Because Cal/OSHA significantly lowered the exposure thresholds that require an employer to comply with its lead regulations, more employers may fall within the ambit of the revised regulations.

TAKEAWAYS

• Revised regulations, effective January 1, 2025, lower the Permissible Exposure Limit by 80% and the Action Limit by 93%.
• Employers not previously subject to Cal/OSHA’s lead requirements should conduct air monitoring to see if employee exposure levels are above the new limits.

On February 15, 2024, the California Occupational Safety & Health Standards Board approved revisions to regulations for occupational exposure to lead. (Employers in the construction industry are governed by 8 C.C.R. section 1532.1, and employers in general industry are governed by 8 C.C.R. section 5198.) The revisions are now with the Office of Administrative Law and are expected to go into effect on January 1, 2025.

Most significantly, the revisions drastically reduce the thresholds that trigger multiple requirements for employers, such as a written compliance program, exposure monitoring and medical surveillance. Those two thresholds are the Permissible Exposure Limit (PEL) and Action Level (AL), which are based on 8-hour, time-weighted average concentrations.

• Old Permissible Exposure Limit: 50 micrograms per cubic meter of air
• New Permissible Exposure Limit: 10 micrograms per cubic meter of air
• Old Action Level: 30 micrograms per cubic meter of air
• New Action Level: 2 micrograms per cubic meter of air

The key provisions of the regulation are summarized below.

Exposure Assessment and Monitoring: Employers who do not perform an employee exposure assessment and determine actual employee exposure must provide interim protection that consists of respiratory protection, protective work clothing and equipment, medical surveillance, training and posted warning signs. Exposure levels dictate the frequency of monitoring.

Medical Surveillance Program: If employees may be or are exposed at or above the AL, the employer must institute a medical surveillance program. All medical examinations and procedures required by the program will be provided at no cost to employees, and at a time and place that is reasonable and convenient for employees.

Medical Removal Protection: Employees who have exposure at or above the AL based on blood tests must be temporarily removed from work. Such employees will have “medical removal protection benefits,” and will not lose earnings, seniority and other employment rights.

Other Requirements: Triggering the AL also requires employers to provide respirators and protective work clothing and equipment, institute hygiene and housekeeping practices, offer training, and maintain monitoring and medical records for at least 40 years.

In light of the slashed thresholds, employers who do not exceed the “old” AL and PEL should conduct new air monitoring surveys and exposure assessments. If the results now exceed the “new” AL and PEL, employers should implement mitigation measures (e.g., administrative controls, engineering controls) to reduce employee exposure to below the thresholds. Otherwise, employers will have less than a year to prepare for compliance with the revised regulations.

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