Occupational Health (North America)

18th International Lead Conference19-21 June 2013

Robert Steinwurtzel and Thomas Hogan

rsteinwurtzel.@bakerlaw.com202.861.1708

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Occupational Health – North America

Occupational Health (North America)

Permissible Exposure Limits (PELs) Removal & Return to Work

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Lead Exposure Standards – U.S.

Occupational Health (North America)

Federal (OSHA) PEL is 50 µg/m3 (0.05 mg/m3) averaged over an 8-hour period. See 29 C.F.R. 1925(c)(1).

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Removal & Return to Work – U.S.

Occupational Health (North America)

Monitor Monitor BLL for all employees every 6 months; Every 2 months for employees whose last BLL >40 µg/g until two

consecutive months below that level; Monthly for employees removed from exposure due to elevated BLL.

See 29 C.F.R. 1910.1025(j)(2)(i).

Remove Remove employee from work if a periodic and a follow-up test

indicate BLL >60 µg/g; or BLL >50 µg/g average of prior 3 tests (or of all tests conducted over 6

months, whichever longer). See 29 C.F.R. 1910.1025(k)(1)(i).

Return Return a removed employee to work only if 2 consecutive tests

indicate BLL <40 µg/g. See 29 C.F.R. 1910.1025(k)(1)(iii).

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Lead Exposure Standards – U.S., Cont.

The U.S. National Toxicology Program (“NTP”) published a monograph in June 2012 regarding the health effects of low-level lead.

Low level lead was nominated for NTP testing by the National Institute for Occupational Safety and Health (NIOSH), the federal agency responsible for conducting research and making recommendations for the prevention of work-related injury and illness. NIOSH’s main concern was effects on reproduction.

The NTP report identified adverse effects in addition to reproductive effects at BLLS <5 µg/dL.

NTP has no regulatory authority, but is influential. NIOSH will rely, in part, on NTP’s report to recommend that the

Occupational Safety and Health Administration (OSHA) revise its lead exposure standard.

NIOSH will also be conducting risk-assessments to support its recommendation.

Occupational Health (North America) 5

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Lead Exposure Standards, Cont. – U.S.

California’s proposed revised worker safety standards The California Division of Occupational Safety and Health

(“Cal/OSHA”) is considering making its General Industry Lead Standard and Lead in Construction Standard more stringent.

Occupational Health (North America) 6

Current (Title 8, California Code of Regulations, §5198 – General Industry; §1532.1 -- Construction)

Proposed

Removal General Industry: Average BLL of 50 μg/dL or greater based on the last three BLLs or average of all BLLs over the previous six months (whichever covers a longer period).

A periodic and follow-up BLL of 30 μg/dL or greater, or if two monthly and a follow-up BLLs are 20 μg/dL or greater.

Return Return only if two consecutive BLLs of 40 μg/dL or below.

Return only if two consecutive monthly BLLs are at or below 15 μg/dL.

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Lead Exposure Standards, Cont. – U.S.

California’s proposed revised worker safety standards (late 2013), Cont.

The California Department of Health has also recommended that Cal/OSHA reduce the Permissible Exposure and Action Levels for lead, currently 50 µg/m3 and 30 µg/m3 , respectively, but has not yet proposed new levels.

The California Office of Environmental Health Hazard Assessment is studying issues potentially affecting the Permissible Exposure Level for lead, such as the relationship between air concentration and BLLs.

Cal/OSHA advisory committee to convene in late 2013. Action by California could become model for others.

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Lead Exposure Standards – Canada

Occupational Health (North America)

Worker lead exposure standards are established by the provinces.

E.g., British Columbia, Ontario, and Saskatchewan have limits of 0.05 mg/m3 averaged over an 8-hour period. See B.C. Occupational Health and Safety regulation 5.48; Ontario Occupational Health and Safety Act, Regulation 490/09, Table 1; Saskatchewan Occupational Health and Safety Regulations Ch. O-1.1 Reg. 1, Table 21.

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Removal & Return to Work – Canada

Occupational Health (North America)

A physician determines whether a worker is fit to return to workplace/tasks, and under what conditions.

E.g., Ontario: “The Worker’s employer shall act in accordance with the advice provided by a physician[.]” See Ontario Occupational Health and Safety Act, Regulation 490/09, Section 29(4).

Physicians are governed by the “Code for Medical Surveillance for Lead,” issued by Ministry of Labour on May 28, 1981, which provides for removal from lead exposure if BLL >0.70 mg/L.

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Lead Exposure Standards – Mexico

Occupational Health (North America)

The Secretariat of Labor and Social Welfare is responsible for setting standards regarding Permissible Exposure Limits (PEL). The PEL is 0.15 mg/m3 (8 hrs per day/40 hrs weekly). See Occupational Health in Areas where Chemicals are Handled, Transported, Processed or Stored NOM-010-STPS-1999.

PEL in Mexico is 3x the PEL recommended by the the American Conference of Industrial Hygienists’ (ACGIH) Threshold Limit Values (0.05 mg/m3 averaged over an 8-hour period), which is the PEL in U.S./Canada.

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Removal & Return to Work – Mexico

Occupational Health (North America)

No legal requirement to remove employee from workplace based on BLL.

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