# WAC 296-62-07521: WAC 296-62-07521. Lead

> Washington · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_296_62_07521

## Section

- **Citation:** WAC 296-62-07521
- **Heading:** WAC 296-62-07521. Lead
- **Jurisdiction:** Washington
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Washington Administrative Code / Title 296 / Chapter 296-62 / Section 296-62-07521

## Text

(1) Scope and application.
(a) This section applies to all occupational exposure to lead, except as provided in subdivision (1)(b).
(b) This section does not apply to the construction industry or to agricultural operations covered by chapter 296-307 WAC.
(2) Definitions as applicable to this part.
(a) Action level. Employee exposure, without regard to the use of respirators, to an airborne concentration of lead of thirty micrograms per cubic meter of air (30 µg/m 3 ) averaged over an eight-hour period.
(b) Director. The director of the department of labor and industries.
(c) Lead. Metallic lead, all inorganic lead compounds, and organic lead soaps. Excluded from this definition are all other organic lead compounds.
(3) General requirements.
(a) Employers will assess the hazards of lead in the work place and provide information to the employees about the hazards of the lead exposures to which they may be exposed.
(b) Information provided must include:
(i) Exposure monitoring (including employee notification);
(ii) Written compliance programs;
(iii) Respiratory protection programs;
(iv) Personnel protective equipment and housekeeping;
(v) Medical surveillance and examinations;
(vi) Training requirements;
(vii) Recordkeeping requirements.
(4) Permissible exposure limit (PEL).
(a) The employer must ensure that no employee is exposed to lead at concentrations greater than fifty micrograms per cubic meter of air (50 µg/m 3 ) averaged over an eight-hour period.
(b) If an employee is exposed to lead for more than eight hours in any work day, the permissible exposure limit, as a time weighted average (TWA) for that day, must be reduced according to the following formula:
Maximum permissible limit (in µg/m 3 ) = 400 ÷ hours worked in the day.
concentrations greater than fifty micrograms per cubic meter of air (50 µg/m 3 ) averaged over an eight-hour period.
(b) If an employee is exposed to lead for more than eight hours in any work day, the permissible exposure limit, as a time weighted average (TWA) for that day, must be reduced according to the following formula:
Maximum permissible limit (in µg/m 3 ) = 400 ÷ hours worked in the day.
(c) When respirators are used to supplement engineering and work practice controls to comply with the PEL and all the requirements of subsection (7) 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.
(5) Exposure monitoring.
(a) General.
(i) For the purposes of subsection (5), employee exposure is that exposure which would occur if the employee were not using a respirator.
(ii) With the exception of monitoring under subdivision (5)(c), the employer must collect full shift (for at least seven continuous hours) personal samples including at least one sample for each shift for each job classification in each work area.
(iii) Full shift personal samples must be representative of the monitored employee's regular, daily exposure to lead.
(b) Initial determination. Each employer who has a workplace or work operation covered by this standard must determine if any employee may be exposed to lead at or above the action level.
(c) Basis of initial determination.
each shift for each job classification in each work area.
(iii) Full shift personal samples must be representative of the monitored employee's regular, daily exposure to lead.
(b) Initial determination. Each employer who has a workplace or work operation covered by this standard must determine if any employee may be exposed to lead at or above the action level.
(c) Basis of initial determination.
(i) The employer must monitor employee exposures and must base initial determinations on the employee exposure monitoring results and any of the following, relevant considerations:
(A) Any information, observations, or calculations which would indicate employee exposure to lead;
(B) Any previous measurements of airborne lead; and
(C) Any employee complaints of symptoms which may be attributable to exposure to lead.
(ii) 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 airborne concentrations of lead in the workplace.
(iii) Measurements of airborne lead made in the preceding twelve months may be used to satisfy the requirement to monitor under item (5)(c)(i) if the sampling and analytical methods used meet the accuracy and confidence levels of subdivision (5)(i) of this section.
(d) Positive initial determination and initial monitoring.
(i) Where a determination conducted under subdivisions (5)(b) and (5)(c) of this section shows the possibility of any employee exposure at or above the action level, the employer must conduct monitoring which is representative of the exposure for each employee in the workplace who is exposed to lead.
(ii) Measurements of airborne lead made in the preceding twelve months may be used to satisfy this requirement if the sampling and analytical methods used meet the accuracy and confidence levels of subdivision (5)(i) of this section.
at or above the action level, the employer must conduct monitoring which is representative of the exposure for each employee in the workplace who is exposed to lead.
(ii) Measurements of airborne lead made in the preceding twelve months may be used to satisfy this requirement if the sampling and analytical methods used meet the accuracy and confidence levels of subdivision (5)(i) of this section.
(e) Negative initial determination. Where a determination, conducted under subdivisions (5)(b) and (5)(c) of this section is made 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 at least the information specified in subdivision (5)(c) of this section and must also include the date of determination, location within the worksite, and the name and Social Security number of each employee monitored.
(f) Frequency.
(i) If the initial monitoring reveals employee exposure to be below the action level the measurements need not be repeated except as otherwise provided in subdivision (5)(g) of this section.
(ii) If the initial determination or subsequent monitoring reveals employee exposure to be at or above the action level but below the permissible exposure limit the employer must repeat monitoring in accordance with this subsection at least every six months. The employer must continue monitoring at the required frequency until at least two consecutive measurements, taken at least seven days apart, are below the action level at which time the employer may discontinue monitoring for that employee except as otherwise provided in subdivision (5)(g) of this section.
ployer must repeat monitoring in accordance with this subsection at least every six months. The employer must continue monitoring at the required frequency until at least two consecutive measurements, taken at least seven days apart, are below the action level at which time the employer may discontinue monitoring for that employee except as otherwise provided in subdivision (5)(g) of this section.
(iii) If the initial monitoring reveals that employee exposure is above the permissible exposure limit the employer must repeat monitoring quarterly. The employer must continue monitoring at the required frequency until at least two consecutive measurements, taken at least seven days apart, are below the PEL but at or above the action level at which time the employer must repeat monitoring for that employee at the frequency specified in item (5)(f)(ii), except as otherwise provided in subdivision (5)(g) of this section.
(g) 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.
(h) Employee notification.
(i) Within five working days after the receipt of monitoring results, the employer must notify each employee in writing of the results which represent that employee's exposure.
(ii) Whenever the results indicate that the representative employee exposure, without regard to respirators, exceeds the permissible exposure limit, the employer must 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.
(i) Reserved.
.
(ii) Whenever the results indicate that the representative employee exposure, without regard to respirators, exceeds the permissible exposure limit, the employer must 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.
(i) Reserved.
(j) Accuracy of measurement. The employer must use a method of monitoring and analysis which has an accuracy (to a confidence level of ninety-five percent) of not less than plus or minus twenty percent for airborne concentrations of lead equal to or greater than 30 µg/m 3 .
(6) Methods of compliance.
(a) Engineering and work practice controls.
(i) Where any employee is exposed to lead above the permissible exposure limit for more than thirty days per year, the employer must implement engineering and work practice controls (including administrative controls) to reduce and maintain employee exposure to lead in accordance with the implementation schedule in Table I below, except to the extent that the employer can demonstrate that such controls are not feasible. Wherever the engineering and work practice controls which can be instituted are not sufficient to reduce employee exposure to or below the permissible exposure limit, the employer must nonetheless use them to reduce exposures to the lowest feasible level and must supplement them by the use of respiratory protection which complies with the requirements of subsection (7) of this section.
t feasible. Wherever the engineering and work practice controls which can be instituted are not sufficient to reduce employee exposure to or below the permissible exposure limit, the employer must nonetheless use them to reduce exposures to the lowest feasible level and must supplement them by the use of respiratory protection which complies with the requirements of subsection (7) of this section.
(ii) Where any employee is exposed to lead above the permissible exposure limit, but for thirty days or less per year, the employer must implement engineering controls to reduce exposures to 200 µg/m 3 , but thereafter may implement any combination of engineering, work practice (including administrative controls), and respiratory controls to reduce and maintain employee exposure to lead to or below 50 µg/m 3 .
TABLE 1
Industry Compliance dates: 1 (50 µg/m 3 ) Lead chemicals, secondary copper smelting. July 19, 1996 Nonferrous foundries. . . . July 19, 1996. 2 Brass and bronze ingot manufacture. 6 years. 3
Industry
Compliance dates: 1
(50 µg/m 3 )
Lead chemicals, secondary copper smelting.
July 19, 1996
Nonferrous foundries. . . .
July 19, 1996. 2
Brass and bronze ingot manufacture.
6 years. 3
1
Calculated by counting from the date the stay on implementation of subsection (6)(a) was lifted by the U.S. Court of Appeals for the District of Columbia, the number of years specified in the 1978 lead standard and subsequent amendments for compliance with the PEL of 50 µg/m 3 for exposure to airborne concentrations of lead levels for the particular industry.
2
Large nonferrous foundries (20 or more employees) are required to achieve the PEL of 50 µg/m 3 by means of engineering and work practice controls. Small nonferrous foundries (fewer than 20 employees) are required to achieve an 8-hour TWA of 75 µg/m 3 by such controls
ments for compliance with the PEL of 50 µg/m 3 for exposure to airborne concentrations of lead levels for the particular industry.
2
Large nonferrous foundries (20 or more employees) are required to achieve the PEL of 50 µg/m 3 by means of engineering and work practice controls. Small nonferrous foundries (fewer than 20 employees) are required to achieve an 8-hour TWA of 75 µg/m 3 by such controls.
3
Expressed as the number of years from the date on which the Court lifts the stay on the implementation of subsection (6)(a) for this industry for employers to achieve a lead in air concentration of 75 µg/m 3 . Compliance with subsection (6) in this industry is determined by a compliance directive that incorporates elements from the settlement agreement between OSHA and representatives of the industry.
(b) Respiratory protection. Where engineering and work practice controls do not reduce employee exposure to or below the 50 µg/m 3 permissible exposure limit, the employer must supplement these controls with respirators in accordance with subsection (7).
(c) Compliance program.
(i) Each employer must establish and implement a written compliance program to reduce exposures to or below the permissible exposure limit, and interim levels if applicable, solely by means of engineering and work practice controls in accordance with the implementation schedule in subdivision (6)(a).
