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Lead Abatement On Bridges And Steel Structures

Table of Contents

OSHA LEAD REGULATIONS

TRAINEE OBJECTIVES

After completing Section 3, you will be able to:

1. Write out the following acronyms:
   
   EPA
   OSHA
   PEL
   AL
   MRP
   CPSC

2. Identify the four items an employer must do if you are exposed to lead and are covered under the OSHA Interim Lead Standard for Construction (29 CFR 1926.62).

3. Define Medical Removal Protection and describe how it works.

4. List the three Presumed Exposure Task Categories, provide examples for each task, and list the corresponding exposure range.

5. List the Action Level and Permissible Exposure Limit for lead under the OSHA Interim Lead Standard for Construction (29 CFR 1926.62).

6. Describe what practices are prohibited in a lead regulated area.

7. Define how often an employer must provide blood lead level tests to affected employees.

INTRODUCTION

The Occupational Safety and Health Administration (OSHA) Interim Lead Standard for Construction will be presented and reviewed in this section. The complete standard is provided as an Appendix to this training manual. That standard is referred to as 29 CFR 1926.62. The term CFR stands for Code of Federal Regulations. The standard is called an Interim Standard because the Congress directed OSHA to issue the Interim Standard within 180 days of the signing of new federal legislation in 1992 known as TITLE X. OSHA is working on the Final Lead Standard for Construction, but it will not be issued as a final rule for a number of years.

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)

OSHA is responsible for establishing and enforcing work place safety and health standards. Under specified conditions, Federal OSHA can approve occupational safety and health programs to achieve the same objectives by individual states. These are called approved State-Plan-States. Currently, 23 states have approved State OSHA programs. In those states, the OSHA inspector will be a State OSHA inspector, not a Federal OSHA inspector. One condition of becoming an approved state OSHA is that the state must make the regulations applicable to government employees in the state at the local and state government level. Two states, New York and Connecticut, have approved programs that apply ONLY to state and local government employees within the state.

In the other 25 states under Federal OSHA jurisdiction, the OSHA regulations do not apply to local and State government employees. Therefore, construction work involving the employees of local or state government may not be covered by the OSHA regulations as they are "government" employees. However, if you are working in these places for a contractor doing construction work involving lead, that contractor IS covered by the OSHA regulations whether federal or state, and you must be provided the protections afforded by the OSHA Interim Lead Standard for Construction.

In Washington, D.C. on October 29, 1992, President Bush signed into law Title X of the Housing and Community Development Act of 1992 (the Residential Lead-Based Paint Hazard Reduction Act of 1992). Under Title X, Congress directed OSHA to issue an interim lead standard for construction within six months of the signing of Title X. This Interim Lead Standard for Construction is designed to protect construction workers from the hazards of lead while OSHA continues to develop a final construction lead standard.

The key provisions of Title X are:

• NIOSH has been put in charge of a training grant program for the training and education of workers and supervisors, with $10 million authorized for this purpose each year from 1994 to 1997.
• The Environmental Protection Agency (EPA) is required, within 18 months (April 1994), to issue regulations that those engaged in lead-based paint activities be trained, that training programs be accredited, and that contractors engaged in this work be certified. States may be authorized by EPA to carry out this program within their jurisdictions.
• The Housing and Urban Development (HUD) Department is required to conduct a comprehensive study of methods to reduce hazardous occupational lead abatement exposures.

The OSHA standard became effective on June 3, 1993. All provisions must have been in place, with the exception of engineering controls, within 60 days after that date. The engineering controls must be in place within 120 days of June 3, 1993 (the first week of October, 1993). As of today, all provisions of the OSHA Interim Lead Standard are in place although we are still awaiting the Final Standard at this time.

Key provisions of the new OSHA Interim Lead Standard for Construction are reviewed in the following subsections. It is important to note that the Interim Standard applies to all construction activities where workers may be exposed to lead. This includes lead-based paint abatement in private, public, and commercial-use buildings; bridge work; steel superstructures; and demolition where lead-based paint is present. The standard also covers work in construction involving other materials containing lead which are not lead-based paint. This includes lead mortar, lead burning, and hazardous waste site work with lead contaminated soils, for example. Do not let anyone tell you that the Interim Standard applies only to lead-based paint work.

