New Lead Regulations in California: A Closer Look at Changes to the California Lead Standard

With new lead standards approved by the California Occupational Safety and Health Standards Board (Cal/OSHA) on February 15, 2024, California is moving toward greater protections for employees exposed to lead. These changes, set to take effect on January 1, 2025, are intended to significantly reduce occupational exposure to lead, enhancing safety protocols across various industries.

Key Changes in the Regulation

The updated regulations for Construction and General Industry, Title 8, Section 1532.1 and 5198 respectively, introduce several critical changes:

• Reduction to the Action Level (AL): The threshold at which an employer is subject to the standard has been drastically lowered by 93%, from 30 micrograms per cubic meter (µg/m³ ) to 2 µg/m³, as an eight-hour time-weighted average.
• Reduction to the Permissible Exposure Limit (PEL): The PEL has been reduced by 80%, from 50 µg/m³ to 10 µg/m³ as an eight-hour time-weighted average.

The key provisions of the regulations are summarized below.

Exposure Assessment and Monitoring: Employers who do not perform an employee exposure assessment and determine actual employee exposure must provide interim protection that consists of respiratory protection, protective clothing and equipment, medical surveillance, training, and posted warning signs. Exposure levels dictate the frequency of monitoring.

New Medical Surveillance and Removal Conditions: If employees may be or are exposed to or above the AL, the employer must institute a medical surveillance program. All medical examinations and procedures required by the program will be provided at no cost to employees, and at a time and place that is reasonable and convenient for employees.

Blood testing is required prior to assignment to work where lead is or is reasonably expected to be present. Monitoring is required every two months for the first six months, then every six months thereafter. If an employee’s blood lead level exceeds 10 micrograms of lead per deciliter of whole blood (µg/dL) on any blood level test, routine or otherwise; the employer is required to conduct further evaluations monthly.

During the monthly evaluation period, medical removal from workplace exposures to lead is required if an employee’s blood lead level (BLL) meets or exceeds any of the following conditions.

• A single BLL above 30 µg/dl (the current standard is 40 µg/dl)
• Two consecutive BLL results above 20 µg/dl
• The average BLL across all tests over a six-month period are greater than 20 µg/dl

Return to work is not allowed until the employee’s BLL result returns to below 20 ug/dl and the average BLL across all tests over a six-month period are below 20.

Workplace Hygiene and other Requirements

General hygiene requirements apply to all employees exposed to lead at or above the new action level, regardless of whether they exceed the PEL. These include:

• Respiratory protection
• Protective clothing and equipment
• Change areas
• Showers
• Eating facilities
• Restricted access to regulated areas
• Institute hygiene and housekeeping practices
• Providing training Maintain monitoring records for 40 years, or the duration of the employment plus 20 years whichever is longer.

The overarching goal of these standards is a target of employee’s blood lead levels below 10 µg/dL , or four times lower than the current federal standard.

Who Will Be Affected by This Change in Regulations?

These changes will impact a wide range of California employees. Industries or activities can include:

• Battery Manufacturers
• Metals Fabrication Employees
• Scrap Industry Employees
• Smelting and Melting Operations
• Welding Professionals
• Automotive Employees
• Material Manufacturing Employees
• Construction Employees

Adoption by Federal OSHA

As California sets pace with these new regulations, many are curious about how Federal OSHA will respond. While federal regulations typically follow a different process, California’s stringent standards may serve as a benchmark. OSHA could consider adopting similar measures, especially if the California model proves successful in reducing lead exposure and enhancing worker safety. However, any federal changes will involve a comprehensive review process, which can take time.

In summary, the new regulations under Title 8, Section 1532.1 and 5198 represent a significant advancement in lead safety standards in California, emphasizing the state’s commitment to protecting its employees. As we approach the implementation date, affected industries should begin preparing for these major changes to ensure compliance and to safeguard employee health.

How ALL4 Can Help

As industries prepare for the changes to California’s lead regulations, ALL4 is here to assist organizations in navigating these updates. We offer a range of services to help you achieve compliance and ensure worker safety:

• Permitting Assistance: Environmental permits may be required or may be in need of modification for new or modified engineering controls necessary to meet the new standard.

• Audit/Gap Analysis: Qualitative analysis to identify processes that may be subject to the standard and comprehensive environmental, health, and safety (EHS) compliance.

• Industrial Hygiene: Qualitative and quantitative analysis to identify and measure workplace hazards through air quality assessments, sound surveys, and contaminant samplings of workplace exposures, including lead.
• Professional Services Support: We offer training programs focused on lead safety and hygiene practices. We can work with your team to develop effective health and safety protocols that align with and address the standard.

Our goal is to support you in adapting to these changes while prioritizing the health and safety of your workforce. If you are interested in learning more about how we can assist, please reach out to pjohnson@all4inc.com or vsparks@all4inc.com.