(ii) Written plans for these compliance programs must include at least the following:
(A) 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;
(B) 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;
(C) A report of the technology considered in meeting the permissible exposure limit;
(D) Air monitoring data which documents the source of lead emissions;
(E) A deta
ng procedures and maintenance practices;
(B) 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;
(C) A report of the technology considered in meeting the permissible exposure limit;
(D) Air monitoring data which documents the source of lead emissions;
(E) A detailed schedule for implementation of the program, including documentation such as copies of purchase orders for equipment, construction contracts, etc.;
(F) A work practice program which includes items required under subsections (8), (9) and (10) of this regulation;
(G) An administrative control schedule required by subdivision (6)(f), if applicable; and
(H) Other relevant information.
(iii) Written programs must be submitted upon request to the director, and must be available at the worksite for examination and copying by the director, any affected employee or authorized employee representatives.
(iv) Written programs must be revised and updated at least every six months to reflect the current status of the program.
(d) Mechanical ventilation.
(i) 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 must be made at least every three months. Measurements of the system's effectiveness in controlling exposure must be made within five days of any change in production, process, or control which might result in a change in employee exposure to lead.
(ii) Recirculation of air. If air from exhaust ventilation is recirculated into the workplace, the employer must ensure that (A) the system has a high efficiency filter with reliable back-up filter; and (B) controls to monitor the concentration of lead in the return air and to bypass the recirculation system automatically if it fails are installed, operating, and maintained.
oyee exposure to lead.
(ii) Recirculation of air. If air from exhaust ventilation is recirculated into the workplace, the employer must ensure that (A) the system has a high efficiency filter with reliable back-up filter; and (B) controls to monitor the concentration of lead in the return air and to bypass the recirculation system automatically if it fails are installed, operating, and maintained.
(e) Administrative controls. If administrative controls are used as a means of reducing employees TWA exposure to lead, the employer must establish and implement a job rotation schedule which includes:
(i) Name or identification number of each affected employee;
(ii) Duration and exposure levels at each job or work station where each affected employee is located; and
(iii) Any other information which may be useful in assessing the reliability of administrative controls to reduce exposure to lead.
(7) Respiratory protection.
(a) General. For employees who use respirators required by this section, the employer must provide each employee an appropriate respirator that complies with the requirements of this subsection. Respirators must be used during:
(i) Period necessary to install or implement engineering or work-practice controls;
(ii) Work operations for which engineering and work-practice controls are not sufficient to reduce exposures to or below the permissible exposure limit;
(iii) Periods when an employee requests a respirator.
(b) Respirator program.
(i) The employer must develop, implement and maintain a respiratory protection program as required by chapter 296-842 WAC, Respirators, which covers each employee required by this chapter to use a respirator.
(ii) If an employee has breathing difficulty during fit testing or respirator use, the employer must provide the employee with a medical examination as required by subsection (11)(c)(ii)(C) of this section to determine whether or not the employee can use a respirator while performing the required duty.
(c) Respirator selection. The employer must:
loyee required by this chapter to use a respirator.
(ii) If an employee has breathing difficulty during fit testing or respirator use, the employer must provide the employee with a medical examination as required by subsection (11)(c)(ii)(C) of this section to determine whether or not the employee can use a respirator while performing the required duty.
(c) Respirator selection. The employer must:
(i) Select and provide to employees appropriate respirators according to this section and WAC 296-842-13005 , found in the respirator rule.
(ii) Provide employees with a powered air-purifying respirator (PAPR) instead of a negative-pressure respirator selected when an employee chooses to use a PAPR and it provides adequate protection to the employee.
(iii) Provide employees with full-facepiece respirators instead of half-facepiece respirators for protection against lead aerosols that cause eye or skin irritation at the use concentration.
(iv) Provide HEPA filters or N-, R-, or P-100 filters for powered air-purifying respirators (PAPRs) and negative-pressure air-purifying respirators.
(8) Protective work clothing and equipment.
(a) Provision and use. If an employee is exposed to lead above the PEL, without regard to the use of respirators or where the possibility of skin or eye irritation exists, the employer must provide at no cost to the employee and ensure that the employee uses appropriate protective work clothing and equipment such as, but not limited to:
(i) Coveralls or similar full-body work clothing;
(ii) Gloves, hats, and shoes or disposable shoe coverlets; and
(iii) Face shields, vented goggles, or other appropriate protective equipment which complies with WAC 296-800-160 .
(b) Cleaning and replacement.
at no cost to the employee and ensure that the employee uses appropriate protective work clothing and equipment such as, but not limited to:
(i) Coveralls or similar full-body work clothing;
(ii) Gloves, hats, and shoes or disposable shoe coverlets; and
(iii) Face shields, vented goggles, or other appropriate protective equipment which complies with WAC 296-800-160 .
(b) Cleaning and replacement.
(i) The employer must provide the protective clothing required in subdivision (8)(a) of this section in a clean and dry condition at least weekly, and daily to employees whose exposure levels without regard to a respirator are over 200 µg/m 3 of lead as an eight-hour TWA.
(ii) The employer must provide for the cleaning, laundering, or disposal of protective clothing and equipment required by subdivision (8)(a) of this section.
(iii) The employer must repair or replace required protective clothing and equipment as needed to maintain their effectiveness.
(iv) The employer must ensure that all protective clothing is removed at the completion of a work shift only in change rooms provided for that purpose as prescribed in subdivision (10)(b) of this section.
(v) The employer must 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.
(vi) The employer must inform in writing any person who cleans or launders protective clothing or equipment of the potentially harmful effects of exposure to lead.
s section.
(v) The employer must 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.
(vi) The employer must inform in writing any person who cleans or launders protective clothing or equipment of the potentially harmful effects of exposure to lead.
(vii) The employer must ensure that the containers of contaminated protective clothing and equipment required by subdivision (8)(b)(v) are labeled as follows:
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.
(viii) The employer must prohibit the removal of lead from protective clothing or equipment by blowing, shaking, or any other means which disperses lead into the air.
(9) Housekeeping.
(a) Surfaces. All surfaces must be maintained as free as practicable of accumulations of lead.
(b) Cleaning floors.
(i) Floors and other surfaces where lead accumulates may not be cleaned by the use of compressed air.
(ii) 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.
(c) Vacuuming. Where vacuuming methods are selected, the vacuums must be used and emptied in a manner which minimizes the reentry of lead into the workplace.
(10) Hygiene facilities and practices.
(a) The employer must ensure that in areas where employees are exposed to lead above the PEL, without regard to the use of respirators, food or beverage is not present or consumed, tobacco products are not present or used, and cosmetics are not applied, except in change rooms, lunchrooms, and showers required under subdivision (10)(b) through (10)(d) of this section.
iene facilities and practices.
(a) The employer must ensure that in areas where employees are exposed to lead above the PEL, without regard to the use of respirators, food or beverage is not present or consumed, tobacco products are not present or used, and cosmetics are not applied, except in change rooms, lunchrooms, and showers required under subdivision (10)(b) through (10)(d) of this section.
(b) Change rooms.
(i) The employer must 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.
(ii) The employer must ensure that change rooms are equipped with separate storage facilities for protective work clothing and equipment and for street clothes which prevent cross-contamination.
(c) Showers.
(i) The employer must ensure that employees who work in areas where their airborne exposure to lead is above the PEL, without regard to the use of respirators, shower at the end of the work shift.
(ii) The employer must provide shower facilities in accordance with WAC 296-800-230 .
(iii) The employer must ensure that employees who are required to shower pursuant to item (10)(c)(i) do not leave the workplace wearing any clothing or equipment worn during the work shift.
(d) Lunchrooms.
(i) The employer must provide lunchroom facilities for employees who work in areas where their airborne exposure to lead is above the PEL, without regard to the use of respirators.
(ii) The employer must ensure that lunchroom facilities have a temperature controlled, positive pressure, filtered air supply, and are readily accessible to employees.
(iii) The employer must ensure that employees who work in areas where their airborne exposure to lead is above the PEL without regard to the use of a respirator wash their hands and face prior to eating, drinking, smoking or applying cosmetics.
loyer must ensure that lunchroom facilities have a temperature controlled, positive pressure, filtered air supply, and are readily accessible to employees.
(iii) The employer must ensure that employees who work in areas where their airborne exposure to lead is above the PEL without regard to the use of a respirator wash their hands and face prior to eating, drinking, smoking or applying cosmetics.
(iv) The employer must 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.
(e) Lavatories. The employer must provide an adequate number of lavatory facilities which comply with WAC 296-800-230 .
(11) Medical surveillance.
(a) General.
(i) The employer must institute a medical surveillance program for all employees who are or may be exposed at or above the action level for more than thirty days per year.
(ii) The employer must ensure that all medical examinations and procedures are performed by or under the supervision of a licensed physician.
(iii) The employer must provide the required medical surveillance including multiple physician review under item (11)(c)(iii) without cost to employees and at a reasonable time and place.
(b) Biological monitoring.
(i) Blood lead and ZPP level sampling and analysis. The employer must make available biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels to each employee covered under item (11)(a)(i) of this section on the following schedule:
(A) At least every six months to each employee covered under item (11)(a)(i) of this section;
(B) At least every two months for each employee whose last blood sampling and analysis indicated a blood lead level at or above 40 µg/100 g of whole blood
sampling and analysis for lead and zinc protoporphyrin levels to each employee covered under item (11)(a)(i) of this section on the following schedule:
(A) At least every six months to each employee covered under item (11)(a)(i) of this section;
(B) At least every two months for each employee whose last blood sampling and analysis indicated a blood lead level at or above 40 µg/100 g of whole blood. This frequency must continue until two consecutive blood samples and analyses indicate a blood lead level below 40 µg/100 g of whole blood; and
(C) At least monthly during the removal period of each employee removed from exposure to lead due to an elevated blood lead level.
(ii) Follow-up blood sampling tests. Whenever the results of a blood lead level test indicate that an employee's blood lead level is at or above the numerical criterion for medical removal under item (12)(a)(i)(A), the employer must provide a second (follow-up) blood sampling test within two weeks after the employer receives the results of the first blood sampling test.
