For purposes of this section, the definitions in section 5161 do not apply to the terms used throughout this section.
Action level. Employee exposure, without regard to the use of respirators, to an airborne concentration of lead of 2 micrograms per cubic meter of air (2 µg/m3), calculated as an 8-hour time-weighted average (TWA).
Altering or disturbing. Subjecting to a process that may result in the release of lead dust, lead mist, lead fume, or other lead particles. Such processes include, but are not limited to, welding, torch cutting, brazing, torch soldering, melting, pouring, spraying, cutting, shredding, crushing, baling, grinding, polishing, machining, drilling, scraping, sanding, abrading, sweeping, raking and shoveling.
Blood lead level. The concentration of lead measured in whole blood, expressed as micrograms per deciliter (µg/dl) of whole blood.
Chief. The Chief of the Division of Occupational Safety and Health (Cal/OSHA), or designee.
Director. The Director, National Institute for Occupational Safety and Health (NIOSH), U. S. Department of Health and Human Services, or designee.
High-efficiency particulate air (HEPA) filter. A filter that is at least 99.97 percent efficient in removing particles 0.3 micrometers in diameter.
Lead. Metallic lead, all inorganic lead compounds, and organic lead soaps. Excluded from this definition are all other organic lead compounds.
Physician or other licensed health care professional (PLHCP). An individual whose legally permitted scope of practice (i.e., license, registration or certification) allows the individual to independently provide or be delegated the responsibility to provide some or all of the health care services required by this section.
Presumed significant lead work (PSLW).
Exception: Altering or disturbing material, as specified in this subsection, or torch cutting any scrap metal, does not constitute PSLW when the total combined duration of lead exposure resulting from altering, disturbing, and torch cutting is less than 8 hours during any 30-day period.
Separate Engineering Control Air Limit (SECAL). An airborne concentration of lead calculated as an 8-hour TWA, without regard to respirator use. SECALs for selected processes are included in subsection (e)(1)(C).
Until the employer performs an employee exposure assessment as required under subsection (d) and determines actual employee exposure, the employer shall provide employees performing PSLW with interim protection as follows:
Note: A respirator that provides greater protection, such as a full-face respirator, may be appropriate when employees perform tasks such as welding, grinding, torch burning, torch cutting, and cleaning or emptying bullet traps.
Table 1 -- Separate Engineering Control Airborne Limits (SECALs) for Selected Processes; Implementation Schedule
Industry | Process | SECAL and Implementation Dates |
Lead acid battery manufacturing | Oxide production; paste mixing; grid pasting and parting; and battery assembly. | 50 µg/m3 on January 1, 2025, then 40 µg/m3 on January 1, 2030. |
Grid production and small parts casting; and plate formation. | 50 µg/m3 on January 1, 2025, then 30 µg/m3 on January 1, 2030. | |
Lead acid battery recycling | Laboratory processes. | 50 µg/m3 on January 1, 2025, then 30 µg/m3 on January 1, 2030. |
Movement of lead ingots and blocks into storage areas. | ||
Movement of lead ingots and blocks for shipping. | ||
Maintenance processes. |
The employer shall ensure that labels of bags or containers of contaminated protective clothing and equipment include the following information:
DANGER: CLOTHING AND EQUIPMENT CONTAMINATED WITH LEAD. MAY DAMAGE FERTILITY OR THE UNBORN CHILD. CAUSES DAMAGE TO THE CENTRAL NERVOUS SYSTEM. DO NOT EAT, DRINK OR SMOKE WHEN HANDLING. DO NOT REMOVE DUST BY BLOWING OR SHAKING. DISPOSE OF LEAD CONTAMINATED WASH WATER IN ACCORDANCE WITH APPLICABLE LOCAL, STATE, OR FEDERAL REGULATIONS.
Note: A downdraft booth, "air shower," or other appropriate means for the removal of lead dust may be used provided employee exposure to airborne lead dust is prevented during such use.
Exception: In areas where employees are exposed to lead at or below 50 µg/m3 without regard to the use of respirators, the employer may provide employees with access to potable drinking water. The employer must implement, provide training on and ensure compliance with written safe hydration procedures. The employer must be able to demonstrate that employees following these procedures are not exposed to lead above the PEL in accordance with subsection (c)(2), and that water is consumed in a manner that prevents the ingestion of lead.
Exception: Separate storage facilities are not required where clean protective clothing and equipment are provided on a daily basis.
Exception 1: Medical surveillance is not required for an employee who is not exposed to lead at or above the action level for 30 or more days in any 12 consecutive months, and who is not exposed on any day above 10 µg/m3 as an 8-hour TWA, without regard to respirator use.
Exception 2: Medical surveillance is not required for an employee who is not exposed to lead at or above the action level for 15 or more days in any 12 consecutive months, and who is not exposed on any day above 20 µg/m3 as an 8-hour TWA, without regard to respirator use.
Exception: Blood lead testing is not required prior to assignment to work covered by subsection (j)(1)(A) or when work is first determined to be covered by subsection (j)(1)(A) for an employee who has had a blood lead test in the preceding two months.
Exception: A written elevated blood lead level response plan, training and instruction, as specified in subsection (j)(2)(E), are not required when a blood lead level at or above 10 µg/dl is detected only in an employee's blood lead test done prior to their first assignment to work covered under subsection (j)(1)(A).
