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 g/m3;

Action level is

30 g/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 g/ft2;

windows 250g/ft2;

ext. window 800 g/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)