Legal Resources | Code of Regulations, Title 8 | 5198
Chapter 4. Division of Industrial Safety. Subchapter 7. General Industry Safety Orders. Group 16. Control of Hazardous Substances. Article 109. Hazardous Substances and Processes. Lead
al, which dictates further medical examination or treatment.
(6) Chelation.
(A) The employer shall assure that any person whom he retains, employs, supervises, or controls does not engage in prophylactic chelation of any employee at any time.
(B) If therapeutic or diagnostic chelation is to be performed by any person in subsection (j)(6)(A), the employer shall assure 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.
(k) Medical Removal Protection.
(1) Temporary Removal Due to Elevated Blood Lead Levels.
The employer shall 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 (6) months, whichever is longer) indicates that the employee's blood lead level is at or above 50 microgram/100 g 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 microgram/100 g of whole blood.
(2) Temporary Removal Due to a Final Medical Determination.
(A) The employer shall 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.
Note: For the purposes of this section, the phrase "final medical determination" shall mean the outcome of the multiple physician review mechanism or alternate physician determination mechanism used pursuant to the medical surveillance provisions of this section.
(B) 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 shall implement and act consistent with the recommendation.
(3) Return of the Employee to Former Job Status.
(A) The employer shall return an employee to his or her former job status:
1. For an employee removed due to a blood lead level at or above 50 microgram/100 g when two consecutive blood sampling tests indicate that the employee's blood lead level is below 40 microgram/100 g of whole blood; and
2. 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 his or her 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.
(4) Removal of Other Employee Special Protective Measures or Limitations.
The employer shall 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.
(5) 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 shall 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 his or her 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.
Exceptions:
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 physician.
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.
(6) Medical Removal Protection Benefits.
(A) Provision of Medical Removal Protection Benefits. The employer shall provide to an employee up to eighteen (18) 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.
(B) 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 shall 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.
(C) 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.
(D) Worker's Compensation Claims. If a removed employee files a claim for worker's compensation payments for a lead-related disability, then the employer shall 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 shall be reduced by such amount. The employer shall receive no credit for worker's compensation payments received by the employee for treatment related expenses.
(E) 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.
(F) Employees Whose Blood Lead Levels Do Not Adequately Decline Within 18 Months of Removal. The employer shall 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 (18) months of removal so that the employee has been returned to his or her former job status.
1. The employer shall make available to the employee a medical examination pursuant to this section to obtain a final medical determination with respect to the employee.
2. The employer shall assure that the final medical determination obtained indicates whether or not the employee may be returned to his or her former job status, and if not, what steps should be taken to protect the employee's health.
3. Where the final medical determination has not yet been obtained, or once obtained indicates that the employee may not yet be returned to his or her former job status, the employer shall 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 his or her former job status.
4. Where the employer acts pursuant to a final medical determination which permits the return of the employee to his or her former job status despite what would otherwise be an unacceptable blood lead level, later questions concerning removing the employee again shall 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.
(G) 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 shall provide medical removal protection benefits to the employee equal to that required by subsection (k)(5)(A).
(l) Employee Information and Training.
(1) Training Program.
(A) Each employer who has a workplace in which there is a potential exposure to airborne lead at any level shall inform employees of the content of Appendices A and B of this regulation.
(B) The employer shall institute a training program for and assure the participation of all employees who are subject to exposure to lead at or above the action level or for whom the possibility exists of skin or eye irritation from exposure to lead.
(C) The employer shall provide initial training prior to the time of initial job assignment for those employees subsequently covered by this paragraph.
(D) The training program shall be repeated at least annually for each employee covered by subsection (l)(1)(C).
(E) The employer shall assure that each employee covered by subsection (l)(1)(C) is informed of the following:
1. The content of this standard and its appendices;
2. The specific nature of the operations which could result in exposure to lead above the action level;
3. The purpose, proper selection, fitting, use, and limitations of respirators;
4. 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 reproduction effects on both males and females);
5. The engineering controls and work practices associated with the employee's job assignment;
6. The contents of any compliance plan in effect; and
7. 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.
(2) Access to Information and Training Materials.
(A) The employer shall make a copy of this standard and its appendices readily available to all affected employees including employees exposed below the action level.
(B) The employer shall provide, upon request, all materials relating to the employee information and training program to the Chief.
