For workers exposed to lead above the PEL for 30 days or less per year, the standard requires employers to implement engineering controls to reduce exposures to lead to 200 g/m3 DOD's medical removal is based on BLLs at or greater than 20 g/dl, and employee return to work when BLL is at or below 15 g/dL (DOD, 2018, p. 55; Table C4.T2, pp. Please provide the amount of time allocated for housekeeping costs calculated on an hourly basis. Start Printed Page 38356 Under the Retail Settings protocol, retail employers could assume that workers are covered by the Basic Rules set out in the DOSH stakeholder review draft, which include requirements for cleaning practices, hygiene, PPE, and provisions for hazard communication and training. (49) Does your company have cleaning criteria specific to surfaces? The Washington DOSH stakeholder review draft describes a protocol for use by contractors and maintenance operations handling lead-containing paint. The lookback study also concluded that the lead in construction standard has not had negative economic impacts on business, including small businesses, and therefore remains economically feasible. https://www.cdph.ca.gov/Programs/CCDPHP/DEODC/OHB/OLPPP/CDPH%20Document%20Library/LICStdRecsSummary.pdf. SUMMARY: The notice is an important part of US administrative law, which facilitates government by typically creating a process of taking of public comment.The term is also used at the state level in the . A variety of public health and government organizations have developed recommendations or revisions to standards to more stringently limit occupational exposures to lead and manage the effects of exposure in exposed workers. Employers following a safe harbor compliance protocol completely would be considered in compliance with the lead rule for tasks covered and would not be cited for departing from the main body of requirements of the lead rule for those tasks. To implement this protocol, employers and building owners may assume that paint contains lead or conduct screening tests to determine lead content. Fourth national report on human exposure to environmental chemicals, updated tables, March 2022, volume one. (59) How many and what kinds of small businesses or other small entities in your industry could be affected by lower BLL triggers in the OSHA lead standard for construction? Accessed on November 10, 2020. Adult Blood Lead Epidemiology and Surveillance (ABLES). The Department of Defense (DOD) commissioned the National Research Council (NRC) to conduct a study to determine whether current OSHA exposure standards used on firing ranges are protective. http://www.aoec.org/documents/positions/MMG_FINAL.pdf. The National Academies Press, Washington, DC. Retrieved from: To estimate the number of workers with BLLs at or above each ABLES reporting level and the OSHA standards' medical removal levels by NAICS, BLL data from the ABLES program and the CDPH Occupational Blood Lead Registry for the years 2012-2014 and 2015-2018 (Payne, 2017; CDPH, 2020a; CDPH, 2020b) were pooled. The California Department of Public Health (CDPH) Occupational Lead Poisoning Prevention Program (OLPPP) made recommendations to Cal/OSHA for revising its General Industry Lead Standard and Construction Industry lead standards for the protection of workers who are exposed to lead on the job, available at This may be due to differences in individual susceptibility to lead (Grandjean 1991, pp. DBE/ACDBE Notice of Proposed Rulemaking (NPRM) and the Please provide the amount of time allocated for hygiene costs calculated on an hourly basis. Based on an order issued by the U.S. Court of Appeals for the Tenth Circuit on February 17, 2022, the minimum wage requirements of the final rule implementing Executive Order 14026 are not currently being enforced as to "contracts or contract-like instruments entered into with the federal government in connection with seasonal recreational services or seasonal recreational equipment rental . (2019). The physician may, if authorized by the employee in writing, inform the employer of any recommendations for limitations on exposure to beryllium and for further testing at another facility and/or continued medical surveillance. Thus, a worker may have an elevated BLL while the ZPP level is still within normal range. protocol described above, which is being considered for adoption in Washington State? (2007). (2014). Alteration of serum thyroid levels (T3, T4, TSH), decreased levels of serum vitamin D. Liver enlargement, increased gall bladder wall thickness, increased total cholesterol. The general industry standard once required the analysis to be conducted by a laboratory licensed by the CDC or which has received a satisfactory grade in blood lead proficiency testing from the CDC within the previous 12 months (per 29 CFR 1910.1025(j)(2)(iii)), but now allows testing to be conducted in a CLIA compliant laboratory (OSHA, 2018). OSHA is considering rulemaking to revise its standards for occupational exposure to lead based on medical findings since the issuance of OSHA's lead standards that adverse health effects in adults can occur at Blood Lead Levels (BLLs) lower than the medical removal level (60 g/dL in general industry, 50 g/dL in construction) and lower than the level required under current standards for an employee to return to their former job status (<40 g/dL). For example, BLLs as low as 5 g/dL have been associated with impaired kidney and reproductive function, high blood pressure, and cognitive effects attributed to prenatal exposure. USDOT Proposes Requirements for Real-time Hazmat Information for Download a printable copy of the Notice of Proposed Rulemaking by clicking the PDF download button. Please provide data, if available. 