SCOPE OF THE STANDARD

All construction work involving exposure or potential exposure to lead is covered by the Interim Standard. This includes lead paint abatement, work on bridges and steel structures that are coated with lead-containing materials, demolition of structures where lead or materials containing lead are present, and removing or encapsulating materials containing lead. If you are doing any work in construction which involves lead, your employer is required to comply with the standard.

EXPOSURE LIMITS

The standard establishes two exposure limits: the PEL (Permissible Exposure Limit) and the AL (action level). The PEL is a Time Weighted Average (TWA) exposure limit averaged over an 8 hour work shift. The PEL is 50 micrograms (µg) of lead per cubic meter (m ³) of air. If you are exposed for periods longer than 8 hours, the PEL is reduced proportionally. The action level is 30 µg/m³ of air calculated as an 8 hour TWA.

If exposures are over the action level but less than the PEL, your employer must begin to comply with the regulation by implementing a number of provisions of the standard. These include:

• Periodic exposure monitoring
• Biological monitoring
• Employee training.

The purpose of the action level is to establish a lower level of exposure which requires your employer to begin to provide you protection before your exposures go over the PEL. The incentive to the employer is to avoid exposures over the action level and especially over the PEL.

Important points to remember:

EXPOSURE ASSESSMENTS

Your employer is required to determine the airborne level of lead you are exposed to in work involving lead. This is termed exposure assessment. Personal air monitoring is required in order to determine your exposure level. Where two or more workers are doing essentially the same task and would likely be exposed to similar lead levels, not all workers need to have their individual exposures determined.

The standard requires three specific exposure assessment actions by your employer.

Initial Assessment

An initial assessment of exposure must be conducted to determine whether workers are exposed over the action level for all work involving lead. Initial Exposure Assessment is conducted as follows:

• One full shift of personal air samples for each job classification in each work area is required.
• Sampling must be representative of workers' regular daily exposure.
• Initial exposure determinations must be based upon the assumption that workers are NOT wearing respirators.
• In specific conditions an employer may use objective historic data instead of doing the initial determination.

An example of objective data would be a contractor that does the same kind of work the same way on every job with the same number of workers and the lead material to which potential exposure might occur has been demonstrated not to result in worker exposures at or above the AL if specific procedures are used.

Based upon the results of the initial assessment the employer must develop and implement a program to comply with the standard to assure that your exposure does not exceed the PEL. If exposures are less than the action level, no further action is required. If exposures are over the action level but less than the PEL, some actions are required. If over the PEL, extensive actions are required.

Periodic Exposure Assessment

If the initial assessment indicates exposures over the AL or the PEL, the employer is required to conduct exposure assessments every six months if the worker exposure is at or above the AL, but below the PEL, or quarterly (every three months) if exposure is above the PEL.

Additional Exposure Assessment

Additional assessments must be made whenever a change in practices, procedures, equipment, personnel, materials, or other factors which could be expected to result in a change in lead exposures to workers occurs.

Protection of Employees During Exposure Assessments

This standard is unique. It recognizes that there are a number of jobs and tasks in construction where exposure to lead will likely be over the PEL, in some cases at very high exposure levels. This is particularly true for work performed on bridges, steel structures, and demolition projects. The standard requires that if a contractor is engaged in any of these "presumed exposure" activities, the workers must be protected by specified measures BEFORE exposure assessments are made. In other words, the contractor cannot assign jobs for these tasks, collect personal samples, wait for results from the lab, and then provide workers protection.

Categories of Presumed Exposure

1. Tasks for which exposures must be assumed over the PEL but less than 10 times the PEL. These include the following activities where lead containing paint or coatings are present:

• Manual demolition of structures (e.g. dry wall)
• Manual scraping
• Manual sanding
• Heat gun application
• Power tool cleaning with dust collection systems
• Spray painting with leaded paint

2. Tasks where exposures are presumed to be greater than 10 times the PEL, but less than 50 times the PEL. These include the following activities where lead-containing paint or coatings are present:

• Rivet busting
• Power tool cleaning without dust collection systems
• Cleanup activities where dry expendable abrasives are used
• Abrasive blasting enclosure movement or removal
• Using lead containing mortar
• Lead burning