(iii) Accuracy of blood lead level sampling and analysis. Blood lead level sampling and analysis provided pursuant to this section must have an accuracy (to a confidence level of ninety-five percent) within plus or minus fifteen percent or 6 µg/100 ml, whichever is greater, and must be conducted by a laboratory licensed by the Center for Disease Control (CDC), United States Department of Health, Education and Welfare or which has received a satisfactory grade in blood lead proficiency testing from CDC in the prior twelve months.
t have an accuracy (to a confidence level of ninety-five percent) within plus or minus fifteen percent or 6 µg/100 ml, whichever is greater, and must be conducted by a laboratory licensed by the Center for Disease Control (CDC), United States Department of Health, Education and Welfare or which has received a satisfactory grade in blood lead proficiency testing from CDC in the prior twelve months.
(iv) Employee notification. Within five working days after the receipt of biological monitoring results, the employer must notify in writing each employee whose blood lead level is at or above 40 µg/100g: (A) of that employee's blood lead level and (B) that the standard requires temporary medical removal with medical removal protection benefits when an employee's blood lead level exceeds the numerical criterion for medical removal under item (12)(a)(i) of this section.
(c) Medical examinations and consultations.
(i) Frequency. The employer must make available medical examinations and consultations to each employee covered under item (11)(a)(i) of this section on the following schedule:
(A) At least annually for each employee for whom a blood sampling test conducted at any time during the preceding twelve months indicated a blood lead level at or above 40 µg/100 g;
(B) Prior to assignment for each employee being assigned for the first time to an area in which airborne concentrations of lead are at or above the action level;
(C) 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 fitting test or during use; and
(D) As medically appropriate for each employee either removed from exposure to lead due to a risk of sustaining material impairment to health, or otherwise limited pursuant to a f
ng 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 fitting test or during use; and
(D) As medically appropriate for each employee either removed from exposure to lead due to a risk of sustaining material impairment to health, or otherwise limited pursuant to a final medical determination.
(ii) Content. Medical examinations made available pursuant to subitems (11)(c)(i)(A) through (B) of this section must include the following elements:
(A) A detailed work history and a medical history, with particular attention to past lead exposure (occupational and nonoccupational), personal habits (smoking, hygiene), and past gastrointestinal, hematologic, renal, cardiovascular, reproductive and neurological problems;
(B) A thorough physical examination, with particular attention to teeth, gums, hematologic, gastrointestinal, renal, cardiovascular, and neurological systems. Pulmonary status should be evaluated if respiratory protection will be used;
(C) A blood pressure measurement;
(D) A blood sample and analysis which determines:
(I) Blood lead level;
(II) Hemoglobin and hematocrit determinations, red cell indices, and examination of peripheral smear morphology;
(III) Zinc protoporphyrin;
(IV) Blood urea nitrogen; and
(V) Serum creatinine;
(E) A routine urinalysis with microscopic examination; and
(F) Any laboratory or other test which the examining physician deems necessary by sound medical practice.
The content of medical examinations made available pursuant to subitems (11)(c)(i)(C) through (D) of this section must be determined by an examining physician and, if requested by an employee, shall include pregnancy testing or laboratory evaluation of male fertility.
roscopic examination; and
(F) Any laboratory or other test which the examining physician deems necessary by sound medical practice.
The content of medical examinations made available pursuant to subitems (11)(c)(i)(C) through (D) of this section must be determined by an examining physician and, if requested by an employee, shall include pregnancy testing or laboratory evaluation of male fertility.
(iii) Multiple physician review mechanism.
(A) If the employer selects the initial physician who conducts any medical examination or consultation provided to an employee under this section, the employee may designate a second physician:
(I) To review any findings, determinations or recommendations of the initial physician; and
(II) To conduct such examinations, consultations, and laboratory tests as the second physician deems necessary to facilitate this review.
(B) The employer must promptly notify an employee of the right to seek a second medical opinion after each occasion that an initial physician conducts a medical examination or consultation pursuant to this section. The employer 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 foregoing notification, or receipt of the initial physician's written opinion, whichever is later:
(I) The employee informing the employer that they intend to seek a second medical opinion, and
(II) The employee initiating steps to make an appointment with a second physician.
(C) If the findings, determinations or recommendations of the second physician differ from those of the initial physician, then the employer and the employee must ensure that efforts are made for the two physicians to resolve any disagreement
orming the employer that they intend to seek a second medical opinion, and
(II) The employee initiating steps to make an appointment with a second physician.
(C) If the findings, determinations or recommendations of the second physician differ from those of the initial physician, then the employer and the employee must ensure that efforts are made for the two physicians to resolve any disagreement.
(D) If the two physicians have been unable to quickly resolve their disagreement, then the employer and the employee through their respective physicians must designate a third physician:
(I) To review any findings, determinations or recommendations of the prior physicians; and
(II) To conduct such examinations, consultations, laboratory tests and discussions with the prior physicians as the third physician deems necessary to resolve the disagreement of the prior physicians.
(E) The employer must act consistent with the findings, determinations and recommendations of the third physician, unless the employer and the employee reach an agreement which is otherwise consistent with the recommendations of at least one of the three physicians.
(iv) Information provided to examining and consulting physicians.
(A) The employer must provide an initial physician conducting a medical examination or consultation under this section with the following information:
(I) A copy of this regulation for lead including all appendices;
(II) A description of the affected employee's duties as they relate to the employee's exposure;
(III) The employee's exposure level or anticipated exposure level to lead and to any other toxic substance (if applicable);
(IV) A description of any personal protective equipment used or to be used;
(V) Prior blood lead determinations; and
(VI) All prior written medical opinions concerning the employee in the employer's possession or control
yee's duties as they relate to the employee's exposure;
(III) The employee's exposure level or anticipated exposure level to lead and to any other toxic substance (if applicable);
(IV) A description of any personal protective equipment used or to be used;
(V) Prior blood lead determinations; and
(VI) All prior written medical opinions concerning the employee in the employer's possession or control.
(B) The employer must provide the foregoing information to a second or third physician conducting a medical examination or consultation under this section upon request either by the second or third physician, or by the employee.
(v) Written medical opinions.
(A) The employer must obtain and furnish the employee with a copy of a written medical opinion from each examining or consulting physician which contains the following information:
(I) The physician's opinion as to whether the employee has any detected medical condition which would place the employee at increased risk of material impairment of the employee's health from exposure to lead;
(II) Any recommended special protective measures to be provided to the employee, or limitations to be placed upon the employee's exposure to lead;
(III) Any recommended limitation upon the employee's use of respirators, including a determination of whether the employee can wear a powered air purifying respirator if a physician determines that the employee cannot wear a negative pressure respirator; and
(IV) The results of the blood lead determinations.
(B) The employer must instruct each examining and consulting physician to:
(I) Not reveal either in the written opinion, or in any other means of communication with the employer, findings, including laboratory results, or diagnoses unrelated to an employee's occupational exposure to lead; and
(II) Advise the employee of any medical condition, occupational or nonoccupational, which dictates further medical examination or treatment.
h examining and consulting physician to:
(I) Not reveal either in the written opinion, or in any other means of communication with the employer, findings, including laboratory results, or diagnoses unrelated to an employee's occupational exposure to lead; and
(II) Advise the employee of any medical condition, occupational or nonoccupational, which dictates further medical examination or treatment.
(vi) Alternate physician determination mechanisms. The employer and an employee or authorized employee representative may agree upon the use of any expeditious alternate physician determination mechanism in lieu of the multiple physician review mechanism provided by this subsection so long as the alternate mechanism otherwise satisfies the requirements contained in this subsection.
(d) Chelation.
(i) The employer must ensure that any person whom he retains, employs, supervises or controls does not engage in prophylactic chelation of any employee at any time.
(ii) If therapeutic or diagnostic chelation is to be performed by any person in item (11)(d)(i), the employer must ensure that it be done under the supervision of a licensed physician in a clinical setting with thorough and appropriate medical monitoring and that the employee is notified in writing prior to its occurrence.
(12) Medical removal protection.
(a) Temporary medical removal and return of an employee.
(i) Temporary removal due to elevated blood lead levels
person in item (11)(d)(i), the employer must ensure that it be done under the supervision of a licensed physician in a clinical setting with thorough and appropriate medical monitoring and that the employee is notified in writing prior to its occurrence.
(12) Medical removal protection.
(a) Temporary medical removal and return of an employee.
(i) Temporary removal due to elevated blood lead levels.
(A) The employer must remove an employee from work having an exposure to lead at or above the action level on each occasion that a periodic and a follow-up blood sampling test conducted pursuant to this section indicate that the employee's blood lead level is at or above 60 µg/100g of whole blood; and
(B) The employer must remove an employee from work having an exposure to lead at or above the action level on each occasion that the average of the last three blood sampling tests conducted pursuant to this section (or the average of all blood sampling tests conducted over the previous six months, whichever is longer) indicates that the employee's blood lead level is at or above 50 µg/100g of whole blood; provided, however, that an employee need not be removed if the last blood sampling test indicates a blood lead level below 40 µg/100g of whole blood.
(ii) Temporary removal due to a final medical determination.
(A) The employer must remove an employee from work having an exposure to lead at or above the action level on each occasion that a final medical determination results in a medical finding, determination, or opinion that the employee has a detected medical condition which places the employee at increased risk of material impairment to health from exposure to lead.
(B) For the purposes of this section, the phrase "final medical determination" shall mean the outcome of the multiple physician review mechanism or alternate medical determination mechanism used pursuant to the medical surveillance provisions of this section
employee has a detected medical condition which places the employee at increased risk of material impairment to health from exposure to lead.
(B) For the purposes of this section, the phrase "final medical determination" shall mean the outcome of the multiple physician review mechanism or alternate medical 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 must implement and act consistent with the recommendation.
(iii) Return of the employee to former job status.
(A) The employer must return an employee to their former job status:
(I) For an employee removed due to a blood lead level at or above 60 µg/100g, or due to an average blood lead level at or above 50 µg/100g, when two consecutive blood sampling tests indicate that the employee's blood lead level is below 40 µg/100g of whole blood;
(II) 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 medical condition which places the employee at increased risk of material impairment to health 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.
risk of material impairment to health 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.
(iv) Removal of other employee special protective measure or limitations. The employer must 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.
(v) Employer options pending a final medical determination. Where the multiple physician review mechanism, or alternate medical 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 must 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 physicians 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 physicians who have reviewed the employee's health status, with two exceptions
ave 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 physicians who have reviewed the employee's health status, with two exceptions. If:
(I) 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 physician; or
(II) The employee has been on removal status for the preceding eighteen months due to an elevated blood lead level, then the employer must await a final medical determination.
(b) Medical removal protection benefits.
