THE COHEN GROUP
  Environmental Health & Safety Consulting Services

The Cohen Group Newsletter - Volume 5  Issue 2, Article 1.  April 2003

Increased Enforcement of Key Lead Regulations

Julie V. Wellings, CIH

Beginning January 1, 2003, the provisions of Senate Bill 460 took effect, as codified in California Health and Safety Code (CHSC) Sections 105253 and 105254.  The new law criminalizes violation of certain elements of existing Department of Health Services (DHS) regulations (Title 17 CCR Section 35001 et seq.) relating to lead hazard inspection, risk assessment and/or abatement work in residential or public (public-accessible) buildings. In particular, it is now a criminal offense for an individual to conduct lead inspection, risk assessment and/or abatement work in a residential or public building without a current certification from a DHS-accredited training provider.

 In addition, SB 460 provides DHS and local enforcement agencies with the authority to issue orders to abate or otherwise correct a lead hazard, and/or to cease and desist any activities that create lead hazards in residential or public buildings.  A lead hazard as defined under DHS regulations includes deteriorating lead-based paint, lead-contaminated soil and lead-contaminated dust.  Activities that may create lead hazards include disturbing lead-based paint without using containment and failing to follow other lead safe work practices.

 Lead presents a health hazard when lead dust or fume is inhaled or ingested.  Chronic overexposure to lead may result in adverse effects to the nervous system, the blood-forming system, the kidneys and the reproductive system.  Children under the age of six are particularly susceptible to the adverse health effects of lead.  However, construction trades typically have the highest potential exposures to lead and are therefore also at risk. Construction activities that may generate high levels of fine lead particulate include dry sanding, sandblasting and torch-cutting of surfaces with lead-based paint.

 “Lead-based paint” (LBP) includes any paint or surface coating that contains at least 0.5 percent lead by weight.  However, work activities that disturb paint with any amount of lead are regulated by Cal/OSHA under Title 8 CCR Section 1532.1.  In addition to worker protection requirements, Cal/OSHA regulations specify that persons performing lead-related work in residential or public buildings must be DHS-certified when and where exposure levels exceed permissible exposure limits, regardless of whether “abatement” (rather than only disturbance) of lead-based paint is being performed.

Contractors performing certain types of lead-related work must provide regulatory notifications to DHS, Cal/OSHA and/or local agencies (e.g., San Francisco Department of Public Health).  In addition, waste containing greater than 350 mg/kg (milligrams per kilogram) total lead or 5 mg/l (milligrams per liter) soluble lead is subject to special disposal requirements. It is noteworthy that 350 mg/kg is equivalent to 0.0350 percent lead by weight, an amount well below the DHS criteria for lead-based paint.

Please feel free to call us if you have any questions concerning the lead regulations.