3. Tasks presumed to result in exposures over 50 times the PEL. These include the following activities where lead containing paint or coatings are present:

• Abrasive blasting
• Welding
• Cutting
• Torch burning

For all three categories of work tasks with presumed exposures over the PEL, the employer is required, before doing the exposure assessment, to provide:

• Appropriate respiratory protection (Table 1 in standard)
• Appropriate personal protective clothing and equipment
• Changing areas which are free of lead
• Hand washing facilities
• Biological monitoring that measures the amount of lead in the blood prior to or no more than after the second day of exposure
• Training

To better illustrate the three Presumed Exposure Categories, Figure 3-1 provides information for each of the categories, an illustration of the exposure range, and a listing of specific tasks associated with each category.

Figure 3-1. OSHA presumed exposure categories.

Employee Notification

The employer is required to notify you in writing, within 5 working days after completion of exposure assessments, of the results which represent your individual exposure. If a coworker wore the personal air monitor and the results of that sample are intended to represent your exposure, you must be notified in writing.

If exposure assessments indicate exposures at or above the PEL, the employer must also notify you in writing of the exposure results and of the corrective actions which are or will be taken to reduce your exposure to below the AL.

The contractor must also allow workers or their designated representatives to observe any lead exposure monitoring of workers that is conducted.

METHODS OF COMPLIANCE

Engineering and Work Practice Controls

The OSHA standard requires that your employer follow certain steps to reduce your exposure to lead. These must be followed in a specified order. For example, your employer cannot just hand you a respirator as a way to reduce your exposure to lead. The employer must first implement engineering and work practice controls to reduce exposures. If these are not sufficient or feasible to reduce exposures to or below the PEL, the employer must continue to use these methods even though you may be required to wear a respirator.

Compliance Program

Prior to the start of a job involving lead exposure, the employer is required to establish and implement a WRITTEN compliance program. That program must address a number of specific items which are outlined in the standard at 1926.62(e)(2). The written program must include the following:

• A description of each activity in which lead is released into the air.
• The procedures that will be used to achieve compliance, including engineering controls.
• Information on the technology considered to meet the PEL.
• Air monitoring results that identify where the lead is being released into the air.
• A schedule for implementing the program.
• The work practices to be used including protective work clothes and house keeping and hygiene facilities.
• Any administrative controls that might be used.
• How contractors on multi-contractor sites will inform workers of potential exposure to lead.

In addition, the compliance program must provide for frequent and regular inspections of job sites, materials, and equipment by a competent person.

Competent Person

The competent person is someone on the job who is capable of recognizing lead hazards and who has the authority to take corrective action to eliminate those hazards. The written program must also be provided upon request to a number of parties including affected workers and their representatives. These written programs MUST be revised and updated every 6 months.

Mechanical Ventilation

When mechanical ventilation is used, it must be evaluated (tested and inspected) to assure that it remains effective in controlling exposures.

Administrative Controls

One method to limit employee exposure to lead is to limit the time during which they are exposed. For example, workers might be assigned work involving lead exposure for only four hours per day. This is referred to as employee rotation. If such administrative controls are used, the employer is required to do the following:

• Maintain records including the names and ID numbers of affected employees.
• Identify the length of time the worker was exposed.
• Record the exposure level the affected worker(s) were exposed.

These steps are taken so that the actual achievement of a rotation schedule approach can be verified.

Respiratory Protection

Respirators must be provided at no cost to workers when:

• Exposure to lead exceed the PEL.
• Engineering controls and work practice controls do not reduce exposures below the PEL.
• An employee requests one.
• As an interim protective measure whenever Presumed Exposure Category Tasks 1, 2, or 3 are performed.

Powered Air Purifying Respirators (PAPR's) must be provided whenever an employee request one IF the PAPR provides sufficient protection for the exposure.

Where respirators are used, the employer MUST HAVE a written respiratory protection program which complies with the OSHA respirator standard under 29 CFR 1910.134. That standard requires fit testing and medical certification that the employee can safely use a respirator, among other requirements.

A respirator selection table is provided in the standard for the purpose of selecting proper respirators based upon the exposure level. (See Appendix).