(i) Provision of medical removal protection benefits. The employer must provide to an employee up to eighteen 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.
(ii) 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 must maintain the earnings, seniority and other employment rights and benefits of an employee as though the employee had not been removed from normal exposure to lead or otherwise limited.
(iii) Follow-up medical surveillance during the period of employee removal or limitation. During the period of time that an employee is removed from normal exposure to lead or otherwise 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.
herwise limited.
(iii) Follow-up medical surveillance during the period of employee removal or limitation. During the period of time that an employee is removed from normal exposure to lead or otherwise 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.
(iv) Workers' compensation claims. If a removed employee files a claim for workers' compensation payments for a lead-related disability, then the employer must 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 must be reduced by such amount. The employer must not receive credit for workers' compensation payments received by the employee for treatment related expenses.
(v) 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.
(vi) Employees whose blood lead levels do not adequately decline within eighteen months of removal
ed 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.
(vi) Employees whose blood lead levels do not adequately decline within eighteen months of removal. The employer must 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 months of removal so that the employee has been returned to their former job status:
(A) The employer must make available to the employee a medical examination pursuant to this section to obtain a final medical determination with respect to the employee;
(B) The employer must 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;
(C) 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 must 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;
(D) 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 must 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.
nal 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 must 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.
(vii) 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 medical condition, the employer must provide medical removal protection benefits to the employee equal to that required by item (12)(b)(i) of this section.
(13) Employee information and training.
(a) Training program.
(i) Each employer who has a workplace in which there is a potential exposure to airborne lead at any level must inform employees of the content of Appendices A and B of this regulation.
(ii) The employer must train each employee who is subject to exposure to lead at or above the action level or for whom the possibility of skin or eye irritation exists, in accordance with the requirements of this section. The employer must institute a training program for and ensure the participation of all employees.
(iii) The employer must provide initial training by one hundred eighty days from the effective date for those employees covered by item (13)(a)(ii) on the standard's effective date and prior to the time of initial job assignment for those employees subsequently covered by this subsection.
(iv) The training program must be repeated at least annually for each employee.
articipation of all employees.
(iii) The employer must provide initial training by one hundred eighty days from the effective date for those employees covered by item (13)(a)(ii) on the standard's effective date and prior to the time of initial job assignment for those employees subsequently covered by this subsection.
(iv) The training program must be repeated at least annually for each employee.
(v) The employer must ensure that each employee is informed of the following:
(A) The content of this standard and its appendices;
(B) The specific nature of the operations which could result in exposure to lead above the action level;
(C) The purpose, proper use, limitations, and other training requirements for respiratory protection as required by chapter 296-842 WAC;
(D) The purpose and a description of the medical surveillance program, and the medical removal protection program including information concerning the adverse health effects associated with excessive exposure to lead (with particular attention to the adverse reproductive effects on both males and females);
(E) The engineering controls and work practices associated with the employee's job assignment;
(F) The contents of any compliance plan in effect; and
(G) Instructions to employees that chelating agents should not routinely be used to remove lead from their bodies and should not be used at all except under the direction of a licensed physician.
(b) Access to information and training materials.
es);
(E) The engineering controls and work practices associated with the employee's job assignment;
(F) The contents of any compliance plan in effect; and
(G) Instructions to employees that chelating agents should not routinely be used to remove lead from their bodies and should not be used at all except under the direction of a licensed physician.
(b) Access to information and training materials.
(i) The employer must make readily available to all affected employees a copy of this standard and its appendices.
(ii) The employer must provide, upon request, all materials relating to the employee information and training program to the director.
(iii) In addition to the information required by item (13)(a)(v), the employer must include as part of the training program, and must distribute to employees, any materials pertaining to the Occupational Safety and Health Act, the regulations issued pursuant to the act, and this lead standard, which are made available to the employer by the director.
(14) Communication of hazards.
(a) Hazard communication - General.
(i) Chemical manufacturers, importers, distributors and employers must comply with all requirements of the Hazard Communication Standard (HCS), WAC 296-901-140 for lead.
(ii) In classifying the hazards of lead at least the following hazards are to be addressed: Reproductive/developmental toxicity; central nervous system effects; kidney effects; blood effects; and acute toxicity effects.
(iii) Employers must include lead in the hazard communication program established to comply with the HCS, WAC 296-901-140 . Employers must 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 (13) of this section.
(b) Signs.
kidney effects; blood effects; and acute toxicity effects.
(iii) Employers must include lead in the hazard communication program established to comply with the HCS, WAC 296-901-140 . Employers must 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 (13) of this section.
(b) Signs.
(i) The employer must post the following warning signs in each work area where the PEL is exceeded:
DANGER
LEAD
MAY DAMAGE FERTILITY OR THE UNBORN CHILD
CAUSES DAMAGE TO THE CENTRAL NERVOUS SYSTEM
DO NOT EAT, DRINK OR SMOKE IN THIS AREA
(ii) The employer must ensure that no statement appears on or near any sign required by this section which contradicts or detracts from the meaning of the required sign.
(iii) The employer must ensure that signs required by this subsection are illuminated and cleaned as necessary so that the legend is readily visible.
(iv) The employer may use signs required by other statutes, regulations or ordinances in addition to, or in combination with, signs required by this subsection.
(15) Recordkeeping.
(a) Exposure monitoring.
(i) The employer must establish and maintain an accurate record of all monitoring required in subsection (5) of this section.
(ii) This record must include:
(A) 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;
(B) A description of the sampling and analytical methods used and evidence of their accuracy;
(C) The type of respiratory protective devices worn, if any;
(D) Name, Social Security number, and job classification of the employee monitored and of all other employees whose exposure the measurement is intended to represent; and
(E) The environmental variables that could affect the measurement of employee exposure.
tion of the sampling and analytical methods used and evidence of their accuracy;
(C) The type of respiratory protective devices worn, if any;
(D) Name, Social Security number, and job classification of the employee monitored and of all other employees whose exposure the measurement is intended to represent; and
(E) The environmental variables that could affect the measurement of employee exposure.
(iii) The employer must maintain these monitoring records for at least forty years or for the duration of employment plus twenty years, whichever is longer.
(b) Medical surveillance.
(i) The employer must establish and maintain an accurate record for each employee subject to medical surveillance as required by subsection (11) of this section.
(ii) This record must include:
(A) The name, Social Security number, and description of the duties of the employee;
(B) A copy of the physician's written opinions;
(C) Results of any airborne exposure monitoring done for that employee and the representative exposure levels supplied to the physician; and
(D) Any employee medical complaints related to exposure to lead.
(iii) The employer must keep, or ensure that the examining physician keeps, the following medical records:
(A) A copy of the medical examination results including medical and work history required under subsection (11) of this section;
(B) 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; and
(C) A copy of the results of biological monitoring.
(iv) The employer must maintain or ensure that the physician maintains those medical records for at least forty years, or for the duration of employment plus twenty years, whichever is longer.
(c) Medical removals.
ratory procedures and a copy of any standards or guidelines used to interpret the test results or references to that information; and
(C) A copy of the results of biological monitoring.
(iv) The employer must maintain or ensure that the physician maintains those medical records for at least forty years, or for the duration of employment plus twenty years, whichever is longer.
(c) Medical removals.
(i) The employer must establish and maintain an accurate record for each employee removed from current exposure to lead pursuant to subsection (12) of this section.
(ii) Each record must include:
(A) The name and Social Security number of the employee;
(B) 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 his or her former job status;
(C) A brief explanation of how each removal was or is being accomplished; and
(D) A statement with respect to each removal indicating whether or not the reason for the removal was an elevated blood lead level.
(iii) The employer must maintain each medical removal record for at least the duration of an employee's employment.
(d) Availability.
(i) The employer must make available upon request all records required to be maintained by subsection (15) of this section to the director for examination and copying.
(ii) Environmental monitoring, medical removal, and medical records required by this subsection must be provided upon request to employees, designated representatives, and the assistant director in accordance with chapter 296-802 WAC. Medical removal records must be provided in the same manner as environmental monitoring records.
(iii) Upon request, the employer must make an employee's medical records required to be maintained by this section available to the affected employee or former employee or to a physician or other individual designated by such affected employee or former employees for examination and copying.
6-802 WAC. Medical removal records must be provided in the same manner as environmental monitoring records.
(iii) Upon request, the employer must make an employee's medical records required to be maintained by this section available to the affected employee or former employee or to a physician or other individual designated by such affected employee or former employees for examination and copying.
(e) Transfer of records.
The employer must comply with any additional requirements involving transfer of records set forth in WAC 296-802-60005 .
(16) Observation of monitoring.
(a) Employee observation. The employer must provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to lead conducted pursuant to subsection (5) of this section.
(b) Observation procedures.
(i) 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 must provide the observer with and ensure the use of such respirators, clothing and such equipment, and must require the observer to comply with all other applicable safety and health procedures.
(ii) Without interfering with the monitoring, observers must be entitled to:
(A) Receive an explanation of the measurement procedures;
(B) Observe all steps related to the monitoring of lead performed at the place of exposure; and
(C) Record the results obtained or receive copies of the results when returned by the laboratory.
(17) Appendices. The information contained in the appendices to this section is not intended by itself, to create any additional obligations not otherwise imposed by this standard nor detract from any existing obligation.
(a) Appendix A. Substance Data Sheet for Occupational Exposure to Lead.
ure; and
(C) Record the results obtained or receive copies of the results when returned by the laboratory.
(17) Appendices. The information contained in the appendices to this section is not intended by itself, to create any additional obligations not otherwise imposed by this standard nor detract from any existing obligation.
(a) Appendix A. Substance Data Sheet for Occupational Exposure to Lead.
(i) Substance identification.
(A) Substance. Pure lead (Pb) is a heavy metal at room temperature and pressure and is a basic chemical element. It can combine with various other substances to form numerous lead compounds.
(B) Compounds covered by the standard. The word "lead" when used in this standard means elemental lead, all inorganic lead compounds (except those which are not biologically available due to either solubility or specific chemical interaction), and a class of organic lead compounds called lead soaps. This standard does not apply to other organic lead compounds.
(C) Uses. Exposure to lead occurs in at least one hundred twenty different occupations, including primary and secondary lead smelting, lead storage battery manufacturing, lead pigment manufacturing and use, solder manufacturing and use, shipbuilding and ship repairing, auto manufacturing, and printing.