(m) Communication of Hazards.
(1) Hazard Communication - General.
(A) Chemical manufacturers, importers, distributors and employers shall comply with all requirements of the Hazard Communication Standard (HCS) (Section 5194) for lead.
(B) 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.
(C) Employers shall include lead in the hazard communication program established to comply with the HCS (Section 5194). Employers shall 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 (l) of this section.
(2) Signs.
(A) The employer shall 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
(B) The employer shall ensure that no statement appears on or near any sign required by this subsection (m)(2) which contradicts or detracts from the meaning of the required sign.
(C) The employer shall ensure that signs required by this subsection (m)(2) are illuminated and cleaned as necessary so that the legend is readily visible.
(D) The employer may use signs required by other statutes, regulations, or ordinances in addition to, or in combination with, signs required by this subsection (m)(2).
(E) Prior to June 1, 2016, employers may use the following legend in lieu of that specified in subsection (m)(2)(B) of this section:
WARNING
LEAD WORK AREA
POISON
NO SMOKING OR EATING
(n) Recordkeeping.
(1) Exposure Monitoring.
(A) The employer shall establish and maintain an accurate record of all monitoring required in subsection (d).
(B) This record shall include:
1. 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;
2. A description of the sampling and analytical methods used and evidence of their accuracy;
3. The type of respiratory protective devices worn, if any;
4. 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
5. The environmental variables that could affect the measurement of employee exposure.
(C) The employer shall maintain these monitoring records for at least 40 years or for the duration of employment plus 20 years, whichever is longer.
(2) Medical Surveillance.
(A) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance as required by subsection (j).
(B) This record shall include:
1. The name, social security number, and description of the duties of the employee;
2. A copy of the physician's written opinions;
3. Results of any monitoring of exposure to airborne lead done for that employee and the representative exposure level supplied to the physician; and
4. Any employee medical complaints related to exposure to lead.
(C) The employer shall keep, or assure that the examining physician keeps, the following medical records:
1. A copy of the medical examination results including medical and work history required under subsection (j).
2. 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.
3. A copy of the results of biological monitoring.
(D) The employer shall maintain or assure that the physician maintains those medical records for at least 40 years, or for the duration of employment plus 20 years, whichever is longer.
(3) Medical Removals.
(A) The employer shall establish and maintain an accurate record for each employee removed from current exposure to lead pursuant to subsection (k).
(B) Each record shall include:
1. The name and social security number of the employee;
2. 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;
3. A brief explanation of how each removal was or is being accomplished; and
4. A statement with respect to each removal indicating whether or not the reason for the removal was an elevated blood lead level.
(C) The employer shall maintain each medical removal record for at least the duration of an employee's employment.
(4) Availability.
(A) The employer shall make available upon request all records required to be maintained by this subsection to the Chief and the Director for examination and copying.
(B) Environmental monitoring, medical removal, and medical records required by this section shall be provided upon request to employees, designated representatives, and authorized representatives of the Chief in accordance with Section 3204. Medical removal records shall be provided as prescribed by Section 3204 for monitoring records.
(5) Transfer of Records.
(A) Whenever the employer ceases to do business, the successor employer shall receive and retain all records required to be maintained by subsection (n).
(B) Whenever the employer ceases to do business and there is n successor employer to receive and retain the records required to be maintained by this section for the prescribed period, these records shall be transmitted to the Director.
(C) At the expiration of the retention period for the records required to be maintained by this section, the employer shall notify the Director at least 3 months prior to the disposal of such records and shall transmit those records to the Director if requested within the period.
(D) The employer shall also comply with any additional requirements involving the transfer of records set forth in Section 3204.
(o) Observation of Monitoring. During any observation of monitoring under subsection (d) by an affected employee or employees or their representative (pursuant to Section 340.1) in an area where the use of respirators, protective clothing or equipment is required, the employer shall provide the observer with, and assure the use of, such respirators, clothing and equipment and shall require the observer to comply with all other applicable safety and health procedures. Without interfering with the monitoring, the observer shall be entitled to receive an explanation of the measurement procedures used.
(p) Appendices. 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.
Authority cited:
Labor Code 142.3
Reference:
Labor Code 142.3
Federal Register Volume 77, Number 58 (Monday, March 26, 2012) Pages 17574-17896.
(Amended by Register 2013, No. 45.)
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