http://www.atsdr.cdc.gov/ToxProfiles/tp13.pdf. 1 (rel. Report on Carcinogens. (1995). (36) How many of your employees, over the past 10 years, have been removed from lead-exposed work due to elevated BLLs? Did you see a subsequent reduction in employee BLLs? See The required documentation includes the employer's lead control programs for the establishment; the employer's assessments of lead exposures for the establishment; names of all workers onsite during the previous two years (including workers of other employers); for each worker, whether they are known to have had exposures at any action level, at the PEL or at the SPEL; the record of all blood lead testing for the establishment for the past two years (or new testing only when resubmitting annually); and a report detailing actions taken in response to increased lead exposure or elevated blood BLLs found during the previous year. (19) The Washington DOSH stakeholder review draft includes requirements that employees be provided with hygiene facilities and PPE when any of the following criteria are met: 1. A Notice of Proposed Rulemaking (NPRM) is a public notice that is issued by law when a U.S. federal agency wishes to add, remove, or change a rule or regulation as part of the rulemaking process. Occupational Safety and Health Administration (OSHA), Labor. August 2007. The comment period closes at 11:59 p.m. Eastern on the last day of the comment period. MIOSHA's revisions followed recommendations developed by a group of stakeholders over the course of meetings held in 2017 and 2018. www.regulations.gov, This public hearing will also be livestreamed via Zoom with the link to the meeting available two weeks prior to the meeting on the ABC website. https://www.cdc.gov/niosh/docket/review/docket315/pdfs/315-FRN-2018-18019.pdf. Please specify the BLL for return to work you assume in your estimation. (6) Should OSHA consider revising the required frequency and the BLLs related to the schedule of blood lead testing? Retrieved from: Employers must make biological monitoring in the form of blood lead testing and ZPP levels available to these employees in accordance with the following schedule provided in 29 CFR 1910.1025(j)(2)(i): OSHA's lead standard for construction requires the employer to make blood sampling and analysis for lead and ZPP levels available to employees occupationally exposed on any day to lead at or above the action level (29 CFR 1926.62 (j)(1)(i)). Retrieved from: Employees disturb any materials with a Non-metal Action Level of 0.5 percent or more lead content by weight (5000 ppm); or. (2020a). See CDPH 2013 for further details. Proceedings & Actions Licensing & Databases Most FCC rules are adopted by a process known as "notice and comment" rulemaking. Accessed on November 10, 2020. Occup Med. Work covered under the EPA/Department of Commerce rules must be conducted by workers meeting the minimum training and certification standards of that program, with additional training on worker safety issues including health effects of lead, respiratory protection, PPE, work practices specific to the worksite, and limits of work practices. DOD's medical removal is based on BLLs at or greater than 20 g/dl, and employee return to work when BLL is at or below 15 g/dL (DOD, 2018, p. 55; Table C4.T2, pp. The California Department of Developmental Services (Department) proposes to amend Title 17, California Code of Regulations (CCR), Division 2, Chapter 1, Subchapter 6, Article 1, Section 50604, Service Provider Record Maintenance Requirements . This document proposes new or modified information collection requirements. Follow the instructions online for making electronic submissions. OSHA-2018-0004). Exposure assessments would not be required for workers who only handle lead-containing materials in retail activities including receiving, stocking, sales, and housekeeping in the retail activity areas. SUMMARY: The OCC, Board, and FDIC (together, the agencies) invite comment on a notice of proposed rulemaking (proposed rule or proposal) that would require a banking organization to provide its primary federal regulator with prompt notification of any ''computer-security incident'' that rises Start Printed Page 38359 During approximately the same time-frame, the United States Congress enacted a law to provide Federal financial assistance to help cities and communities eliminate the causes of lead-based paint poisoning and detect and treat incidences of lead poisoning (Pub. ACOEM's recommendations refer to significant lead exposure, defined as an airborne or surface lead content known or reasonably anticipated to cause elevated BLL (ACOEM 2016, p. e372, Table 1); and refer to a lead-exposed worker, defined as any worker who is handling or disturbing materials with a significant lead content in a manner that could reasonably be expected to cause potentially harmful exposure through lead dust inhalation or ingestion, regardless of airborne lead concentrations or surface contamination levels (ACOEM 2016, p. e372). Federal Register :: Community