63). If yes, please describe the controls and whether you observed a subsequent reduction in BLLs. Lead body burden can be measured using x-ray fluorescence techniques but such methods are currently not widely or readily available (ACOEM 2016, p. e372; CSTE 2015, p. 2). Some variation exists between the housekeeping provisions for general industry and construction. Requirements for Return to Lead-Exposed Work, 1. could be applied to workers handling lead-containing products for sale in retail settings where it is expected that lead will be generally well controlled. e.g., 464, 466; EPA, 2013, pp. This site displays a prototype of a Web 2.0 version of the daily Start Printed Page 38358 ACOEM's recommendations refer to significant lead exposure, defined as an airborne or surface lead content known or reasonably anticipated to cause elevated BLL (ACOEM 2016, p. e372, Table 1); and refer to a lead-exposed worker, defined as any worker who is handling or disturbing materials with a significant lead content in a manner that could reasonably be expected to cause potentially harmful exposure through lead dust inhalation or ingestion, regardless of airborne lead concentrations or surface contamination levels (ACOEM 2016, p. e372). (51) Have you provided hygiene facilities or used hygiene practices beyond the requirements of OSHA's lead standards? publication in the future. This may include a schedule for cleaning and periodic surface cleanliness measurements, specific types of cleaning practices and activities, or other activities associated with surface decontamination. , among other changes. The Agency for Toxic Substances and Disease Registry (ATSDR) has stated that all the health effects discussed here can result from all three of these routes of exposure (ATSDR, 2020). (2004). The discussion draft and related documents are available at (60) Are there special issues or reasons that lower BLL triggers are more difficult or costlier to implement in small firms? In 1992, OSHA promulgated an interim final rule for lead exposure in construction (29 CFR 1926.62) as required by Title X of the Housing and Community Development Act of 1992 (102 Pub. If possible, please submit estimated increases in the number of affected employees and in costs if the BLL for allowing return to work were reduced to a level lower than OSHA's current BLL of 40 g/dL. Press release May 5, 2022 10. Note: Washington DOSH's stakeholder review draft contemplates that maintenance and housekeeping staff working in a clean area may be doing work covered by the lead rule. MIOSHA's revisions followed recommendations developed by a group of stakeholders over the course of meetings held in 2017 and 2018. Also provide related initial and annual engineering control costs of upgraded controls, as well as the expected life of the equipment. (2016). 7. (2010). 54 (8): 587-591. While the questions pertaining to current requirements are primarily addressed to employers, OSHA will review and consider all information submitted in response to these questions. USCIS Issues Proposed Rule to Adjust Certain Immigration and Accessed on November 10, 2020. https://ntp.niehs.nih.gov/ntp/ohat/lead/final/monographhealtheffectslowlevellead_newissn_508.pdf. Accessed on November 10, 2020. Accessed on July 14, 2021. ZPP is generally not elevated until BLLs exceed 25 g/dL (Kosnett et al 2007, p. 468). Final Rule: Increasing the Minimum Wage for Federal Contractors If yes, has it reduced BLLs in your workers? (2020). [1] 22-2 (11) Should OSHA revise its general industry standard to require employers to notify all employees who receive blood lead testing of their results, similar to the requirements of its construction standard and requirements under consideration by Washington DOSH and Cal/OSHA? California Department of Public Health (CDPH). (2008). In addition, for employees who were exposed on (41) The OSHA lead standard for general industry requires the employer to institute a medical surveillance program for all employees who are or may be exposed at or above the AL (30 g/m3 However, since OSHA promulgated the standard, much more has become known regarding acute and chronic exposures (especially at low levels) and susceptible populations. will not automatically number the attachments. Lead ExposureTable 2Industry Group Profile (Subcategory) OSHA Information System (OIS) Personal Sampling Data for Lead (2014-2018). U.S. Census Bureau, 2017, Statistics of US Businesses, Program Glossary. Document