(D) Permissible exposure. The Permissible Exposure Limit (PEL) set by the standard is 50 micrograms of lead per cubic meter of air (50 µg/m 3 ), averaged over an eight-hour work day.
(E) Action level. The standard establishes an action level of 30 micrograms per cubic meter of air (30 µg/m 3 ) time weighted average, based on an eight-hour work day. The action level initiates several requirements of the standard, such as exposure monitoring, medical surveillance, and training and education.
grams of lead per cubic meter of air (50 µg/m 3 ), averaged over an eight-hour work day.
(E) Action level. The standard establishes an action level of 30 micrograms per cubic meter of air (30 µg/m 3 ) time weighted average, based on an eight-hour work day. The action level initiates several requirements of the standard, such as exposure monitoring, medical surveillance, and training and education.
(ii) Health hazard data.
(A) Ways in which lead enters your body.
(I) When absorbed into your body in certain doses lead is a toxic substance. The object of the lead standard is to prevent absorption of harmful quantities of lead. The standard is intended to protect you not only from the immediate toxic effects of lead, but also from the serious toxic effects that may not become apparent until years of exposure have passed.
(II) Lead can be absorbed into your body by inhalation (breathing) and ingestion (eating). Lead (except for certain organic lead compounds not covered by the standard, such as tetraethyl lead) is not absorbed through your skin. When lead is scattered in the air as a dust, fume or mist, it can be inhaled and absorbed through your lungs and upper respiratory tract. Inhalation of airborne lead is generally the most important source of occupational lead absorption. You can also absorb lead through your digestive system if lead gets into your mouth and is swallowed. If you handle food, cigarettes, chewing tobacco, or make-up which have lead on them or handle them with hands contaminated with lead, this will contribute to ingestion.
(III) A significant portion of the lead that you inhale or ingest gets into your blood stream. Once in your blood stream lead is circulated throughout your body and stored in various organs and body tissues. Some of this lead is quickly filtered out of your body and excreted, but some remains in your blood and other tissue. As exposure to lead continues, the amount stored in your body will increase if you are absorbing more lead than your body is excreting
ngest gets into your blood stream. Once in your blood stream lead is circulated throughout your body and stored in various organs and body tissues. Some of this lead is quickly filtered out of your body and excreted, but some remains in your blood and other tissue. As exposure to lead continues, the amount stored in your body will increase if you are absorbing more lead than your body is excreting. Even though you may not be aware of any immediate symptoms of disease, this lead stored in your tissues can be slowly causing irreversible damage, first to individual cells, then to your organs and whole body systems.
(B) Effects of overexposure to lead.
(I) Short-term (acute) overexposure. Lead is a potent, systemic poison that serves no known useful function once absorbed by your body. Taken in large enough doses, lead can kill you in a matter of days. A condition affecting the brain called acute encephalopathy may arise which develops quickly to seizures, coma, and death from cardiorespiratory arrest. A short-term dose of lead can lead to acute encephalopathy. Short-term occupational exposures of this magnitude are highly unusual, but not impossible. Similar forms of encephalopathy may, however arise from extended, chronic exposure to lower doses of lead. There is no sharp dividing line between rapidly developing acute effects of lead, and chronic effects which take longer to acquire. Lead adversely affects numerous body systems, and causes forms of health impairment and disease which arise after periods of exposure as short as days or as long as several years.
(II) Long-term (chronic) overexposure.
a) Chronic overexposure to lead may result in severe damage to your blood-forming, nervous, urinary and reproductive systems
lead, and chronic effects which take longer to acquire. Lead adversely affects numerous body systems, and causes forms of health impairment and disease which arise after periods of exposure as short as days or as long as several years.
(II) Long-term (chronic) overexposure.
a) Chronic overexposure to lead may result in severe damage to your blood-forming, nervous, urinary and reproductive systems. Some common symptoms of chronic overexposure include loss of appetite, metallic taste in the mouth, anxiety, constipation, nausea, pallor, excessive tiredness, weakness, insomnia, headache, nervous irritability, muscle and joint pain or soreness, fine tremors, numbness, dizziness, hyperactivity and colic. In lead colic there may be severe abdominal pain.
b) Damage to the central nervous system in general and the brain (encephalopathy) in particular is one of the most severe forms of lead poisoning. The most severe, often fatal, form of encephalopathy may be preceded by vomiting, a feeling of dullness progressing to drowsiness and stupor, poor memory, restlessness, irritability, tremor, and convulsions. It may arise suddenly with the onset of seizures, followed by coma, and death. There is a tendency for muscular weakness to develop at the same time. This weakness may progress to paralysis often observed as a characteristic "wrist drop" or "foot drop" and is a manifestation of a disease to the nervous system called peripheral neuropathy.
c) Chronic overexposure to lead also results in kidney disease with few, if any, symptoms appearing until extensive and most likely permanent kidney damage has occurred. Routine laboratory tests reveal the presence of this kidney disease only after about two-thirds of kidney function is lost. When overt symptoms of urinary dysfunction arise, it is often too late to correct or prevent worsening conditions, and progression of kidney dialysis or death is possible.
d) Chronic overexposure to lead impairs the reproductive systems of both men and women
age has occurred. Routine laboratory tests reveal the presence of this kidney disease only after about two-thirds of kidney function is lost. When overt symptoms of urinary dysfunction arise, it is often too late to correct or prevent worsening conditions, and progression of kidney dialysis or death is possible.
d) Chronic overexposure to lead impairs the reproductive systems of both men and women. Overexposure to lead may result in decreased sex drive, impotence and sterility in men. Lead can alter the structure of sperm cells raising the risk of birth defects. There is evidence of miscarriage and stillbirth in women whose husbands were exposed to lead or who were exposed to lead themselves. Lead exposure also may result in decreased fertility, and abnormal menstrual cycles in women. The course of pregnancy may be adversely affected by exposure to lead since lead crosses the placental barrier and poses risks to developing fetuses. Children born of parents either one of whom were exposed to excess lead levels are more likely to have birth defects, mental retardation, behavioral disorders or die during the first year of childhood.
e) Overexposure to lead also disrupts the blood-forming system resulting in decreased hemoglobin (the substance in the blood that carries oxygen to the cells) and ultimately anemia. Anemia is characterized by weakness, pallor and fatigability as a result of decreased oxygen carrying capacity in the blood.
(III) Health protection goals of the standard.
a) Prevention of adverse health effects for most workers from exposure to lead throughout a working lifetime requires that worker blood lead (PbB) levels be maintained at or below forty micrograms per one hundred grams of whole blood (40 µg/100g). The blood lead levels of workers (both male and female workers) who intend to have children should be maintained below 30 µg/100g to minimize adverse reproductive health effects to the parents and to the developing fetus
re to lead throughout a working lifetime requires that worker blood lead (PbB) levels be maintained at or below forty micrograms per one hundred grams of whole blood (40 µg/100g). The blood lead levels of workers (both male and female workers) who intend to have children should be maintained below 30 µg/100g to minimize adverse reproductive health effects to the parents and to the developing fetus.
b) The measurement of your blood lead level is the most useful indicator of the amount of lead absorbed by your body. Blood lead levels (PbB) are most often reported in units of milligrams (mg) or micrograms (µg) of lead (1 mg = 1000 µg) per 100 grams (100g), 100 milliliters (100 ml) or deciliter (dl) of blood. These three units are essentially the same. Sometimes PbB's are expressed in the form of mg% or µg%. This is a shorthand notation for 100g, 100ml, or dl.
c) PbB measurements show the amount of lead circulating in your blood stream, but do not give any information about the amount of lead stored in your various tissues. PbB measurements merely show current absorption of lead, not the effect that lead is having on your body or the effects that past lead exposure may have already caused. Past research into lead-related diseases, however, has focused heavily on associations between PbBs and various diseases. As a result, your PbB is an important indicator of the likelihood that you will gradually acquire a lead-related health impairment or disease.
d) Once your blood lead level climbs above 40 µg/100g, your risk of disease increases. There is a wide variability of individual response to lead, thus it is difficult to say that a particular PbB in a given person will cause a particular effect. Studies have associated fatal encephalopathy with PbBs as low as 150 µg/100g. Other studies have shown other forms of disease in some workers with PbBs well below 80 µg/100g. Your PbB is a crucial indicator of the risks to your health, but one other factor is extremely important
al response to lead, thus it is difficult to say that a particular PbB in a given person will cause a particular effect. Studies have associated fatal encephalopathy with PbBs as low as 150 µg/100g. Other studies have shown other forms of disease in some workers with PbBs well below 80 µg/100g. Your PbB is a crucial indicator of the risks to your health, but one other factor is extremely important. This factor is the length of time you have had elevated PbBs. The longer you have an elevated PbB, the greater the risk that large quantities of lead are being gradually stored in your organs and tissues (body burden). The greater your overall body burden, the greater the chances of substantial permanent damage.
e) The best way to prevent all forms of lead-related impairments and diseases—both short-term and long-term—is to maintain your PbB below 40 µg/100g. The provisions of the standard are designed with this end in mind. Your employer has prime responsibility to ensure that the provisions of the standard are complied with both by the company and by individual workers. You as a worker, however, also have a responsibility to assist your employer in complying with the standard. You can play a key role in protecting your own health by learning about the lead hazards and their control, learning what the standard requires, following the standard where it governs your own action, and seeing that your employer complies with the provisions governing his actions.
(IV) Reporting signs and symptoms of health problems. You should immediately notify your employer if you develop signs or symptoms associated with lead poisoning or if you desire medical advice concerning the effects of current or past exposure to lead on your ability to have a healthy child. You should also notify your employer if you have difficulty breathing during a respirator fit test or while wearing a respirator. In each of these cases your employer must make available to you appropriate medical examinations or consultations
ated with lead poisoning or if you desire medical advice concerning the effects of current or past exposure to lead on your ability to have a healthy child. You should also notify your employer if you have difficulty breathing during a respirator fit test or while wearing a respirator. In each of these cases your employer must make available to you appropriate medical examinations or consultations. These must be provided at no cost to you and at a reasonable time and place.
(b) Appendix B. Employee Standard Summary. This appendix summarizes key provisions of the standard that you as a worker should become familiar with. The appendix discusses the entire standard.
