

(B) The phrase "final medical determination" means the written medical opinion on the employee's health status by the examining PLHCP or, where relevant, the outcome of the multiple PLHCP review mechanism or alternate PLHCP determination mechanism used pursuant to the medical surveillance provisions of this section.

(C) Where a final medical determination results in any recommended special protective measures for an employee, or limitations on an employee's exposure to lead, the employer shall implement and act consistent with the recommendation.

(3) Return of the Employee to Former Job Status.

(A) The employer shall return an employee to their former job status:

1. For an employee removed under subsection (k)(1), when two consecutive blood lead tests, taken at least 30 days apart, both indicate that the employee's blood lead level is below 15 µg/dl; and

2. For an employee removed due to a final medical determination, when a subsequent final medical determination results in a medical finding, determination, or opinion that the employee no longer has a detected health-related condition which places the employee's health, including the ability to procreate a healthy child, at increased risk of material impairment from exposure to lead.

(B) For the purposes of this section, the requirement that an employer return an employee to their former job status is not intended to expand upon or restrict any rights an employee has or would have had, absent temporary medical removal, to a specific job classification or position under the terms of a collective bargaining agreement.

(4) Removal of Other Employee Special Protective Measures or Limitations. The employer shall remove any limitations placed on an employee or end any special protective measures provided to an employee pursuant to a final medical determination when a subsequent final medical determination indicates that the limitations or special protective measures are no longer necessary.

(5) Employer Options Pending a Final Medical Determination. Where the multiple PLHCP review mechanism, or alternate PLHCP determination mechanism used pursuant to the medical surveillance provisions of this section, has not yet resulted in a final medical determination with respect to an employee, the employer shall act as follows:

(A) Removal. The employer may remove the employee from exposure to lead, provide special protective measures to the employee, or place limitations upon the employee, consistent with the medical findings, determinations, or recommendations of any of the PLHCPs who have reviewed the employee's health status.

(B) Return. The employer may return the employee to their former job status, end any special protective measures provided to the employee, and remove any limitations placed upon the employee, consistent with the medical findings, determinations, or recommendations of any of the PLHCPs who have reviewed the employee's health status.

Exception 1: If the initial removal, special protection, or limitation of the employee resulted from a final medical determination which differed from the findings, determinations, or recommendations of the initial PLHCP.

Exception 2: If the employee has been on removal status for the preceding eighteen months due to an elevated blood lead level, the employer shall await a final medical determination.

(6) Medical Removal Protection Benefits.

(A) Provision of Medical Removal Protection Benefits. The employer shall provide to an employee up to eighteen (18) months of medical removal protection benefits on each occasion that an employee is removed from exposure to lead or otherwise limited pursuant to this section.

(B) Definition of Medical Removal Protection Benefits. For the purposes of this section, the requirement that an employer provide medical removal protection benefits means that the employer shall maintain the earnings, seniority and other employment rights and benefits of an employee, including the employee's right to their former job status, as though the employee had not been medically removed from the employee's job or otherwise medically limited.

(C) Follow-Up Medical Surveillance During the Period of Employee Removal or Limitation. During the period of time that an employee is medically removed from the employee's job or otherwise medically limited, the employer may condition the provision of medical removal protection benefits upon the employee's participation in follow-up medical surveillance made available pursuant to this section.

(D) Workers' Compensation Claims. If a removed employee files a claim for workers' compensation payments for a lead-related disability, then the employer shall continue to provide medical removal protection benefits 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 employer's medical removal protection obligation shall be reduced by such amount. The employer shall receive no credit for workers' compensation payments received by the employee for treatment related expenses.

(E) Other Credits. The employer's obligation to provide medical removal protection benefits to a removed employee shall be reduced to the extent that the employee receives compensation for earnings lost during the period of removal either from a publicly or employer-funded compensation program, or receives income from employment with another employer made possible by virtue of the employee's removal.

(F) Employees Whose Blood Lead Levels Do Not Adequately Decline Within 18 Months of Removal. The employer shall take the following measures with respect to any employee removed from exposure to lead due to an elevated blood lead level whose blood lead level has not declined within the past eighteen (18) months of removal so that the employee has been returned to their former job status.

1. The employer shall make available to the employee a medical examination pursuant to this section to obtain a final medical determination with respect to the employee.

2. The employer shall ensure that the final medical determination obtained indicates whether or not the employee may be returned to their former job status, and if not, what steps should be taken to protect the employee's health.

3. Where the final medical determination has not yet been obtained, or once obtained indicates that the employee may not yet be returned to their former job status, the employer shall continue to provide medical removal protection benefits to the employee until either the employee is returned to former job status, or a final medical determination is made that the employee is incapable of ever safely returning to their former job status.

4. Where the employer acts pursuant to a final medical determination which permits the return of the employee to their former job status despite what would otherwise be an unacceptable blood lead level, later questions concerning removing the employee again shall be decided by a final medical determination. The employer need not automatically remove such an employee pursuant to the blood lead level removal criteria provided by this section.