page views are updated periodically throughout the day and are cumulative counts for this document. (2016). OSHA identified the industry sectors associated with lead exposure as those found in the ABLES dataset. Washington DOSH has also proposed a reduction in the PEL from 50 g/m3 (2018). If so, what are your procedures and current costs for this testing? The Act required the National Institute for Occupational Safety and Health (NIOSH) to report on take-home contamination from workplace chemicals and substances, including lead. Employers are required to provide work clothing and equipment if an employee is exposed to lead above the PEL or where the possibility of skin or eye irritation exists. Retrieved from: Start Printed Page 38344, H. Questions for Employers on Current Practices. (22) Washington DOSH's stakeholder review draft would require that the training provided to all lead-exposed workers include information on special precautions for pregnant workers. ) for more than 30 days in any consecutive 12 months, OSHA's lead standard for construction requires the employer to provide blood lead testing at least every two months for the first six months, and every six months thereafter. Notice of Proposed Rulemaking. Agency for Toxic Substance and Disease Registry (ASTDR). et seq. NIOSH noted that preventing take-home exposure is critical because decontaminating homes and vehicles is not always effective. High individual variability: OSHA, as well as a number of agencies and public health groups state that the BLL is the best method available to monitor lead exposure (1910.1025, Appendix C; ACOEM 2016, p. e372; AOEC 2007, p. 4; CDPH 2009, p. 4; CSTE 2015, p. 2). 800, Sacramento, CA 95833-1880. Hu H, Shih R, Rothenberg S, Schwartz BS. The California Department of Public Health (CDPH) Occupational Lead Poisoning Prevention Program made recommendations for revisions to the California OSHA (Cal/OSHA) lead standards for general industry in 2010 and construction in 2011, including recommendations to lower the BLLs for medical removal and return to former job status; require more frequent BLL testing; broaden the provision and notification processes for BLL testing for exposed workers; and lower the 8-hour time-weighted average (TWA) PEL (CDPH, 2010; CDPH, 2011). Notice of Proposed Rulemaking After an agency researches the issues and determines whether a new Rule is necessary, it often proposes a regulation, also known as a Notice of Proposed Rulemaking (NPRM). Third Further Notice of Proposed Rulemaking, FCC 22-47, 2022 WL 2290237 at *1, para. Safe Harbor Protocol for Office and Residential Settings, OSHA's general industry standard for lead requires an employer to remove an employee from work involving exposure to lead at or above the action level (30 g/m3 (55) Have you evaluated lead surface contamination to investigate elevated employee BLLs in areas where airborne lead exposure was below the PEL? OSHA Enforcement Data, Inspection. Occupational Safety and Health Administration (OSHA). The employer must also ensure that food or beverage is not present or consumed, tobacco products are not present or used, and cosmetics are not applied in areas where workers are exposed above the PEL. (2016). Grandjean P, Jorgensen PJ, Viskum S. (1991). Retrieved from: Follow the instructions online for making electronic submissions. NOTICE OF PROPOSED RULEMAKING TITLE 17. https://cfpub.epa.gov/ncea/isa/recordisplay.cfm?deid=255721. In OSHA's beryllium standard, for example, the information provided to the employer may not contain the results of medical exams performed. The phrase `95th percentile worker' in this context means that ninety five percent of the workers removed from lead exposure after a 40-year work life of lead exposure resulting in a BLL of 20 g/dL would be expected to take 10 weeks for their BLLs to decline 5 g/dL to 15 g/dL. (40) What are your current costs of medical surveillance per employee? Notice of Proposed Rulemaking (NPRM) | Center for Effective Government There are three requirements for biological monitoring that are triggered by the current AL (30 g/m3 Under this protocol, the following medical surveillance provisions would apply: workers with BLLs found above 20 g/dL would be tested monthly until their BLL is below 15 g/dL for two monthly tests; workers would be eligible for the medical removal requirements included in the rule; and workers with a BLL greater than 10 g/dL for more than 4 months must have their case reviewed by a physician. in order to prevent BLLs exceeding 10 g/dL in at least 95% of workers with regular and long-term exposure. The following sections outline the current medical management and monitoring practices required under OSHA's lead standards, in order to contextualize OSHA's later questions regarding possible changes to these requirements in Section II, Request for Input. Please provide specific recommendations for frequency and exposure triggers, and please explain your answers. August 2018. About the Federal Register The agency is also seeking input about how current ancillary provisions in the lead standards