| |
|
Southern Global Safety Services, Inc.
National Service Center |
|
|
LEAD MANAGEMENT SERVICES |
In response to the heightened public awareness to the health risks of lead exposure, Congress enacted the Housing and Community Development Act of 1992, which directed OSHA to implement new lead standards for industry.
The OSHA Lead Exposure in Construction Standard 29 CFR §1926.62--effective October 3, 1993-- addresses activities, projects, handling, and disposal of materials in the presence of lead. The Standard requires both the facility owner and employer to either proactively determine the locations of potential exposure, or assume the existence of lead. While a variety of programs and responses can be triggered by various work activities, most facilities and employers will be required to institute a basic "Regulatory Response Initiative" inclusive of the following regulatory compliance components
• Facility Compliance Audit - Visual inspection of the facility utilizing presumptive techniques to identify areas and work practices that may require a corrective response action or exposure assessment.
• Presumptive Exposure Assessment – Initial determinations of the potential for employee exposure based upon the presumptive guidelines of the Standard.
• Site-Specific Written Compliance Program - Based upon the audit, addressing the assessment, planning, strategy, and response to the applicable employee exposure, work practice, and administrative control elements of the Standard.
• Employee Awareness Training - Addressing the required components of the Standard, hazard identification, and employer response program.
• Hazard Communication Program - A system for communicating the lead hazard to facility occupants, outside vendors, and contractors.
The Standard states, "One of the most important... issues concerns the criteria by which applicability of the standard and of particular provisions of the standard are triggered. The most basic trigger determines whether an employer is covered by the standard at all..." "This interim final lead standard for the construction industry applies to all occupational exposure to lead in all construction work in which lead, in any amount, is present in an occupationally related context... however, where the source of lead is employment related, all exposure to lead is covered by the standard." "This standard... applies to all construction work in which lead, in any amount, is present in an occupationally related context... where the source of lead is employment related, all exposure to lead is covered by the standard... ", OSHA 29 CFR §1926.62, promulgated May 4, 1993.
APPLICATION OF THE STANDARD
The standard is applicable if a potential source of lead exposure is present in an "employment-related" context. The trigger mechanism for application of the standard is an activity that, by its inherent nature, may cause exposure to lead. Prior to the start of a work activity, the employer is required to make an "initial determination of the presence of lead." This must be performed if a "potential lead hazard" exists during: work tasks performed "in the presence of lead", occupational exposure to "lead, in any amount", work tasks performed when "lead or materials containing lead are present", work tasks performed in "the presence of lead or in other materials being worked on", "lead containing coatings or paint are present", or "paint dust".
Since there can be confusion concerning a covered work activities, the Standard lists a number of employment categories and project types that in the presence of lead, are high-risk and must be addressed as presumed exposures. Additionally, seventeen specific work tasks are incorporated by reference into the Construction Standard and automatically require a response.
PRESUMPTIVE EXPOSURE HIERARCHY
When any of these activities are performed in the presence of lead-- whether by the facility owner's employees or outside vendor personnel -- the Standard is applicable.
-
Level One - Task Related Triggers
The Lead Standard creates a list and description of tasks that automatically require protective measures, prior to establishing the level of potential lead exposure. These tasks are divided into three classifications based upon the potential risk of exposure. Level One Tasks are typically encountered during maintenance activities.
-
Level Two - Employment Activity Related Triggers
The Standard lists a multitude of industries and occupations that are covered, provided lead is present. It is not a requirement of the Standard that the employment related activity always results in exposure to lead, rather the potential existence of lead is sufficient to trigger inclusion. Such work includes but is not limited to: "Construction work is defined as work involving construction, alteration and/or repair, including painting and decorating."
-
Level Three - Project Related Triggers
The work activities that result in lead exposure are often associated with particular types of projects, so the Standard identifies classifications of projects that typically indicate the potential for exposure to lead. "Construction projects involving lead or lead-containing materials occur throughout the entire construction industry as well as in several non-construction industries.Project type is often a better indicator of the likelihood of lead exposure than the industry classification of the firm performing the work."
EMPLOYER'S REGULATORY RESPONSE INITIATIVE
-
Facility Compliance Audit -
A visual inspection of the facility utilizing presumptive techniques to identify areas that may require a corrective response action and an identification of work practices and activities combined with an assessment of potential employee exposure.
-
Site-Specific Written Regulatory Response Program -
Based upon the audit, the Response Program addresses the assessment, planning, strategy, and response to the applicable elements of the Lead Standard. The Standard specifically requires the development, implementation, and introduction of a facility Written Compliance Program prior to the start of any covered work activity that will result in exposure above the PEL. Not only must the plan be written as site-specific, it must document the control methods chosen, how they have been instituted, and the future control plans. It must discuss the strategy, goals, problems, and completion milestones for worker protection. Additionally, the Compliance Program must present the alternatives considered but not implemented, and provide the reasoning for the chosen protection and control solutions.
-
Hazard Communication Program -
A system of information transfer and downstream communication of the lead hazard to facility occupants, outside vendors, and contractors.
"OSHA views the requirement for written plans as an essential part of the compliance program since it will form the basis for determining the employer's ability to achieve the controls and provide the necessary documentation to employees and their designated representatives of the compliance methods chosen, the extent to which controls have been instituted, and of the plans to institute further controls." -- OSHA §1926.62 |
|
 |
|
|