Reinvestment Act In particular, lead can be mobilized from bone even after removal from occupational exposure; after use of chelation therapy to reduce BLLs; during age-related bone loss, especially menopause and osteoporosis; and during pregnancy and lactation (EPA, 2013; NTP, 2012). As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the text of the proposed regulations, information upon which proposed rulemaking is based, the initial statement of reasons, and an economic impact analysis (contained in the initial statement of reasons). [8] Please explain your recommendation. Fact Sheet: Notice of Proposed Rulemaking "Circumvention of Lawful A notice of proposed rulemaking is a notice in the Federal Register that announces the intent of an agency to promulgate a particular rule. Notice of Proposed Rulemaking (PDF) (139 pp, 1.3 MB, published August 20, 2020, About PDF) Public hearing transcript; Rule History. 19-42). The NPRM proposes to rescind and replace the joint-employer rule that took effect on April 27, 2020. OSHA-2018-0004, electronically at Thus, workers may reach harmful BLLs well before the ZPP level registers as abnormal. which is the Federal e-Rulemaking Portal. OSHA Enforcement Data, Violation. Advance Notice of Proposed Rulemaking (ANPRM). Notice of Proposed Rulemaking: System Safety Assessments Lead, Elevated Blood Levels, 2016 Case Definition. Accessed on October 7, 2021. https://www.osha.gov/laws-regs/standardinterpretations/2013-11-25. copyrighted material) is not publicly available to read or download through that website. ACOEM's Position Statement (2016) advised OSHA that ZPP testing is insufficiently sensitive as a measure of lead exposure when BLLs are below 25 mg/dL and is no longer needed since BLL testing is superior and readily available (ACOEM 2016, p. e372). . Douglas Parker, Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Avenue NW, Washington, DC, 20210, authorized the preparation of this document pursuant to the following authorities: sections 4, 6, and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. Start Printed Page 38356 cost of an exposure control method). (30) Are there any federal regulations that might duplicate, overlap, or conflict with modifications to the current lead standards? Today, the National Labor Relations Board released a Notice of Proposed Rulemaking (NPRM) addressing the standard for determining joint-employer status under the National Labor Relations Act. https://lni.wa.gov/safety-health/safety-rules/rulemaking-stakeholder-information/sh-rules-stakeholder-lead. regulatory information on FederalRegister.gov with the objective of Table 1. to airborne lead at or above 30 g/m3 Washington DOSH is also developing a variety of updates to DOSH's occupational lead standards. (8-hour TWA). Request for Information About Inorganic Lead (CAS No. Advance Notice of Proposed Rule Making (ANPRM)-Blood Lead Level for Medical Removal A Proposed Rule by the Labor Department on 06/28/2022 Published Document AGENCY: Occupational Safety and Health Administration (OSHA), Labor. OF CONTENTS Before the Proposed Rule What gives agencies the authority to issue regulations?How does an agency decide to begin rulemaking? (21) Should OSHA consider revising the requirements for employers to provide clean or new PPE to workers? (2018.) 4. This section examines whether there are any duplicative, overlapping, or conflicting regulations concerning lead that OSHA should be aware of. For example, BLLs as low as 5 g/dL have been associated with impaired kidney and reproductive function, high blood pressure, and cognitive effects attributed to prenatal exposure. (equivalent to 9290 g/ft[2] Br J Ind Med. You may submit comments and attachments, identified by Docket No. The majority of these adults were employed in four main industry sectors: manufacturing, construction, services, and mining (NIOSH, 2016). This repetition of headings to form internal navigation links Some variation exists between the housekeeping provisions for general industry and construction. Background to OLPPP's Proposed Changes to the Lead in Construction Standard. All submissions, including copyrighted material, are available for inspection at the OSHA Docket Office. CDPH's PEL recommendation can be viewed at: [11] CALIFORNIA CONSUMER PRIVACY ACT REGULATIONS NOTICE OF PROPOSED RULEMAKING Notice published July 8, 2022. (25) Should OSHA consider a safe harbor protocol approach similar to the Retail Settings Protocol described above, which is being considered for adoption in Washington? (29) Are there any situations in which reducing lead exposures to employees would be inconsistent with meeting environmental regulations? For example, the 95th percentile worker[4] Please include specific examples of hourly wages (per job category) for the employee's regular occupation and the hourly wages for the medically assigned clerical job, if available. Notice of Proposed Rulemaking (NPR) The Board, along with the FDIC and the OCC, issued an NPR on May 5, 2022. MIOSHA changed the BLL at which an employee may return to lead exposure from below 40 g/dL to below 15 g/dL in both general industry and construction. However, such variations can complicate interpretation of test results. has no substantive legal effect. OSHA is also considering revisions to its lead standards. 