(i) Permissible exposure limit (PEL). The standard sets a permissible exposure limit (PEL) of fifty micrograms of lead per cubic meter of air (50 µg/m 3 ), averaged over and eight-hour workday. This is the highest level of lead in air to which you may be permissibly exposed over an eight-hour workday. Since it is an eight-hour average it permits short exposures above the PEL so long as for each eight-hour workday your average exposure does not exceed the PEL.
(ii) Exposure monitoring.
(A) If lead is present in the work place where you work in any quantity, your employer is required to make an initial determination of whether the action level is exceeded for any employee. The initial determination must include instrument monitoring of the air for the presence of lead and must cover the exposure of a representative number of employees who are reasonably believed to have the highest exposure levels. If your employer has conducted appropriate air sampling for lead in the past year he may use these results. If there have been any employee complaints of symptoms which may be attributable to exposure to lead or if there is any other information or observations which would indicate employee exposure to lead, this must also be considered as part of the initial determination
highest exposure levels. If your employer has conducted appropriate air sampling for lead in the past year he may use these results. If there have been any employee complaints of symptoms which may be attributable to exposure to lead or if there is any other information or observations which would indicate employee exposure to lead, this must also be considered as part of the initial determination. If this initial determination shows that a reasonable possibility exists that any employee may be exposed, without regard to respirators, over the action level (30 µg/m 3 ) your employer must set up an air monitoring program to determine the exposure level of every employee exposed to lead at your work place.
(B) In carrying out this air monitoring program, your employer is not required to monitor the exposure of every employee, but they must monitor a representative number of employees and job types. Enough sampling must be done to enable each employee's exposure level to be reasonably represented by at least one full shift (at least seven hours) air sample. In addition, these air samples must be taken under conditions which represent each employee's regular, daily exposure to lead.
(C) If you are exposed to lead and air sampling is performed, your employer is required to quickly notify you in writing of air monitoring results which represent your exposure. If the results indicate your exposure exceeds the PEL (without regard to your use of respirators), then your employer must also notify you of this in writing, and provide you with a description of the corrective action that will be taken to reduce your exposure.
(D) Your exposure must be rechecked by monitoring every six months if your exposure is over the action level but below the PEL. Air monitoring must be repeated every three months if you are exposed over the PEL. Your employer may discontinue monitoring for you if two consecutive measurements, taken at least two weeks apart, are below the action level
ion that will be taken to reduce your exposure.
(D) Your exposure must be rechecked by monitoring every six months if your exposure is over the action level but below the PEL. Air monitoring must be repeated every three months if you are exposed over the PEL. Your employer may discontinue monitoring for you if two consecutive measurements, taken at least two weeks apart, are below the action level. However, whenever there is a production, process, control, or personnel change at your work place which may result in new or additional exposure to lead, or whenever there is any other reason to suspect a change which may result in new or additional exposure to lead, your employer must perform additional monitoring.
(iii) Methods of compliance. Your employer is required to ensure that no employee is exposed to lead in excess of the PEL. The standard establishes a priority of methods to be used to meet the PEL.
(iv) Respiratory protection.
(A) Your employer is required to provide and ensure your use of respirators when your exposure to lead is not controlled below the PEL by other means. The employer must pay the cost of the respirator. Whenever you request one, your employer is also required to provide you a respirator even if your air exposure level does not exceed the PEL. You might desire a respirator when, for example, you have received medical advice that your lead absorption should be decreased. Or, you may intend to have children in the near future, and want to reduce the level of lead in your body to minimize adverse reproductive effects. While respirators are the least satisfactory means of controlling your exposure, they are capable of providing significant protection if properly chosen, fitted, worn, cleaned, maintained, and replaced when they stop providing adequate protection.
(B) Your employer is required to select respirators from the seven types listed in Table II of the respiratory protection section of this standard (see subsection (7)(c) of this section)
tisfactory means of controlling your exposure, they are capable of providing significant protection if properly chosen, fitted, worn, cleaned, maintained, and replaced when they stop providing adequate protection.
(B) Your employer is required to select respirators from the seven types listed in Table II of the respiratory protection section of this standard (see subsection (7)(c) of this section). Any respirator chosen must be certified by the National Institute for Occupational Safety and Health (NIOSH) under the provisions of 42 C.F.R. part 84. This respirator selection table will enable your employer to choose a type of respirator which will give you a proper amount of protection based on your airborne lead exposure. Your employer may select a type of respirator that provides greater protection than that required by the standard; that is, one recommended for a higher concentration of lead than is present in your work place. For example, a powered air purifying respirator (PAPR) is much more protective than a typical negative-pressure respirator, and may also be more comfortable to wear. A PAPR has a filter, cartridge or canister to clean the air, and a power source which continuously blows filtered air into your breathing zone. Your employer might make a PAPR available to you to ease the burden of having to wear a respirator for long periods of time. The standard provides that you can obtain a PAPR upon request.
(C) Your employer must also start a respiratory protection program. This program must include written procedures for the proper selection, use, cleaning, storage, and maintenance of respirators.
(D) Your employer must ensure that your respirator facepiece fits properly. Proper fit of a respirator facepiece is critical to your protection against air borne lead. Obtaining a proper fit on each employee may require your employer to make available several different types of respirator masks
ude written procedures for the proper selection, use, cleaning, storage, and maintenance of respirators.
(D) Your employer must ensure that your respirator facepiece fits properly. Proper fit of a respirator facepiece is critical to your protection against air borne lead. Obtaining a proper fit on each employee may require your employer to make available several different types of respirator masks. To ensure that your respirator fits properly and that facepiece leakage is minimal, your employer must give you either a qualitative or quantitative fit test as required in chapter 296-842 WAC.
(E) You must also receive from your employer proper training in the use of respirators. Your employer is required to teach you how to wear a respirator, to know why it is needed, and to understand its limitations.
(F) The standard provides that if your respirator uses filter elements, you must be given an opportunity to change the filter elements whenever an increase in breathing resistance is detected. You also must be permitted to periodically leave your work area to wash your face and respirator facepiece whenever necessary to prevent skin irritation. If you ever have difficulty breathing during a fit test or while using a respirator, your employer must make a medical examination available to you to determine whether you can safely wear a respirator. The result of this examination may be to give you a positive pressure respirator (which reduces breathing resistance) or to provide alternative means of protection.
sary to prevent skin irritation. If you ever have difficulty breathing during a fit test or while using a respirator, your employer must make a medical examination available to you to determine whether you can safely wear a respirator. The result of this examination may be to give you a positive pressure respirator (which reduces breathing resistance) or to provide alternative means of protection.
(v) Protective work clothing and equipment. If you are exposed to lead above the PEL, or if you are exposed to lead compounds such as lead arsenate or lead azide which can cause skin and eye irritation, your employer must provide you with protective work clothing and equipment appropriate for the hazard. If work clothing is provided, it must be provided in a clean and dry condition at least weekly, and daily if your airborne exposure to lead is greater than 200 µg/m 3 . Appropriate protective work clothing and equipment can include coveralls or similar full-body work clothing, gloves, hats, shoes or disposable shoe coverlets, and face shields or vented goggles. Your employer is required to provide all such equipment at no cost to you. They are responsible for providing repairs and replacement as necessary and also is responsible for the cleaning, laundering or disposal of protective clothing and equipment. Contaminated work clothing or equipment must be removed in change rooms and not worn home or you will extend your exposure and expose your family since lead from your clothing can accumulate in your house, car, etc. Contaminated clothing which is to be cleaned, laundered or disposed of must be placed in closed containers in the change room. At no time may lead be removed from protective clothing or equipment by any means which disperses lead into the work room air.
ms and not worn home or you will extend your exposure and expose your family since lead from your clothing can accumulate in your house, car, etc. Contaminated clothing which is to be cleaned, laundered or disposed of must be placed in closed containers in the change room. At no time may lead be removed from protective clothing or equipment by any means which disperses lead into the work room air.
(vi) Housekeeping. Your employer must establish a housekeeping program sufficient to maintain all surfaces as free as practicable of accumulations of lead dust. Vacuuming is the preferred method of meeting this requirement, and the use of compressed air to clean floors and other surfaces is absolutely prohibited. Dry or wet sweeping, shoveling, or brushing may not be used except where vacuuming or other equally effective methods have been tried and do not work. Vacuums must be used and emptied in a manner which minimizes the reentry of lead into the work place.
(vii) Hygiene facilities and practices.
(A) The standard requires that change rooms, showers and filtered air lunchrooms be constructed and made available to workers exposed to lead above the PEL. When the PEL is exceeded, the employer must ensure that food and beverage is not present or consumed, tobacco products are not present or used, and cosmetics are not applied, except in these facilities. Change rooms, showers and lunchrooms, must be used by workers exposed in excess of the PEL. After showering, no clothing or equipment worn during the shift may be worn home and this includes shoes and underwear. Your own clothing worn during the shift should be carried home and cleaned carefully so that it does not contaminate your home. Lunchrooms may not be entered with protective clothing or equipment unless surface dust has been removed by vacuuming, downdraft booth or other cleaning methods. Finally, workers exposed above the PEL must wash both their hands and faces prior to eating, drinking, smoking or applying cosmetics
during the shift should be carried home and cleaned carefully so that it does not contaminate your home. Lunchrooms may not be entered with protective clothing or equipment unless surface dust has been removed by vacuuming, downdraft booth or other cleaning methods. Finally, workers exposed above the PEL must wash both their hands and faces prior to eating, drinking, smoking or applying cosmetics.
(B) All of the facilities and hygiene practices just discussed are essential to minimize additional sources of lead absorption from inhalation or ingestion of lead that may accumulate on you, your clothes or your possessions. Strict compliance with these provisions can virtually eliminate several sources of lead exposure which significantly contribute to excessive lead absorption.
(viii) Medical surveillance.
(A) 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 you as an individual. Compliance with the standard's provision will protect most workers from the adverse effects of lead exposure, but may not be satisfactory to protect individual workers (I) who have high body burdens of lead acquired over past years, (II) who have additional uncontrolled sources of nonoccupational lead exposure, (III) who exhibit unusual variations in lead absorption rates, or (IV) who have specific nonwork related medical conditions which could be aggravated by lead exposure (e.g., renal disease, anemia). In addition, control systems may fail, or hygiene and respirator programs may be inadequate. Periodic medical surveillance of individual workers will help detect those failures. Medical surveillance will also be important to protect your reproductive ability - regardless of whether you are a man or a woman
medical conditions which could be aggravated by lead exposure (e.g., renal disease, anemia). In addition, control systems may fail, or hygiene and respirator programs may be inadequate. Periodic medical surveillance of individual workers will help detect those failures. Medical surveillance will also be important to protect your reproductive ability - regardless of whether you are a man or a woman.