Exception 1: Medical examinations and consultations are not required for an employee who is not exposed to lead at or above the action level for 30 or more days in any 12 consecutive months, and who is not exposed on any day above 10 µg/m3 as an 8-hour TWA, without regard to respirator use.
Exception 2: Medical examinations and consultations are not required for an employee who is not exposed to lead at or above the action level for 15 or more days in any 12 consecutive months, and who is not exposed on any day above 20 µg/m3 as an 8-hour TWA, without regard to respirator use.
The employer shall ensure that the examining PLHCP explains to the employee the results of the medical examination and provides each employee with a written medical report within 30 days of each medical examination performed. The written report shall contain:
The employer shall remove an employee from work having an exposure to lead at or above the action level, altering or disturbing any material containing lead at a concentration equal to or greater than 0.5% by weight, or torch cutting any scrap metal, on each occasion that:
Exception 1: If the initial removal, special protection, or limitation of the employee resulted from a final medical determination which differed from the findings, determinations, or recommendations of the initial PLHCP.
Exception 2: If the employee has been on removal status for the preceding eighteen months due to an elevated blood lead level, the employer shall await a final medical determination.
Note: When employees are exposed above the PEL, the employer must provide shower facilities and ensure that employees shower at the end of the work shift, in accordance with subsection (i)(3).
DANGER
LEAD WORK AREA
MAY DAMAGE FERTILITY OR THE UNBORN CHILD
CAUSES DAMAGE TO THE CENTRAL NERVOUS SYSTEM
DO NOT EAT, DRINK OR SMOKE IN THIS AREA
Exception: The employer is not required to post the specified warning sign in a work area where employees are exposed to lead at or below 50 µg/m3 without regard to the use of respirators where the employer has implemented written safe hydration procedures in accordance with the exception to subsection (i)(1)(A).
Records of the semi-annual revision and update of the employer's written compliance program, required under subsection (e)(2)(A), shall include the name of the person(s) who reviewed the program, the date the review was completed, and a summary of the revisions and updates to the program. The records shall be retained for three years.
Written elevated blood lead level response plans, required under subsection (j)(2)(E), shall be retained for three years.
The information contained in the appendices to this section is not intended to create any additional obligations not otherwise imposed by this standard nor detract from any existing obligation.
Cal. Code Regs. Tit. 8, § 5198
Note: Authority cited: Section 142.3, Labor Code. Reference: Sections 142.3 and 144.6, Labor Code; and Federal Register Volume 77, Number 58 (Monday, March 26, 2012) Pages 17574-17896.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Federal Register Volume 77, Number 58 (Monday, March 26, 2012) Pages 17574-17896.
2. Change without regulatory effect amending subsection (j)(3)(A) filed 6-26-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 26).
3. Amendment of subsection (f)(2)(A) filed 7-31-2003; operative 8-30-2003 (Register 2003, No. 31).
4. Amendment of subsection (f)(3)(A) and new subsections (f)(3)(C)-(D) filed 3-6-2007; operative 3-6-2007. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2007, No. 10).
5. Change without regulatory effect amending subsection (f)(2)(A) filed 12-1-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 49).
6. Amendment of subsections (j)(2)(B), (j)(2)(D), (k)(1) and (k)(3)(A)1. filed 1-18-2012; operative 1-18-2012 pursuant to Labor Code section 142.3(a)(4)(C). Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2012, No. 3).
7. Amendment of subsection (j)(2)(D)2. filed 9-4-2012; operative 10-4-2012 (Register 2012, No. 36).
8. Amendment of subsection (g)(2)(G), new subsections (g)(2)(G)1.-2., repealer and new subsections (m)-(m)(1)(B), new subsection (m)(1)(C), amendment of subsection (m)(2)(A), repealer and new subsection (m)(2)(B), new subsections (m)(2)(C)-(E), amendment of Note and amendment of Appendix B, item XI. filed 5-6-2013; operative 5-6-2013 pursuant to Labor Code section 142.3(a)(4)(C). Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(4) (Register 2013, No. 19).
9. Amendment of subsection (g)(2)(G), new subsections (g)(2)(G)1.-2., repealer and new subsections (m)-(m)(1)(B), new subsection (m)(1)(C), amendment of subsection (m)(2)(A), repealer and new subsection (m)(2)(B), new subsections (m)(2)(C)-(E), amendment of Note and amendment of Appendix B, item XI. refiled 11-6-2013; operative 11-6-2013 pursuant to Labor Code section 142.3(a)(4)(C). Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(4) (Register 2013, No. 45).
10. Repealer of 11-6-2013 order by operation of law 5-6-2014 pursuant to Labor Code 142.3 (Register 2014, No. 19).
11. Amendment of subsection (g)(2)(G), new subsections (g)(2)(G)1.-2., repealer and new subsections (m)-(m)(1)(B), new subsection (m)(1)(C), amendment of subsection (m)(2)(A), repealer and new subsection (m)(2)(B), new subsections (m)(2)(C)-(E), amendment of Note and amendment of Appendix B, item XI. filed 5-5-2014; operative 5/6/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 19).
12. Amendment of section and NOTE filed 4-8-2024; operative 1/1/2025 pursuant to Government Code section 11343.4(b)(2) (Register 2024, No. 15).