LEAD-BASED PAINT REGULATORY MATRIX
LEAD REGULATIONS |
OSHA |
CAL-OSHA |
EPA |
CAL-DHS |
HUD |
Who does it apply to? |
Employers with 10 or more than employees |
All employers, regardless of number of employees |
Building owners; Public |
Building owners; Public |
Residents in federal public housing |
When does it apply? |
Working with lead in construction at all locations |
Same as Fed OSHA |
Pre-1978 residential housing and child-occupied buildings |
Housing and public buildings (excludes industrial buildings) |
Federal HUD housing projects |
What activities are covered? |
Construction, maintenance and demolition work. Trigger tasks (tasks where high exposure can occur) |
Same as Fed OSHA, plus whenever exposed to lead in cleanup, transportation, treatment & confinement |
Real Estate transactions; lead inspections, risk assessments; renovation and remodeling |
Lead-related construction work; lead inspections, risk assessments, testing, abatement and control |
Pre-1960 federal-assisted housing: selling, inspection, abatement; 1960-1978 housing; inspection |
What is a lead hazard? |
Material with any detectable amount of lead. |
Material containing 0.06% lead by weight; |
More than 2 sq. ft. of deteriorated paint in interior walls, floors and ceilings; > 10 sq.ft. in exterior large areas; > 10% in interior/exterior small areas |
Any deteriorated paint; no minimum area required. Presumed lead paint for any pre-1978 housing or pre-1993 school |
Same as EPA |
What level of lead makes it hazardous?
|
See above. For air monitoring: PEL is 50 µg/m3; Action level is 30 µg/m3. |
See above. Air monitoring same as Fed OSHA |
Paint chips = 0.5% by weight or 1 mg/cm2 by XRF Dust: In floors 50 µg/ft2; windows 250µg/ft2; ext. window 800 µg/ft2; Soil: Play areas 400 mg/kg Adult areas 2,000 mg/kg Replace at > 5,000 mg/kg |
Same as EPA, Except for: Soil: Play areas 400 mg/kg Adult areas 1,000 mg/kg; Replacement soil must be <400 ppm |
Same as EPA |
What is required? |
Exposure assessment; biological monitoring; training (HAZCOM & Action Level); compliance program; hygiene facilities; HEPA vacuum and wet methods; warning signs |
Same as Fed OSHA, plus: DHS certified training for workers and supervisors exposed above Action Level |
Conduct lead risk assessments, inspections, interim controls, abatement and clearance sampling following HUD Guidelines, with EPA or state certification |
Same as EPA with DHS certification. Also, added work practice requirements, using containment in any work that disturbs lead paint. Certification requires DHS exam |
HUD guidelines establish procedures for conducting lead risk assessments, inspections, interim controls, abatement and clearance. Also the use of XRF equipment, public notification, and maintenance. |
Additional requirements, upcoming changes, guidance or tips to limit liability? |
Trigger tasks require specific procedures, even below action level. Follow EPA/HUD guidelines for all lead work, even if not housing |
Same as Fed OSHA. Testing for OSHA compliance does not require DHS certification |
Follow EPA/HUD for all lead work, even if not housing. Changes for 3/99, mandated training, work practices; 8/99 individuals must be certified |
DHS certification not needed for work intended to last < 20 years. Must file Lead Hazard Evaluation Report and Abatement of Lead Hazard Notification |
Following these guidelines ensures work is done to current standards, even if not in housing |
When must you be EPA or state certified? |
No requirements |
When exposed above PEL for workers and supervisors |
When conducting EPA disclosure work, inspections, risk assessments, abatement, Title X funded work |
Anyone conducting lead hazard evaluation or abatement, or working in public elementary & pre-schools |
Title X funded work. EPA (or state) certification for inspection, risk assessment or abatement in federal housing |
Regulatory references |
General Industry: 29CFR1910.1025 Construction: 29CFR1926.62 |
General Industry: 8CCR 5216 Construction: 8CCR 1532.1 |
EPA Model Lead Training Accreditation Program (8/96); Real Estate Notification and Disclosure (1996); EPA Training/Accreditation and Work Practices (3/99); Lead Requirements for Hazard Education Before Renovation of Target Housing (8/99) |
DHS Title 17, CCR, Division 1, Chapter 8, Sections 35000-361000; Emergency Regulation Lead Training, Accreditation, Certification & Work Practices (3/30/98) |
Guidelines for the Evaluation & Control of Lead-Based Paint in Housing (1995 version) |