(B) 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.
(C) Your employer's obligation to offer medical surveillance is triggered by the results of the air monitoring program. Medical surveillance must be made available to all employees who are exposed in excess of the action level for more than thirty days a year. The initial phase of the medical surveillance program, which included blood lead level tests and medical examinations, must be completed for all covered employees no later than one hundred eighty days from the effective date of this standard. Priority within this first round of medical surveillance must be given to employees whom the employer believes to be at greatest risk from continued exposure (for example, those with the longest prior exposure to lead, or those with the highest current exposure). Thereafter, the employer must periodically make medical surveillance - both biological monitoring and medical examinations - available to all covered employees.
(D) Biological monitoring under the standard consists of blood lead level (PbB) and zinc protoporphyrin tests at least every six months after the initial PbB test. A zinc protoporphyrin (ZPP) test is a very useful blood test which measures an effect of lead on your body
eriodically make medical surveillance - both biological monitoring and medical examinations - available to all covered employees.
(D) Biological monitoring under the standard consists of blood lead level (PbB) and zinc protoporphyrin tests at least every six months after the initial PbB test. A zinc protoporphyrin (ZPP) test is a very useful blood test which measures an effect of lead on your body. If a worker's PbB exceeds 40 µg/100g, the monitoring frequency must be increased from every six months to at least every two months and not reduced until two consecutive PbBs indicate a blood lead level below 40 µg/100g. Each time your PbB is determined to be over 40 µg/100g, your employer must notify you of this in writing within five working days of the receipt of the test results. The employer must also inform you that the standard requires temporary medical removal with economic protection when your PbB exceeds certain criteria (see Discussion of Medical Removal Protection - subsection (12)). During the first year of the standard, this removal criterion is 80 µg/100g. Anytime your PbB exceeds 80 µg/100g your employer must make available to you a prompt follow-up PbB test to ascertain your PbB. If the two tests both exceed 80 µg/100g and you are temporarily removed, then your employer must make successive PbB tests available to you on a monthly basis during the period of your removal.
(E) Medical examinations beyond the initial one must be made available on an annual basis if your blood lead levels exceeds 40 µg/100g at any time during the preceding year. The initial examination will provide information to establish a baseline to which subsequent data can be compared. An initial medical examination must also be made available (prior to assignment) for each employee being assigned for the first time to an area where the airborne concentration of lead equals or exceeds the action level
levels exceeds 40 µg/100g at any time during the preceding year. The initial examination will provide information to establish a baseline to which subsequent data can be compared. An initial medical examination must also be made available (prior to assignment) for each employee being assigned for the first time to an area where the airborne concentration of lead equals or exceeds the action level. In addition, a medical examination or consultation must be made available as soon as possible if you notify your employer that you are experiencing signs or symptoms commonly associated with lead poisoning or that you have difficulty breathing while wearing a respirator or during a respirator fit test. You must also be provided a medical examination or consultation if you notify your employer that you desire medical advice concerning the effects of current or past exposure to lead on your ability to procreate a healthy child.
(F) Finally, appropriate follow-up medical examinations or consultations may also be provided for employees who have been temporarily removed from exposure under the medical removal protection provisions of the standard (see item (ix) below).
(G) The standard specifies the minimum content of preassignment and annual medical examinations. The content of other types of medical examinations and consultations is left up to the sound discretion of the examining physician. Preassignment and annual medical examinations must include (I) a detailed work history and medical history, (II) a thorough physical examination, and (III) a series of laboratory tests designed to check your blood chemistry and your kidney function. In addition, at any time upon your request, a laboratory evaluation of male fertility will be made (microscopic examination of a sperm sample), or a pregnancy test will be given.
(H) The standard does not require that you participate in any of the medical procedures, tests, etc., which your employer is required to make available to you
signed to check your blood chemistry and your kidney function. In addition, at any time upon your request, a laboratory evaluation of male fertility will be made (microscopic examination of a sperm sample), or a pregnancy test will be given.
(H) The standard does not require that you participate in any of the medical procedures, tests, etc., which your employer is required to make available to you. Medical surveillance can, however, play a very important role in protecting your health. You are strongly encouraged, therefore, to participate in a meaningful fashion. Generally, your employer will choose the physician who conducts medical surveillance under the lead standard - unless you and your employer can agree on the choice of a physician or physicians. Some companies and unions have agreed in advance, for example, to use certain independent medical laboratories or panels of physicians. Any of these arrangements are acceptable so long as required medical surveillance is made available to workers.
(I) The standard requires your employer to provide certain information to a physician to aid in their examination of you. This information includes (I) the standard and its appendices, (II) a description of your duties as they relate to lead exposure, (III) your exposure level, (IV) a description of personal protective equipment you wear, (V) prior blood level results, and (VI) prior written medical opinions concerning you that the employer has. After a medical examination or consultation the physician must prepare a written report which must contain (I) the physician's opinion as to whether you have any medical conditions which places you at increased risk of material impairment to health from exposure to lead, (II) any recommended special protective measures to be provided to you, (III) any blood lead level determinations, and (IV) any recommended limitation on your use of respirators
hysician must prepare a written report which must contain (I) the physician's opinion as to whether you have any medical conditions which places you at increased risk of material impairment to health from exposure to lead, (II) any recommended special protective measures to be provided to you, (III) any blood lead level determinations, and (IV) any recommended limitation on your use of respirators. This last element must include a determination of whether you can wear a powered air purifying respirator (PAPR) if you are found unable to wear a negative pressure respirator.
(J) The medical surveillance program of the lead standard may at some point in time serve to notify certain workers that they have acquired a disease or other adverse medical condition as a result of occupational lead exposure. If this is true these workers might have legal rights to compensation from public agencies, their employers, firms that supply hazardous products to their employers, or other persons. Some states have laws, including worker compensation laws, that disallow a worker to learn of a job-related health impairment to sue, unless the worker sues within a short period of time after learning of the impairment. (This period of time may be a matter of months or years.) An attorney can be consulted about these possibilities. It should be stressed that WISHA is in no way trying to either encourage or discourage claims or lawsuits. However, since results of the standard's medical surveillance program can significantly affect the legal remedies of a worker who has acquired a job-related disease or impairment, it is proper for WISHA to make you aware of this.
(K) 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
nificantly affect the legal remedies of a worker who has acquired a job-related disease or impairment, it is proper for WISHA to make you aware of this.
(K) 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 Na 2 EDTA), Calcium Disodium Versenate (Versenate), and d-penicillamine (penicillamine or Cupramine).
(L) 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 believed to be safe. It should be emphasized that where an employer takes a worker who has no symptoms of lead poisoning and has chelation carried out by a physician (either inside or outside of a hospital) solely to reduce the worker's blood lead level, that will generally be considered prophylactic chelation. The use of a hospital and a physician does not mean that prophylactic chelation is not being performed
safe. It should be emphasized that where an employer takes a worker who has no symptoms of lead poisoning and has chelation carried out by a physician (either inside or outside of a hospital) solely to reduce the worker's blood lead level, that will generally be considered prophylactic chelation. The use of a hospital and a physician does not mean that prophylactic chelation is not being performed. Routine chelation to prevent increased or reduce current blood lead levels is unacceptable whatever the setting.
(M) The standard allows the use of "therapeutic" or "diagnostic" chelation if administered under the supervision of a licensed physician in a clinical setting with thorough and appropriate medical monitoring. Therapeutic chelation responds to severe lead poisoning where there are marked symptoms. Diagnostic chelation, involves giving a patient a dose of the drug then collecting all urine excreted for some period of time as an aid to the diagnosis of lead poisoning.
(N) In cases where the examining physician determines that chelation is appropriate, you must be notified in writing of this fact before such treatment. This will inform you of a potentially harmful treatment, and allow you to obtain a second opinion.
(ix) Medical removal protection.
(A) Excessive lead absorption subjects you to increased risk of disease. Medical removal protection (MRP) is a means of protecting you when for whatever reasons, other methods, such as engineering controls, work practices, and respirators, have failed to provide the protection you need. MRP involves the temporary removal of a worker from his or her regular job to a place of significantly lower exposure without any loss of earnings, seniority, or other employment rights of benefits. The purpose of this program is to cease further lead absorption and allow your body to naturally excrete lead which has previously been absorbed. Temporary medical removal can result from an elevated blood lead level, or a medical opinion
a worker from his or her regular job to a place of significantly lower exposure without any loss of earnings, seniority, or other employment rights of benefits. The purpose of this program is to cease further lead absorption and allow your body to naturally excrete lead which has previously been absorbed. Temporary medical removal can result from an elevated blood lead level, or a medical opinion. Up to eighteen months of protection is provided as a result of either form of removal. The vast majority of removed workers, however, will return to their former jobs long before this eighteen month period expires. The standard contains special provisions to deal with the extraordinary but possible case where a long-term worker's blood lead level does not adequately decline during eighteen months of removal.
(B) During the first year of the standard, if your blood lead level is 80 µg/100g or above you must be removed from any exposure where your air lead level without a respirator would be 100 µg/m 3 or above. If you are removed from your normal job you may not be returned until your blood lead level declines to at least 60 µg/100g. These criteria for removal and return will change according to the following schedule:
TABLE 1
Effective Date Removal Blood Level (µg/100g) Air Lead (µg/m 3 ) Return Blood Lead (µg/100g) 9/6/81 At or above 70 50 or above At or below 50 9/6/82 At or above 60 30 or above At or below 40 9/6/84 At or above 50 averaged over six months 30 or above At or below 40
Effective
Date
Removal Blood Level (µg/100g)
Air Lead
(µg/m 3 )
Return Blood Lead
(µg/100g)
9/6/81
At or
above 70
50 or above
At or
below 50
9/6/82
At or
above 60
30 or above
At or
below 40
9/6/84
At or
above 50
averaged over
six months
30 or above
At or
below 40
(C) You may also be removed from exposure even if your blood lead levels are below these criteria if a final medical determination indicates that you temporarily need reduced lead exposure for medical reasons
lood Lead
(µg/100g)
9/6/81
At or
above 70
50 or above
At or
below 50
9/6/82
At or
above 60
30 or above
At or
below 40
9/6/84
At or
above 50
averaged over
six months
30 or above
At or
below 40
(C) You may also be removed from exposure even if your blood lead levels are below these criteria if a final medical determination indicates that you temporarily need reduced lead exposure for medical reasons. If the physician who is implementing your employer's medical program makes a final written opinion recommending your removal or other special protective measures, your employer must implement the physician's recommendation. If you are removed in this manner, you may only be returned when the physician indicates it is safe for you to do so.