Protective Clothing and Equipment

The employer is required to provide protective clothing to each employee as follows:

• Exposure to lead exceeds the PEL.
• Workers are exposed to lead which may cause skin or eye irritation.
• As interim protection when performing Presumed Exposure Category Tasks 1, 2, or 3.

Protective clothing and equipment is to be provided at no cost to the employee. Protective clothing and equipment may include coveralls, gloves, hats, shoes, disposable shoe coverings, face shields, vented goggles, or other appropriate protective equipment necessary to protect the exposed employee.

Reusable protective clothing (such as reusable coveralls), must be provided in a clean and dry condition at specific intervals based upon the employees level of airborne exposure to lead. Reusable protective clothing must be provided as follows:

The employer is responsible for cleaning, laundering, disposal, repair, and replacement of such gear.

The employer must also assure that no worker wears contaminated clothing or equipment off the job and that such clothing and equipment is removed after the job only in the change areas provided. NO WORKER should ever wear lead- contaminated clothing off the job. The lead on the clothing will contaminate vehicles and the worker's home, potentially exposing family members to lead.

IT IS NOT PERMISSIBLE to clean protective clothing or equipment using compressed air, shaking, or other methods that release lead into the air.

Housekeeping

The standard requires that all work areas be kept as free of lead accumulation as practicable. High Efficiency Particulate Air (HEPA) vacuums are the preferred method for cleaning. Shoveling and dry or wet sweeping are not permitted unless HEPA vacuuming, has been demonstrated to not be effective. Compressed air can not be used for cleaning unless special ventilation systems are also used to capture the dust generated by that technique. An example is blow-down of blasted metal surfaces inside a containment structure which has been designed to keep dust levels down using special ventilation systems.

Hygiene Facilities

The standard has a number of provisions which address the fact that lead is a health hazard to workers from routes of exposure other than breathing air which has lead dust in it. These aspects of the standard are designed to protect workers from ingesting lead and from tracking lead around the job site and into their homes. Included are:

• Prohibitions
• Changing Areas
• Showers
• Eating Facilities
• Hand wash facilities

Prohibitions

In any work area with airborne lead levels over the PEL, workers are prohibited from smoking, eating, drinking, and applying cosmetics. Food, drinks, and tobacco products are not even allowed in such work areas.

Clean Changing Areas

Where workers are exposed over the PEL, or where workers are performing presumed exposure tasks, clean change areas must be provided. These must include separate storage areas for protective clothing and equipment and for street clothes. The employer is responsible for assuring that workers do not leave the job wearing contaminated clothing.

Showers

Again, where exposures exceed the PEL the employer must provide and assure the use of showers for exposed workers. Showers must be provided "where feasible." OSHA has developed additional guidelines which better define what "feasible" means. In practice, portable shower facilities are usually provided for large lead related projects. The employer must provide soap and clean towels for workers having to shower at the end of the work shift. It is important to carefully wash the hair as this is a major collection point for lead dust and debris. Where showers are not provided, workers should change into clean street clothes after washing and shower as soon as they arrive home.

Eating Facilities

Lead free eating areas or lunchroom facilities must be provided for workers exposed over the PEL. Workers using these facilities must wash their hands and face prior to eating, drinking, smoking or applying cosmetics, and they must not enter the area wearing contaminated clothing.

Hand Wash Facilities

Employers must provide hand- washing facilities for workers exposed to lead. Where showers are not provided, the employer is required to assure that all exposed workers use the hand wash facilities to wash their hands and face before leaving the job site.

MEDICAL SURVEILLANCE

Medical surveillance is an important provision of the OSHA standard. This is because the lead which is breathed or ingested ends up in the blood. Therefore, the medical surveillance program centers around the determination of the level of lead in the worker's blood. When your blood lead level increases, this indicates that the protective measures being used on the lead job may not be adequate. The medical surveillance requirements of the standard are somewhat complex, but the following covers the highlights which are important to you.

