Spotlighting OSHA’s Lead Standards: Proposed Updates & Implications

By: Ray Chishti, Contributor

OSHA plans to continue its rulemaking efforts to update its lead standards in 2024. The agency will focus on reducing medical removal protection and surveillance triggers under its current General Industry and Construction standards. OSHA’s proposed revisions also can impact blood lead triggers, permissible exposure limits, PPE, housekeeping, hygiene and training.

Employers and safety professionals must stay informed about these developments to ensure they’re ready for upcoming changes. This article will explore the key updates proposed by OSHA and discuss employers’ basic duties under the lead standard.

ANPRM

On June 28, 2022, OSHA published an Advanced Notice of Proposed Rulemaking (ANPRM) in the Federal Register. The ANPRM looked to reduce medical removal protection and surveillance triggers under OSHA’s current General Industry and Construction standards. Public comments concerning blood lead triggers, medical surveillance, permissible exposure limit, PPE, housekeeping, hygiene and training were due online by August 29, 2022.

Welders, painters and plumbers have increased chances of exposure to lead. If workers are not properly protected, they risk getting lead poisoning. (photo courtesy J. J. Keller & Associates, Inc.)

Comment Period

OSHA extended its comment period to October 28, 2022. OSHA is currently summarizing and will respond to timely comments directed at the proposal or procedures. For each comment, OSHA must either explain how the proposed action has been changed to accommodate the comment or state the reasons for rejecting the comment.

In summarizing and responding to public comments, OSHA must demonstrate that it understood and considered the comment. The summary and response to comments are included as part of the rulemaking file in a document called a Final Statement of Reasons—which hasn’t been published for public review yet (as of December 2023), but OSHA tentatively anticipates completing it soon—more than likely, this will be published in 2024.

Health Effects

Recent research indicates that workers can have adverse health effects from lead exposures below current permissible exposure limits—a primary driver in OSHA looking to reduce current PELs. Employers must understand how to:

• Meet their duty under OSHA’s standards;
• Communicate lead exposure hazards to workers; and
• Protect workers from occupational exposure to lead.

Lead (Pb) is a heavy metal that can threaten workers’ health in many occupations. Lead can be inhaled or swallowed and, once inside the body, it tends to remain in tissues and organs. Eventually, after repeated exposures, lead build-up becomes toxic.

If OSHA updates its lead standards, the focus will be placed on the results of applying employers’ duties. Workers have the right to know what operations and processes in the workplace could cause lead exposure. (photo courtesy J. J. Keller & Associates, Inc.)

Lead is an important ingredient in paint because of its rust-
inhibiting properties. Lead-based paints are still used on bridges, railways, ships, lighthouses and other steel structures. However, lead is no longer used in household paints. Significant exposure can arise from removing paint from surfaces previously coated with lead-based paint, such as in:

• Bridge repair
• Residential renovation
• Remodeling
• Demolition

Welders, painters and plumbers have increased chances of exposure to lead. If workers are not properly protected, they risk getting lead poisoning. If OSHA does lower its medical removal limits, employers must ensure controls, such as mechanical ventilation, respiratory protection, housekeeping and hygiene practices, are in place.

If OSHA lowers medical removal limits, not only will employers need to remove workers above the threshold from lead work, but they could be subject to an OSHA inquiry.

What Duties Do Employers Have?

If OSHA updates its lead standards, the focus will be placed on the results of applying employers’ duties. Workers have the right to know what operations and processes in the workplace could cause lead exposure. While using lead in the workplace, employers must test air samples to determine if the amount of lead exceeds the limits set by OSHA. If air sampling in the workplace discloses that lead levels exceed permissible exposure limits (PELs), employers must:

• Provide an overview of the OSHA rule on lead and the company’s written safety plan, if requested;
• Post warning signs in all areas where exposure may exceed PEL;
• Give initial training before the time of the initial job assignment and at least annually after that;
• Inform workers about sources of lead exposure in the workplace and operations that could lead to exposure;
• Provide proper PPE (proper use of work clothing and industrial hygiene can reduce exposure to lead); and
• Offer a medical monitoring program if employees are exposed. Workers have a right to view the results of any medical examination.

Employers must have processes to perform safety observations, so compliance issues with their lead safety program can be identified and corrected immediately.

Don’t forget—employers should post signs, too. In areas with lead, post signs where the permissible exposure level is exceeded in each work area. The signs must bear the legend:

WARNING
LEAD WORK AREA
POISON
NO SMOKING OR EATING

How Can Lead Harm Workers?

Lead can be absorbed into the body by inhaling it or ingesting it. As exposure to lead continues, the amount stored in the human body may increase and raise workers’ blood lead levels. Even though workers may not be aware of any immediate symptoms of the disease, the lead stored in their tissues can be slowly causing irreversible damage. The exposure can damage the nervous system, kidneys, immune system, reproductive system and possibly cause cancer. Damage occurs to individual cells, organs and the entire body system.

How Can Workers Protect Themselves?

Maintaining lead exposure at acceptable levels is possible if following these practices:

• Use an exhaust ventilation system, where provided.
• Don a respirator that will give adequate protection.
• Keep the worksite clean. When removing lead dust, use only a vacuum with a HEPA filter or wet cleaning methods. Never use compressed air for cleaning.
• Eat, drink or smoke in areas outside the worksite. Keep all lunch boxes and coffee cups away from the work area.
• Use protective clothing. Store street clothes separately from work clothes. Never wear contaminated clothes home.
• Shower and change into clean clothes, including shoes, before leaving the worksite so no lead contamination is carried home.

Fall 2023 Regulatory Agenda

According to OSHA’s Fall 2023 regulatory agenda, the agency will continue its efforts to update its lead standards. More than likely, OSHA’s efforts to make updates will be a multi-year effort into 2025 and beyond. During 2024, employers should continue to watch OSHA closely as it continues making strides toward protecting America’s lead workers!

About the Author:

Ray Chishti is a Workplace Safety Editor with J. J. Keller & Associates, Inc. Before joining J. J. Keller, Ray worked as an EH&S professional in auditing, management and executive leadership positions with new construction, operating facilities and large EPC projects valued between $1 million-$2 billion. He has 18+ years of EH&S experience in a variety of industries, including fossil fuel power plants and utility distribution and transmission work. Ray’s experience also includes safety responsibilities in retail grocery stores, warehouse facilities and construction of a college campus. He holds a Juris Doctor with a concentration in Occupational Safety and Health. Ray is also an OSHA-authorized trainer for general industry and construction and holds first aid, AED and CPR certifications.