Enforcement

This section highlights effective dates for enforcement of the lead standard, directives (instruction to OSHA staff), and letters of interpretation (official letters of interpretation of the standards) related to lead.

Effective Dates for Enforcement of the Lead Standard

General Industry

• May 7, 1997 - The Court of Appeals lifted its stay on 29 CFR 1910.1025(e)(1), and six years later (May 2003) all employers had to comply with all the requirements of the standard.
• June 29, 1981 - The Supreme Court denied the petition and dissolved its 1980 stay, leaving the partial stay 29 CFR 1910.1025(e)(1) imposed by the Court of Appeals on August 15. This meant that all the other provisions of this standard were in effect.
• August 15, 1980 - The Court of Appeals issued its decision upholding the standard, lifting the stay except for 29 CFR 1910.1025(e)(1) as it applied to certain industries.
• December 8, 1980 - Pending the filing and disposition of industry's petitions for a review, the Supreme Court issued a stay of the same provisions that were issued in March 1979 by the Court of Appeals.
• March 1, 1979 - The Court of Appeals stayed a number of the provisions including the requirements of 29 CFR 1910.1025(i) for the consideration of new facilities and renovation of existing facilities, pending a full review.
• November 14, 1978 - The standard was promulgated and immediately challenged by both industry and labor. All changes were consolidated in the U.S. Court of Appeals.

Construction Industry

• In 1993, Congress mandated the Lead in Construction standard to ensure that OSHA's lead regulations would be as protective of construction employees as the Department of Housing and Urban Development (HUD) lead guidelines and the OSHA lead standards for general industry.
• In 1993, OSHA issued an interim final rule for lead in construction as a result of the Congressional mandate in Title X of the Housing and Community Development Act of 1992.

Directives

All Industries

• National Emphasis Program on Lead (PDF). CPL 03-00-009, (August 14, 2008).
  • OSHA Memorandum, Expanded Targeting of Establishments Under the Lead NEP. (November 25, 2013)

General Industry

• Brass and Bronze Ingot Manufacturing Industry Compliance Requirements and Dates Under the Lead Standard (29 CFR 1910.1025). CPL 02-02-067 [CPL 2-2.67], (February 27, 1997).

Construction Industry

• Lead Exposure In Construction; Interim Final Rule--Inspection and Compliance Procedures. CPL 02-02-058 [CPL 2-2.58], (December 13, 1993). Provides uniform inspection and compliance guidance for lead exposure in construction.
• Lead Exposure in Construction: Interim Final Rule. CSP 01-01-027 [STP 2-1.171], (July 6, 1993). Describes a federal program change to the regions and state designees.

Letters of Interpretation

General Industry

• Medical exams and blood testing for zinc protoporphrin (ZPP) under OSHA’s lead standard (December 4, 2009)
• Enforcement of the engineering and work practice control provisions of the lead standard, 1910.1025(e)(1). (May 11, 2004).
• Acceptability of rhodizonate-based spot test kits for determining the presence or absence of lead in paint coatings. (July 18, 2003).
• Clarification of "free as practicable" and lead contamination under 29 CFR 1926.62 (January 13, 2003)
• Employee safety and the laundering of contaminated clothing. (April 1, 1997).
• OSHA Lead Standards, both General Industry and Construction. (March 18, 1997). Indicates inspectors moving from site to site is characteristic of construction, so the general industry standard for lead does not apply to lead inspectors and risk assessors who are not at a fixed location.
• The biological monitoring requirements under the Final Rule for Lead. (March 4, 1996).
• Sampling for lead welding fumes. (March 22, 1995).
• Lead Standard medical removal requirements and blood lead level testing. (December 12, 1990).

Construction Industry

• Acceptability of rhodizonate-based spot test kits for determining the presence or absence of lead in paint coatings. (July 18, 2003).
• Clarification of "as free as practicable" and lead contamination under 29 CFR 1926.62. (January 13, 2003).
• Using X-ray fluorescence for analysis of lead in paint and applicability of other agencies lead levels. (March 1, 1999). X-ray fluorescence is not an acceptable method to analyze samples for lead exposure.
• Additional Enforcement Policy Change for Respiratory Protection Required for Abrasive Blasting. (March 31, 1997). Higher protection factors allowed for specific respirators when used in strict accord with manufacturer's specification.
• OSHA Lead Standards, both General Industry and Construction. (March 18, 1997). Indicates inspectors moving from site to site is characteristic of construction, so the general industry standard for lead does not apply to lead inspectors and risk assessors who are not at a fixed location.
• Application of OSHA's health standards. (July 15, 1996). The final interim rule for lead in construction, 29 CFR 1926.62(g)(2)(vi), requires the employer to notify the laundry service in writing that the personal protective equipment (PPE) may be contaminated with lead.
• OSHA's Interim Final Rule of Lead in Construction. (April 16, 1996). Exposure assessments and respirator requirements.
• The biological monitoring requirements under the Final Rule for Lead. (March 4, 1996).
• Shower requirements for the Lead in Construction Standard. (September 5, 1995).
• Interim interpretation concerning Type-CE respirators used in abrasive blasting that are manufactured by the E.D. Bullard Company, Models 77 and 88. (August 30, 1995). States that higher protection factors are allowed for specific respirators when used in strict accord with manufacturer's specification.
• Compliance with medical surveillance requirements for lead exposure during hazardous waste site operations. (June 13, 1995).
• Employee notification as covered under 29 CFR 1926.26(d)(8)(i). (April 4, 1995).
• Sampling for lead welding fumes. (March 22, 1995).
• Request for interpretation of the final lead in construction. (December 16, 1994).