5-9, 13), in collaboration with the ABLES program. Paint could be tested by collecting samples for laboratory analysis, use of X-ray fluorescence, or following EPA/Department of Commerce rules for colorimetric testing kits. Office of Environmental Health Hazard Assessment (OEHHA). Federal Register provide legal notice to the public and judicial notice Washington DOSH's stakeholder review draft would require the employer to replace or launder PPE at least daily for employees whose exposure levels exceed 50 g/m3 (57) Have you found any correlation between BLLs and lead surface contamination, particularly when airborne exposures are below the PEL? headings within the legal text of Federal Register documents. https://enforcedata.dol.gov/views/data_summary.php. (2013). daily Federal Register on FederalRegister.gov will remain an unofficial Nephrotoxicity (proximal tubular nephropathy, glomerular sclerosis, interstitial fibrosis, tubular necrosis). ACOEM has recommended that return to lead-exposed work should be considered after two BLLs are below 15 g/dL (ACOEM 2016, p. e372, Table 1). (2007). Health Protection Goals of the Standard). American Conference of Governmental Industrial Hygienists, Cincinnati, OH. Well Managed Blood Lead Levels Multiple factors can influence the toxico- and pharmacokinetics of lead in the body, including genetic polymorphisms, nutrition and diet, smoking, gender, and age (NAS, 2013). The OCC, Board, and FDIC (together, the agencies) invite comment on a notice of proposed rulemaking (proposed rule or proposal) that would require a banking organization to provide its primary federal regulator with prompt notification of any "computer-security incident" that rises to the level of a "notification incident." An on-site competent person must be able to recognize lead-related hazards and have authority to take action to correct lead issues at the worksite. https://www.cdc.gov/mmwr/preview/mmwrhtml/00000225.htm. In addition, ACOEM has recommended BLL measurement every two months for workers with results between 10 and 19 g/dL and monthly measurement for workers with results of at least 20 g/dL.[10]. This frequency shall continue until two consecutive blood lead tests indicate a BLL below 40 g/dL; and. e.g., CDPH contracted with Cal/EPA to evaluate the relationship between occupational airborne lead exposure and BLLs. This protocol would require workers disturbing painted surfaces to wear half-face respirators with P100 filters or more protective respirators and would allow for workers to request Powered Air Purifying Respirators (PAPRs) with HEPA cartridges. Thus, an elevated ZPP does not always mean that a worker has an elevated BLL. A Proposed Rule by the Labor Department on 06/28/2022. Because lead is retained in the bones and can be released into the bloodstream over time, it is difficult to predict individuals' BLLs from their recent external exposures (NAS, 2013; ATSDR, 2020). The lookback study also concluded that the lead in construction standard has not had negative economic impacts on business, including small businesses, and therefore remains economically feasible. Occupational Safety and Health Administration (OSHA). https://www.cdc.gov/nceh/lead/publications/leadandpregnancy2010.pdf. 57-61)). This Request for Input section includes a series of questions on the OSHA standards' requirements and possible revisions to them, followed by a series of questions on employers' requirements, which may in some cases be more protective than OSHA standards. (2016). Ch. Individuals with the same BLL can have widely differing ZPP levels (Martin 2004, pp. This is because, over time, a high percentage of lead is deposited in bone, and after exposure ends, mobilization from bone occurs very slowly. For example, Attachment 1title of your document, Attachment 2title of your document, Attachment 3title of your document, etc. . the material on FederalRegister.gov is accurately displayed, consistent with Please describe and explain whether and how they could be used effectively for medical monitoring of workers exposed to lead and the relative costs of those measures ( National Research Council (NRC). The employer must also ensure that food or beverage is not present or consumed, tobacco products are not present or used, and cosmetics are not applied in areas where workers are exposed above the PEL. 3-4). The following sections outline the current medical management and monitoring practices required under OSHA's lead standards, in order to contextualize OSHA's later questions regarding possible changes to these requirements in Section II, Request for Input. corresponding official PDF file on govinfo.gov. The National Academies Press, Washington, DC. Number of California Employers Testing BLLs from 2015-2018, by BLL Threshold and Industry. The protocol would require any paint found to potentially contain 5000 ppm lead or more than 1 mg/cm2. L . 