(G) Voluntary Removal or Restriction of an Employee. Where an employer, although not required by this section to do so, removes an employee from exposure to lead or otherwise places limitations on an employee due to the effects of lead exposure on the employee's health-related condition, the employer shall provide medical removal protection benefits to the employee equal to those required by subsections (k)(6)(A) and (B).

(l) Employee Information and Training.

(1) Training Program.

(A) Each employer who has a workplace which falls within the scope of this section shall inform employees with occupational exposure to lead of the content of Appendices A and B of this regulation.

(B) For all employees occupationally exposed to lead, the employer shall provide training covering the purpose and content of, and methods used to comply with, the housekeeping and hygiene requirements specified in subsections (h), (i)(1) and (i)(5). Where applicable, this training shall include how to follow written safe hydration procedures implemented in accordance with the exception to subsection (i)(1)(A). This training shall be provided prior to the time of initial job assignment, and at least annually thereafter.

(C) For the employees listed below, the employer shall provide a training program:

1. For employees who are exposed to lead at or above the action level on any day;

2. For employees for whom the possibility exists of skin or eye irritation from exposure to lead (e.g. lead arsenate, lead azide); and

3. As interim protection, in accordance with subsection (d)(2), for employees who perform PSLW.

(D) The employer shall ensure that all employees covered under subsection (l)(1)(C) participate in the training program, and that the training, and any training materials used, are appropriate to the educational level, literacy level, and language of these employees.

(E) For each employee covered by subsection (l)(1)(C), the employer shall provide initial training covering all content in subsection (l)(1)(F) prior to the time of initial job assignment, and at least annually thereafter.

(F) The employer shall ensure that effective training on the following topics is provided for each employee covered by subsection (l)(1)(C):

1. The content of this standard and its appendices;

2. The specific nature of the operations that could result in exposure to lead at or above the action level, or that constitute PSLW;

3. The purpose and content of, and methods used to comply with, the hygiene requirements specified in subsections (i)(2) through (i)(4);

4. The purpose, proper selection, fitting, use, and limitations of respirators;

5. The purpose and a description of the medical surveillance program and the medical removal protection program;

6. The health effects of exposure to lead (with particular attention to cardiovascular effects), including low-level chronic exposure;

7. The damage caused to both male and female reproductive health by low-level lead exposure, including damage associated with blood lead levels under 5 µg/dl;

8. The employer's duty, as required by subsection (j)(3)(A), to make medical examinations and consultations available to each employee who notifies the employer that they desire medical advice concerning their ability to procreate a healthy child, when the employee is exposed at or above the action level, and as interim protection, to an employee who performs PSLW, unless the employee's exposure or work is covered by the exception in subsection (j)(1)(A);

9. The routes of exposure to lead, including inhalation of airborne lead and ingestion of lead from contaminated hands and other surfaces;

10. The possibility that lead contamination brought into personal vehicles or the home on an employee's clothes, shoes, and body will endanger the health of household members, especially that of young children and pregnant people;

11. The recommendation to shower immediately upon returning home from work to minimize take-home lead exposure;

Note: When employees are exposed above the PEL, the employer must provide shower facilities and ensure that employees shower at the end of the work shift, in accordance with subsection (i)(3).

12. The engineering controls and work practices associated with the employee's job assignment;

13. The contents of any compliance plan in effect;

14. Instructions that chelating agents should not routinely be used to remove lead from the body and should not be used at all except by a PLHCP; and

15. The employee's right of access to their exposure and medical records under section 3204.

(2) Access to Information and Training Materials.

(A) The employer shall make a copy of this standard and its appendices readily available to all affected employees including employees exposed below the action level.

(B) The employer shall provide, upon request, all materials relating to the employee information and training program to the Chief.

(m) Communication of Hazards.

(1) Hazard Communication -- General.

(A) Chemical manufacturers, importers, distributors and employers shall comply with all requirements of the Hazard Communication Standard (HCS) (section 5194) for lead.

(B) In classifying the hazards of lead at least the following hazards are to be addressed: cardiovascular effects; reproductive/developmental toxicity; central nervous system effects; kidney effects; blood effects; and acute toxicity effects.

(C) Employers shall include lead in the hazard communication program established to comply with the HCS (section 5194). Employers shall ensure that each employee has access to labels on containers of lead and to safety data sheets, and is trained in accordance with the requirements of HCS and subsection (l) of this section.

(2) Signs.

(A) The employer shall post a warning sign:

1. in each work area where employee exposures are at or above the action level; and

2. as interim protection, in accordance with subsection (d)(2), in each work area where PSLW is performed.

(B) The sign shall bear the following legend:

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

(C) The employer shall ensure that no statement appears on or near any sign required by this subsection (m)(2) which contradicts or detracts from the meaning of the required sign.

(D) The employer shall ensure that signs required by this subsection (m)(2) are illuminated and cleaned as necessary so that the legend is readily visible.

(E) The employer may use signs required by other statutes, regulations, or ordinances in addition to, or in combination with, signs required by this subsection (m)(2).