Initial Surveillance

Initial surveillance is a determination of your blood lead level. This is often referred to as "biological monitoring." The initial determination is required if you are exposed at or above the action level on any one day, or you are engaged in lead work covered by any of the three presumed exposure category work tasks. Your employer must have your blood lead level determined prior to, or no later than, after the second day of lead exposure. This is a critical test as it establishes your base line blood lead level. Any future blood lead level tests will then indicate whether you have been overexposed. This is because any increase in your blood lead level over the level you had when you started the job will indicate that you have been overexposed. All labs testing blood for lead levels must be approved by OSHA.

Biological monitoring is also required every 2 months during the lead exposure job for the first 6 months, and every 6 months after that, for workers exposed to lead at or above the action level for more than 30 days annually. IF YOUR BLOOD LEVEL increases to, at, or above 40 micrograms per deciliter (µg/dl), biological monitoring must continue every 2 months until your blood lead level drops below 40 µg/dl.

If two blood lead levels taken no more than two weeks apart are at or above 50 µg/dl, you qualify for Medical Removal Protection, (MRP). MRP will be reviewed later, but if you are covered by the MRP provisions, your blood lead level will be determined every month until the lead level drops to 40 µg/dl or below.

Your employer is required to notify you in writing of the results of your blood lead test within 5 working days of receipt of the data from the lab. If your blood level exceeds the MRP trigger level, your employer must advise you of the provisions of the MRP protections as well.

Medical Examinations

Medical examinations involve an examination by a licensed physician in accordance with criteria established in the standard. The employer must make available medical exams to those workers exposed at or above the action level for more than 30 days in any consecutive 12 months in accordance with the following schedule:

• Annually for each worker whose blood lead level within the past 12 months was at or above 40 micrograms per deciliter.
• When a worker has signs or symptoms associated with lead poisoning.
• When a worker wants medical advice concerning the effects of current or past lead exposure on his or her ability to have healthy children.
• When a worker has difficulty breathing when using a respirator.
• When a worker is pregnant.
• If medically appropriate for workers removed from lead exposure due to a health risk or following a final medical determination.

Medical examinations must be made available to you at no cost and at reasonable times and places. Your employer is entitled to receive ONLY the physician's written medical opinion which addresses whether the worker has any medical condition that could put the worker's health at increased risk from exposure to lead. The employer must provide you a copy of this medical opinion. The physician can NOT reveal any other information about you which is not related to lead exposure to your employer.

There are other provisions in the standard with regard to medical surveillance. These include, for example, your right to have a second medical opinion and examination at the cost of the employer if you disagree with the findings of the original physician. This process is called "multiple physician review" in the standard.

MEDICAL REMOVAL PROTECTION (MRP)

If your blood lead level is at or above 50 µg/dl, your employer must provide another blood lead test within two weeks. If the second test is also at or above 50 µg/dl, you qualify for Medical Removal Protection (MRP). This means that the employee must be removed from any job with lead exposures at or above the action level (30µg/m³ until your blood lead level drops below 40 µg/dl in two consecutive blood tests. If the employer does not have any other job for you which does not involve lead exposure, the employer must pay you MRP benefits which maintain your total earnings, seniority, and other employee rights and benefits for a period of up to 18 months or until your blood lead drops below 40 µg/dl (in two consecutive BLL tested). If your employer moves you to a non-lead exposed job, your earnings, seniority and benefits cannot be reduced. These protections apply for as long as the job you were performing continues.

If you file for workers' compensation (while on MRP), the amount the employer must pay you is reduced by the amount of your compensation payment.

The MRP section of the OSHA Standard is much more detailed than covered here, but this covers the basic protections which you are guaranteed if you are overexposed to lead on the job. If you are covered by the MRP provisions, you must agree to have a blood lead determination made once per month until your blood lead level drops below 40 µg/dl or the 18 month period ends.

EMPLOYEE INFORMATION AND TRAINING

The standard requires that your employer provide you training prior to the time of job assignment where you are subject to exposure to lead at or above the action level for any one day or where you may be exposed to lead compounds which may cause skin or eye irritation. Training is required annually for each employee subject to exposure to lead at or above the action level for any one day. The standard specifies the minimum elements which must be covered in the training program. No minimum training hours are specified, however. This training program for Laborers exceeds the requirements of the standard for the basic materials to be covered. The employer must also cover the engineering controls and work practices to be used on the specific job and the written compliance program. This is site-specific training. The standard also requires training under OSHA's Hazard Communication Standard, 29 CFR 1926.59.