800, Sacramento, CA 95833-1880. Please specify the AL you assume in your estimation. Adult lead exposure: time for change. Both AOEC and CDPH recommend against routine clinical use of ZPPunless legally requiredfor monitoring lead-exposed patients (AOEC, 2007; CDPH 2009, p. 4). (5) Should OSHA consider adding criteria other than airborne lead exposure to its requirements for blood lead testing, such as contact with lead-contaminated surfaces, disturbance of lead-containing materials or direct contact with high-percentage lead materials? ): If possible, please discuss and/or submit quantitative estimates of the increases in the number of affected employees and in medical surveillance costs or other pertinent costs if the AL (30 g/m3 Cal/OSHA's discussion draft stipulates testing at least monthly for each employee whose last BLL was at or above 20 g/dL of whole blood, and during the removal period of each employee removed from exposure to lead due to an elevated BLL. (2019). Low specificity: This PDF is After commissioning the National Research Council (NRC) to conduct a study to determine whether current OSHA exposure standards used on firing ranges are protective (NRC, 2013), DOD lowered the medical removal triggers for BLLs in military and civilian DOD personnel, which previously were aligned with OSHA's standards. If quantitative, do you use lead dust hazard levels established by HUD and EPA? Proposed Rules (NPRMs) Federal Register Publication Date Title Comments Due; June 14, 2023: Pilot Training Requirements and Operational Rules for Powered-Lift Aircraft: Aug. 14, 2023: March 2, 2023: Outline of New and Changed Systems for Transport Category Aircraft: April 3, 2023: January 11, 2023: Safety Management Systems: March 13, 2023 . [67] (33) If you use criteria more stringent than OSHA's requirements for notifying employees of their BLL and ZPP results, how do your criteria differ from OSHA's requirements? 653, 655, 657), Secretary's Order 8-2020 (Sept. 18, 2020), and 29 CFR part 1911. with BLL Tests and Cases presents the estimated number of firms where employees received test results that were at or above each ABLES reporting level and the OSHA standards' medical removal levels. Since promulgation of OSHA's lead standards, extensive research has been published indicating adverse health effects in adults at lower levels than had been previously documented (see, (20) Are there issues or concerns related to surface contamination or material content criteria for hygiene and PPE requirements that OSHA should consider? 7. If possible, please submit estimated increases in the number of affected employees and in costs if the BLL for allowing return to work were reduced to a level lower than OSHA's current BLL of 40 g/dL. The report identified workplace measures that are effective in reducing take-home exposure such as changing clothes before going home and leaving soiled clothing at work for laundering, storing street clothes in areas separate from work clothes, showering before leaving work, and prohibiting removal of toxic substances or contaminated items from the workplace, in addition to citing the importance of primary prevention by limiting exposure in the workplace. OSHA Instruction, National Emphasis ProgramLead. Expanded Targeting of Establishments Under the Lead NEP. reductions in BLLs) and the associated costs ( In addition, testing would be made available at least every two months if a worker's BLL is greater than 10 g/dL. https://ntp.niehs.nih.gov/ntp/ohat/lead/final/monographhealtheffectslowlevellead_newissn_508.pdf. https://www.cdph.ca.gov/Programs/CCDPHP/DEODC/OHB/OLPPP/CDPH%20Document%20Library/LICStdRecsSummary.pdf. ? (2013). NTP Monograph: Health effects of low-level lead. Register, and does not replace the official print version or the official Increased systolic and/or diastolic pressure, stroke, heart disease. Recommendations for medical management of adult lead exposure. e.g., This notice of proposed rulemaking (NPRM) proposes a series of regulatory Start Printed Page 31891 amendments to the Federal pipeline safety regulations (49 CFR parts 190 through 199) in response to a bipartisan congressional mandate in the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020 (PIPES Act of 2020, Pub. Centers for Disease Control and Prevention (CDC). ) for more than 30 days in any consecutive 12 months, OSHA's lead standard for construction requires the employer to provide blood lead testing at least every two months for the first six months, and every six months thereafter. (4) Should OSHA consider expanding its criteria for blood lead monitoring to resemble the ongoing blood lead monitoring criteria that Washington DOSH and/or Cal/OSHA is considering? https://www.dir.ca.gov/dosh/DoshReg/5198Meetings.htm. 2 (2021) (FY 2021 Report and Order). Impaired neurocognitive and neuropsychological assessment. (12) Should OSHA remove the requirement for ZPP testing currently included