(D) The standard does not give specific instructions dealing with what an employer must do with a removed worker. Your job assignment upon removal is a matter for you, your employer and your union (if any) to work out consistent with existing procedures for job assignments. Each removal must be accomplished in a manner consistent with existing collective bargaining relationships. Your employer is given broad discretion to implement temporary removals so long as no attempt is made to override existing agreements. Similarly, a removed worker is provided no right to veto an employer's choice which satisfies the standard.
(E) In most cases, employers will likely transfer removed employees to other jobs with sufficiently low lead exposure. Alternatively, a worker's hours may be reduced so that the time weighted average exposure is reduced, or he or she may be temporarily laid off if no other alternative is feasible.
(F) In all of these situations, MRP benefits must be provided during the period of removal - i.e., you continue to receive the same earnings, seniority, and other rights and benefits you would have had if you had not been removed
vely, a worker's hours may be reduced so that the time weighted average exposure is reduced, or he or she may be temporarily laid off if no other alternative is feasible.
(F) In all of these situations, MRP benefits must be provided during the period of removal - i.e., you continue to receive the same earnings, seniority, and other rights and benefits you would have had if you had not been removed. Earnings include more that just your base wage; it includes overtime, shift differentials, incentives, and other compensation you would have earned if you had not been removed. During the period of removal you must also be provided with appropriate follow-up medical surveillance. If you were removed because your blood lead level was too high, you must be provided with a monthly blood test. If a medical opinion caused your removal, you must be provided medical tests or examinations that the physician believes to be appropriate. If you do not participate in this follow-up medical surveillance, you may lose your eligibility for MRP benefits.
(G) When you are medically eligible to return to your former job, your employer must return you to your "former job status." This means that you are entitled to the position, wages, benefits, etc., you would have had if you had not been removed. If you would still be in your old job if no removal had occurred, that is where you go back. If not, you are returned consistent with whatever job assignment discretion your employer would have had if no removal had occurred. MRP only seeks to maintain your rights, not expand them or diminish them.
(H) If you are removed under MRP and you are also eligible for worker compensation or other compensation for lost wages, your employer's MRP benefits obligation is reduced by the amount that you actually receive from these other sources. This is also true if you obtain other employment during the time you are laid off with MRP benefits
eks to maintain your rights, not expand them or diminish them.
(H) If you are removed under MRP and you are also eligible for worker compensation or other compensation for lost wages, your employer's MRP benefits obligation is reduced by the amount that you actually receive from these other sources. This is also true if you obtain other employment during the time you are laid off with MRP benefits.
(I) The standard also covers situations where an employer voluntarily removes a worker from exposure to lead due to the effects of lead on the employee's medical condition, even though the standard does not require removal. In these situations MRP benefits must still be provided as though the standard required removal. Finally, it is important to note that in all cases where removal is required, respirators cannot be used as a substitute. Respirators may be used before removal becomes necessary, but not as an alternative to a transfer to a low exposure job, or to a lay-off with MRP benefits.
(x) Employee information and training.
(A) Your employer is required to provide an information and training program for all employees exposed to lead above the action level or who may suffer skin or eye irritation from lead. This program must inform these employees of the specific hazards associated with their work environment, protective measures which can be taken, the danger of lead to their bodies (including their reproductive systems), and their rights under the standard. In addition, your employer must make readily available to all employees, including those exposed below the action level, a copy of the standard and its appendices and must distribute to all employees any materials provided to the employer under the Washington Industrial Safety and Health Act (WISHA).
(B) Your employer is required to complete this training for all employees by March 4, 1981. After this date, all new employees must be trained prior to initial assignment to areas where there is possibility of exposure over the action level
d and its appendices and must distribute to all employees any materials provided to the employer under the Washington Industrial Safety and Health Act (WISHA).
(B) Your employer is required to complete this training for all employees by March 4, 1981. After this date, all new employees must be trained prior to initial assignment to areas where there is possibility of exposure over the action level. This training program must also be provided at least annually thereafter.
(xi) Signs. The standard requires that the following warning sign be posted in work areas where the exposure to lead exceeds the PEL:
DANGER LEAD
MAY DAMAGE FERTILITY OR THE UNBORN CHILD
CAUSES DAMAGE TO THE CENTRAL NERVOUS SYSTEM
DO NOT EAT, DRINK OR SMOKE IN THIS AREA
(xii) Recordkeeping.
(A) Your employer is required to keep all records of exposure monitoring for airborne lead. These records must include the name and job classification of employees measured, details of the sampling and analytic techniques, the results of this sampling and the type of respiratory protection being worn by the person sampled. Your employer is also required to keep all records of biological monitoring and medical examination results. These must include the names of the employees, the physician's written opinion and a copy of the results of the examination. All of the above kinds of records must be kept for forty years, or for at least twenty years after your termination of employment, whichever is longer.
(B) Recordkeeping is also required if you are temporarily removed from your job under the MRP program. This record must include your name and Social Security number, the date of your removal and return, how the removal was or is being accomplished, and whether or not the reason for the removal was an elevated blood lead level. Your employer is required to keep each medical removal record only for as long as the duration of an employee's employment
rarily removed from your job under the MRP program. This record must include your name and Social Security number, the date of your removal and return, how the removal was or is being accomplished, and whether or not the reason for the removal was an elevated blood lead level. Your employer is required to keep each medical removal record only for as long as the duration of an employee's employment.
(C) The standard requires that if you request to see or copy environmental monitoring, blood lead level monitoring, or medical removal records, they must be made available to you or to a representative that you authorize. Your union also has access to these records. Medical records other than PbBs must also be provided to you upon request, to your physician or to any other person whom you may specifically designate. Your union does not have access to your personal medical records unless you authorize their access.
(xiii) Observations of monitoring. When air monitoring for lead is performed at your work place as required by this standard, your employer must allow you or someone you designate to act as an observer of the monitoring. Observers are entitled to an explanation of the measurement procedure, and to record the results obtained. Since results will not normally be available at the time of the monitoring, observers are entitled to record or receive the results of the monitoring when returned by the laboratory. Your employer is required to provide the observer with any personal protective devices required to be worn by employees working in the areas that is being monitored. The employer must require the observer to wear all such equipment and to comply with all other applicable safety and health procedures.
(xiv) Effective date. The standard's effective date is September 6, 1980, and the employer's obligation under the standard begin to come into effect as of that date. The standard was originally adopted as WAC 296-62-07349 and later recodified to WAC 296-62-07521.
The employer must require the observer to wear all such equipment and to comply with all other applicable safety and health procedures.
(xiv) Effective date. The standard's effective date is September 6, 1980, and the employer's obligation under the standard begin to come into effect as of that date. The standard was originally adopted as WAC 296-62-07349 and later recodified to WAC 296-62-07521.
(c) Appendix C. Medical Surveillance Guidelines.
(i) Introduction.
(A) The primary purpose of the Washington Industrial Safety and Health Act of 1973 is to ensure, so far as possible, safe and healthful working conditions for every working man and woman. The occupational health standard for inorganic lead* was promulgated to protect workers exposed to inorganic lead including metallic lead, all inorganic lead compounds and organic lead soaps.
*The term inorganic lead used throughout the medical surveillance appendices is meant to be synonymous with the definition of lead set forth in the standard.
(B) Under this final standard in effect as of September 6, 1980, occupational exposure to inorganic lead is to be limited to 50 µg/m 3 (micrograms per cubic meter) based on an eight-hour time-weighted average (TWA). This level of exposure eventually must be achieved through a combination of engineering, work practice and other administrative controls. Periods of time ranging from one to ten years are provided for different industries to implement these controls which are based on individual industry considerations. Until these controls are in place, respirators must be used to meet the 50 µg/m 3 exposure limit.
(C) The standard also provides for a program of biological monitoring and medical surveillance for all employees exposed to levels of inorganic lead above the action level of 30 µg/m 3 for more than thirty days per year
to implement these controls which are based on individual industry considerations. Until these controls are in place, respirators must be used to meet the 50 µg/m 3 exposure limit.
(C) The standard also provides for a program of biological monitoring and medical surveillance for all employees exposed to levels of inorganic lead above the action level of 30 µg/m 3 for more than thirty days per year.
(D) The purpose of this document is to outline the medical surveillance provisions of the standard for inorganic lead, and to provide further information to the physician rega

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## Nearby sections

- [WAC 296-62-005 WAC 296-62-005. Occupational health and environmental control—Foreword](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_296_62_005.md)
- [WAC 296-62-010 WAC 296-62-010. Purpose and scope](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_296_62_010.md)
- [WAC 296-62-020 WAC 296-62-020. Definitions applicable to all sections of this chapter](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_296_62_020.md)
- [WAC 296-62-040 WAC 296-62-040. Unconstitutionality clause](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_296_62_040.md)
- [WAC 296-62-050 WAC 296-62-050. Application for waiver or variances](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_296_62_050.md)
- [WAC 296-62-055 WAC 296-62-055. Retain labeling required by the department of transportation](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_296_62_055.md)
- [WAC 296-62-060 WAC 296-62-060. Control requirements in addition to those specified](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_296_62_060.md)
- [WAC 296-62-073 WAC 296-62-073. Carcinogens—Scope and application](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_296_62_073.md)
- [WAC 296-62-135 WAC 296-62-135. Oxygen deficient atmospheres](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_296_62_135.md)
- [WAC 296-62-200 WAC 296-62-200. Coke oven emissions](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_296_62_200.md)
- [WAC 296-62-500 WAC 296-62-500. Hazardous drugs](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_296_62_500.md)
- [WAC 296-62-05510 WAC 296-62-05510. Scope](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_296_62_05510.md)
- [WAC 296-62-05520 WAC 296-62-05520. Retain readily visible DOT labeling](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_296_62_05520.md)
- [WAC 296-62-07302 WAC 296-62-07302. Communication of hazards](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_296_62_07302.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_296_62_07521. Check the current official text before relying on it. Not legal advice.