The EPA has issued regulations requiring the training and certification of workers, supervisors, and contractors engaged in residential lead work. Training requirements for lead related work on bridges, steel structures and commercial buildings are currently being developed, although no anticipated time of release has been stated.

SIGNS

The employer is required to post signs in each work area where employees' exposure to lead is above the PEL which reads:

RECORDKEEPING

Your employer is required to establish and maintain accurate records covering a number of matters including:

• Exposure monitoring.
• Medical surveillance.
• Medical removals.
• Objective data used to establish the basis for avoiding the requirement to conduct initial exposure monitoring.

All of these records must be available to you, whether a current or past employee, and your designated representative, among others. The employer may not charge the cost of copying the materials. All of these records are available to you under OSHA's "Access to Employee Exposure and Medical Records" regulation in 29 CFR 1926.33.

It is important that you request IN WRITING that your records be sent to someone you designate, such as your family physician, when you leave the job. Figure 3-2 illustrates a sample authorization letter for release of employee medical record information to a designated representative.

APPENDICES

There are a number of appendices to the standard that provide more information on procedures and methods to comply with the standard. The appendix provides an important discussion of the health hazards of lead. You should take the time to read that appendix which is provided in this training manual.

U.S. ENVIRONMENTAL PROTECTION AGENCY

The U.S. Environmental Protection Agency (EPA) has responsibility for environmental issues including air pollution, water pollution, solid waste disposal, and drinking water standards. The US EPA frequently works closely with state agencies who enforce state regulations which are at least equivalent to federal standards. Additionally, the US EPA has regulatory responsibility over the following areas:

Air

EPA has established lead as a national primary pollutant with an ambient air quality standard for lead of 1.5 µg/m³, averaged over a calendar quarter. In addition, EPA has an ambient air standard for particulate matter, for very small particles less than 10 microns in size (called PM-10) that can't exceed 150 µg/m³ averaged over a calendar quarter. Work on bridges, steel structures, and demolition may cause an air or soil problem with lead particles from uncontrolled ventilation from the work area. HEPA filtration of air discharged to the outside is recommended.

Waste

EPA has designated lead and lead compounds (not otherwise specified), as hazardous constituents of solid waste. EPA lists reportable quantities (RQs) for lead and several of its compounds at one pound.

Under a federal law called the Resource Conservation and Recovery Act (RCRA), the US EPA has been given the responsibility for regulating hazardous waste. The EPA classifies a waste as hazardous based on whether it's specifically listed as a hazardous waste or if the waste has hazardous characteristics, such as toxicity or corrosiveness.

Waste generated from construction work performed on bridges, steel structures, and demolition can be classified as hazardous waste. For example, spent abrasive blasting material that contains lead paint may be a waste that EPA considers as hazardous. For wastes containing lead, the EPA requires that a specific test be performed on the waste, the Toxicity Characteristic Leaching Procedure or TCLP, to determine how much lead is leached out of the waste. If the waste leaches 5 milligrams of lead per liter (5 mg/liter) or more using the TCLP test, the waste is considered to be hazardous and must be handled, stored, and disposed of following EPA regulations for hazardous wastes.

When conducting lead work on bridges, steel structures, and demolition, the contractor may become a hazardous waste "generator" under the EPA regulations. Each contractor must determine if the waste he/she is generating from the work is a hazardous waste and how it is to be disposed of properly.

US CONSUMER PRODUCT SAFETY COMMISSION

The U. S. Consumer Product Safety Commission (CPSC) is responsible for establishing and enforcing Federal Safety Regulations covering consumable items for general public use, including the paint that a contractor would be able to use to repaint an abated surface. In 1977, the CPSC limited lead in most paints to 0.06%.

MEDICAL SURVEILLANCE FLOWCHARTS

Federal regulations include specific monitoring and surveillance requirements which are dictated by blood lead level results. The flowcharts illustrated in Figures 3-3 and 3-4 summarize the medical surveillance requirements under the OSHA lead

Figure 3-3. Medical Surveillance flowchart I.

 

Figure 3-3. Medical surveillance flowchart II.

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