in its lead standards? or in the vicinity of any work disturbing these materials, follow-up blood lead testing every two months for the first six months and every six months thereafter, and blood lead testing at the conclusion of work; lead control areas around any work disturbing lead-containing coatings; respirator use for all workers disturbing lead-containing coatings; and provision of appropriate PPE, a clean change area, and hygiene facilities including dedicated handwashing, boot cleaning, and showers as necessary. any OSHA's lead standards require the employer to institute a medical surveillance program, including blood lead testing prior to lead exposure and at regular intervals thereafter, for employees who are or may be exposed NIOSH found take-home exposure to be a widespread problem (NIOSH, 1995). if the agency were to revise the existing standard for occupational exposure to lead. ). Is there a different BLL trigger for removing a worker from lead-exposed work that you would suggest? practices in a series of provision-specific questions in Section H, Questions for Employers on Current Practices). For areas of a retail establishment where lead products are not sold, retail employers could selectively apply the Clean Areas compliance protocol described above. In other words, elevated levels of ZPP can be caused by conditions other than blood lead, such as iron deficiency anemia, jaundice, and sickle cell anemia (ATSDR 2020, p. 336). Retrieved from: https://www.cdph.ca.gov/Programs/CCDPHP/DEODC/OHB/OLPPP/CDPH%20Document%20Library/LeadStdPELRec.pdf. (MIOSHA) in the Michigan Department of Licensing & Regulatory Affairs revised its lead standards for general industry and construction. August 2018. Specifically, the Cal/OSHA Discussion Draft's SECAL for oxide production, paste mixing, grid pasting and parting, and battery assembly would require employers to comply with a 50 g/m3. Accessed on July 14, 2021. (43) Please describe your control strategies to reduce lead surface contamination and the potential for dermal exposure to lead in your facility, such as housekeeping procedures, hygiene areas and practices, and personal protective clothing and equipment (PPE). The deadline for submitting comments on the NPR was August 5, 2022. 3. Final Rule: Increasing the Minimum Wage for Federal Contractors Revised Number of BLL Cases and Firms. See The OFR/GPO partnership is committed to presenting accurate and reliable 21-90 in doing so. (2020). DoD 6055.05-M. Occupational Medical Examinations and Surveillance Manual, Incorporating Change 3, August 31, 2018. 16. The construction standard requires an employer to remove an employee from work involving exposure to lead at or above the action level when the employee's BLL is at or above 50 g/dL for two consecutive tests or a final medical determination concludes that the employee has a medical condition that places the employee at increased risk of material impairment to health from exposure to lead (29 CFR 1926.62(k)). http://www.aoec.org/documents/positions/MMG_FINAL.pdf. For workers exposed to lead above the PEL for 30 days or less per year, the standard requires employers to implement engineering controls to reduce exposures to lead to 200 g/m3 ACTION: Notice of proposed rulemaking; request for public comment. Subsequently, on September 8, 2021, the OCC issued a notice of proposed rulemaking to rescind the OCC 2020 CRA final rule and replace it with CRA regulations based on those that the agencies jointly issued in 1995, as amended. When uploading multiple attachments into https://www.osha.gov/dea/lookback/lead-construction-review.html. (26) Should OSHA consider a safe harbor protocol approach similar to the Office and Residential Settings protocol described above, which is being considered for adoption in Washington? Learn more here. Lead-containing coatings refers to coatings that are known or presumed to contain lead. Safe Harbor Protocol for Handling Lead-Containing Articles in Retail Settings, 4. www.regulations.gov. Low sensitivity: 54 (8): 587-591. Under the medical surveillance provisions of OSHA's lead standards, employers are provided with the results of an individual employee's BLL measurements, in addition to the physician's opinion as to whether the employee has any detected medical condition that would place the employee at increased risk from lead exposure; recommended special protective measures or lead exposure limitations; and any recommended limitation upon the employee's use of respirators. This ANPRM seeks input on the following areas: OSHA's triggers for medical removal of workers with elevated BLLs and their return to lead-exposed work; OSHA's requirements for medical surveillance and management of lead-exposed employees; several additional provisions and compliance protocols that are undergoing public review in State Plans' ongoing work to update their occupational lead standards; and the costs and effectiveness of lead exposure identification and control strategies.
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