Exception: The employer is not required to post the specified warning sign in a work area where employees are exposed to lead at or below 50 µg/m3 without regard to the use of respirators where the employer has implemented written safe hydration procedures in accordance with the exception to subsection (i)(1)(A).

(F) The employer shall ensure that warning signs required by subsection (m)(2) are in a language understandable to employees.

(n) Recordkeeping.

(1) Exposure Monitoring.

(A) The employer shall establish and maintain an accurate record of all monitoring required in subsection (d).

(B) This record shall include:

1. The date(s), number, duration, location and results of each of the samples taken, including a description of the sampling procedure used to determine representative employee exposure where applicable;

2. A description of the sampling and analytical methods used and evidence of their accuracy;

3. The type of respiratory protective devices worn, if any;

4. The name, another unique identifier (such as date of birth or employee identification number), and job classification of the employee monitored and of all other employees whose exposure the measurement is intended to represent; and

5. The work operations performed by the monitored employees and the workplace conditions under which they were performed, including the processes, types of material, control methods, and work practices used, as well as the environmental conditions prevailing during the monitored operations.

(C) The employer shall maintain these monitoring records for at least 40 years or for the duration of employment plus 20 years, whichever is longer.

(2) Written Compliance Program Review.

Records of the semi-annual revision and update of the employer's written compliance program, required under subsection (e)(2)(A), shall include the name of the person(s) who reviewed the program, the date the review was completed, and a summary of the revisions and updates to the program. The records shall be retained for three years.

(3) Medical Surveillance.

(A) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance as required by subsection (j).

(B) This record shall include:

1. The name, another unique identifier (such as date of birth or employee identification number), and description of the duties of the employee;

2. A copy of the PLHCP's written opinions;

3. Results of any monitoring of exposure to airborne lead done for that employee and the representative exposure level supplied to the PLHCP; and

4. Any employee medical complaints related to exposure to lead.

(C) The employer shall keep, or ensure that the examining PLHCP keeps, the following medical records:

1. A copy of the medical examination results including medical and work history required under subsection (j).

2. A description of the laboratory procedures and a copy of any standards or guidelines used to interpret the test results or references to that information.

3. A copy of the results of blood lead testing.

(D) The employer shall maintain or ensure that the PLHCP maintains those medical records for at least 40 years, or for the duration of employment plus 20 years, whichever is longer.

(4) Written Elevated Blood Lead Level Response Plans.

Written elevated blood lead level response plans, required under subsection (j)(2)(E), shall be retained for three years.

(5) Medical Removals.

(A) The employer shall establish and maintain an accurate record for each employee removed from current exposure to lead pursuant to subsection (k).

(B) Each record shall include:

1. The name and another unique identifier (such as date of birth or employee identification number) of the employee;

2. The date on each occasion that the employee was removed from current exposure to lead as well as the corresponding date on which the employee was returned to their former job status;

3. A brief explanation of how each removal was or is being accomplished; and

4. A statement with respect to each removal indicating whether or not the reason for the removal was an elevated blood lead level.

(C) The employer shall maintain each medical removal record for at least the duration of an employee's employment.

(6) Training.

(A) After conducting any training required by this section, the employer shall prepare a record that indicates the name and job classification of each employee trained, the date of the training, the name of the person(s) who conducted the training, and the topic(s) of the training.

(B) Training records shall be maintained for three years.

(7) Availability.

(A) The employer shall make available upon request all records required to be maintained by this subsection to the Chief and the Director for examination and copying.

(B) Environmental monitoring, medical removal, and medical records required by this section shall be provided upon request to employees, designated representatives, and authorized representatives of the Chief in accordance with section 3204. Medical removal records shall be provided as prescribed by section 3204 for monitoring records.

(8) Transfer of Records.

(A) Whenever the employer ceases to do business, the successor employer shall receive and retain all records required to be maintained by subsection (n).

(B) Whenever the employer ceases to do business and there is no successor employer to receive and retain the records required to be maintained by this section for the prescribed period, these records shall be transmitted to the Director.

(C) At the expiration of the retention period for the records required to be maintained by this section, the employer shall notify the Director at least 3 months prior to the disposal of such records and shall transmit those records to the Director if requested within the period.

(D) The employer shall also comply with any additional requirements involving the transfer of records set forth in section 3204.

(o) Observation of Monitoring.

(1) Employee observation. The employer shall provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to lead conducted pursuant to subsection (d).

(2) Observation procedures.

(A) 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 employer shall provide the observer with and ensure the use of such respirators, clothing and equipment, and shall require the observer to comply with all other applicable safety and health procedures.

(B) Without interfering with the monitoring, observers shall be entitled to:

1. Receive an explanation of the measurement procedures;

2. Observe all steps related to the monitoring of lead performed at the place of exposure; and

3. Record the results obtained or receive copies of the results when returned by the laboratory.

(p) Appendices.

The information contained in the appendices to this section is not intended to create any additional obligations not otherwise imposed by this standard nor detract from any existing obligation.