can be modified to reduce worker BLLs. Accessed on November 10, 2020. Document Drafting Handbook Please explain your answer and, if available, provide information on the feasibility and cost of these requirements if adopted by OSHA. meilinger.francis2@dol.gov. 115: 463-471. Under the Washington DOSH stakeholder review draft, infrequent elevated BLLs above 20 g/dL would not disqualify an employer when: (1) the elevated BLL is documented as a baseline level prior to work with the company at this facility or any other facility operated by the employer, or (2) the employer documents the exposure incident responsible for the elevated BLL and takes corrective action to effectively prevent further exposures. (2007). Regulations.gov This dataset shows that the national prevalence rate of BLLs 10 g/dL for adults declined from 26.6 adults per 100,000 employed in 2010 (among 37 reporting states) to 15.8 in 2016 (among 26 reporting states). . It is not intended for lead abatement work as defined by the U.S. Department of Commerce and EPA, which would be expected to involve greater levels of exposure than is contemplated by this protocol. California's most recent discussion draft and other materials related to the advisory meetings are available at Paint could be tested by collecting samples for laboratory analysis, use of X-ray fluorescence, or following EPA/Department of Commerce rules for colorimetric testing kits. (12) Should OSHA remove the requirement for ZPP testing currently included in its lead standards? to 2 g/m3 Lead exposures in adults above background or baseline levels are typically associated with occupational exposures. Describe any such effects. PDF Noticed of Proposed Rulemaking, Record Maintenance 653, 655, 657), Secretary's Order 8-2020 (Sept. 18, 2020), and 29 CFR part 1911. Start Printed Page 38355 (3) Are these still appropriate tests or should a full medical examination include any other tests? (2020a). DEPARTMENT OF DEVELOPMENTAL SERVICES . Retrieved from: (2020). 111-112) or other factors. Accessed on November 10, 2020. As a result, a high BLL may represent a high recent exposure without an excess of total body burden, and a low BLL does not necessarily mean that total body burden is low (29 CFR 1910.1025). MIOSHA changed the BLL at which an employee may return to lead exposure from below 40 g/dL to below 15 g/dL in both general industry and construction. Employers would assume paint in structures built before 1978 contains lead in quantities that will require controls and PPE as specified in this protocol. Washington DOSH's stakeholder review draft similarly includes a return-to-work BLL of below 15 g/dL for both general industry and construction lead standards. Please explain your answers. The medical surveillance and medical removal protection provisions in OSHA's lead standards contain BLL triggers for medical removal, return to work status, and employee notification of blood test results. and then allows the use of any combination of controls (engineering, work practice, respiratory controls) to maintain exposures at or below 50 g/m3 More recent OSHA standards include measures to enhance employee privacy and encourage employees to participate in medical surveillance by minimizing fears about retaliation or discrimination based on medical findings. PDF The Rulemaking Process - Federal Register Only official editions of the (2020a). Safe Harbor Protocol for Handling Lead-Containing Articles in Retail Settings, 4. rendition of the daily Federal Register on FederalRegister.gov does not (2007). Wherever possible, please indicate the title of the person providing the information and the type and number of employees at your worksite. https://lni.wa.gov/safety-health/safety-rules/rulemaking-stakeholder-information/sh-rules-stakeholder-lead. https://www.cdph.ca.gov/Programs/CCDPHP/DEODC/OHB/OLPPP/Pages/OLPPP.aspx. Retrieved from: Contact the OSHA Docket Office at 202-693-2350 (TTY number: 877-889-5627) for assistance in locating docket submissions. Accessed on November 10, 2020. Whenever damage is discovered, by inspection, occupant report, or other observations, the building owner or employer would be required to assess the damage and ensure any repair and clean-up is done in a timely manner using methods that limit the spread of lead-containing materials ( www.regulations.gov, American College of Government Industrial Hygienists (ACGIH). The metals action level (item #2) also applies when workers directly contact the metal with skin, personal protective equipment, or clothing. The employer must implement a respiratory protection program (including identification of a respirator program administrator; identification of the respirator models and configuration the employer will require for each task performed; and the process for medical clearance and fit testing of workers) and must provide personal protective equipment including either safety glasses/goggles or full face respirators; disposable overalls or overalls that are laundered per Washington DOSH rule requirements; work boots; disposable shoe covers or dedicated work boots that are not worn off the worksite for workers scraping or sanding paint; gloves or a glove combination sufficient to prevent lead accumulation on the hands and provide necessary protection from cuts or other hand hazards; and other personal protective equipment www.osha.gov/laws-regs/standardinterpretations/1996-03-04-1. DA/FCC #: FCC-23-52. Martin CJ, Werntz CL, Ducatman AM. Retrieved from: and included ancillary provisions similar to those in the general industry lead standard. Section 504 Notice of Proposed Rulemaking Expected August 2023 California Department of Public Health (CDPH). Medical Management Guidelines for Lead-Exposed Adults. (29) Are there any situations in which reducing lead exposures to employees would be inconsistent with meeting environmental regulations? U.S. Department of Defense (DOD). Accessed on July 12, 2021. ACTION: Notice of proposed rulemaking. Below, in the Report and Order, we resolve certain of the issues on which we sought comment in the Notice of Proposed Rulemaking appended to the FY 2021 Report and Order and rely on the record in MD Docket No. 7-18; NAS, 2013, pp. All submissions, including copyrighted material, are available for inspection at the OSHA Docket Office. Additionally, the Consumer Products Safety Commission (CPSC) implemented regulations prohibiting lead from most consumer products and banned lead from residential paint (16 CFR 1303). OSHA's standard for lead in general industry expresses blood lead in units of g/100g of whole blood. Please describe how your practices differ from requirements in OSHA's lead standards. ACOEM has recommended that lead workers' BLLs be measured every two months for the first six months of placement, or upon change to tasks resulting in higher exposure, and that BLLs should be measured every six months thereafter (ACOEM 2016, p. e372, Table 1). All blood lead analysis performed in a CLIA-compliant lab must meet the Proficiency Testing requirement of 4 g/dL or 10%, whichever is greater. Memorandum. (1) Should OSHA consider changing the BLL at which an employee in general industry or construction is to be removed from lead exposure to match any of the approaches described above? The comment period closes at 11:59 p.m. Eastern on the last day of the comment period. Washington DOSH's stakeholder review draft would require the employer to replace or launder PPE at least daily for employees whose exposure levels exceed 50 g/m3 As discussed previously in Section I.C.2, 13. OSHA's construction standard requires an employer to remove an employee from work involving exposure to lead at or above the AL when the employee's BLL is at or above 50 g/dL for two consecutive tests. . NOTICE OF PROPOSED RULEMAKING Adopted: January 27, 2022 Released: January 27, 2022 Federal Communications Commission FCC 22-7 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Empowering Broadband Consumers Through Transparency CG Docket No. Some variation exists between the hygiene facilities and practices provisions for general industry and construction. FTC to Explore Rulemaking to Combat Fake Reviews and Other Deceptive Start Printed Page 38353 During approximately the same time-frame, the United States Congress enacted a law to provide Federal financial assistance to help cities and communities eliminate the causes of lead-based paint poisoning and detect and treat incidences of lead poisoning (Pub. Office of Environmental Health Hazard Assessment (OEHHA). [2] the Federal Register. ? Abt Associates, Division of Health and Environment. . The Cal/OSHA Discussion Draft SECAL for grid production and small parts casting, and plate formation would require employers to comply with an exposure limit of 50 g/m3. Please explain your answer. At what level do you believe the PEL should be set to reduce the harmful effects of lead exposure in exposed workers? to the courts under 44 U.S.C. Occupational Lead Poisoning Prevention Program (OLPPP). of lead as an 8-hour TWA, and weekly for other lead-exposed employees. OSHA's general industry and construction standards contain medical removal provisions for workers whose BLLs exceed a certain level: in general industry, when a periodic and a follow-up blood test result show BLL 60 g/dL, or an average of the last three blood lead tests show BLL 50 g/dL; and in construction, when a periodic and a follow-up blood test result show BLL 50 g/dL. If quantitative, do you use lead dust hazard levels established by HUD and EPA? In contrast, the Washington DOSH stakeholder review draft would require employers to provide ongoing blood lead monitoring for employees exposed at or above any action level for more than 10 days per year, including any day involving a combined total of at least one hour of: (1) activity disturbing or touching metals containing 20 percent or more lead (by weight); (2) activity disturbing non-metals containing 0.5 percent or more lead by weight; (3) creating aerosols or fumes from materials containing 0.1 percent or more lead by weight; or (4) work in areas with surfaces at a Surface Action Level of 1000 g/dm[2]
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