January/February 1995
OSHA is sending a clear signal that compliance with its lead and cadmium standards is one of its top priorities for the scrap recycling industry. Here’s what you need to know to ensure that your operations are in compliance.
By Michael Mattia and Kent Kiser
Michael Mattia is Director of Risk Management for the Institute of Scrap Recycling Industries (ISRI) (Washington, D.C.). Kent Kiser is an associate editor of Scrap Processing and Recycling.
Last fall, the Occupational Safety and Health Administration (OSHA) imposed 68 citations and levied fines in excess of $2 million on a single scrap processing operation—mostly for alleged violations of federal lead and cadmium standards. The administration charged that the company’s work and lunchroom surfaces were contaminated with lead and the firm had no written lead compliance plan, no lead related warning signs posted, and no medical surveillance and employee training programs.
While such drastic regulatory actions have been more rare in the scrap industry, this $2-million example could be a warning that OSHA is targeting compliance with its lead and closely related cadmium standards in the scrap recycling industry.
It’s even more important than ever, then , that scrap companies ensure that their operations conform with these workplace safety rules.
Understanding the Standard
The OSHA lead standard—which took effect March 1, 1979 , and outlined in 29 CFR §1910.1025—applies to occupational exposure to lead. (For information about the cadmium standard, see “Controlling Cadmium” on page 70.) According to OSHA, exposure to lead occurs in at least 120 different occupations, including primary and secondary lead smelting, lead pigment manufacturing and use, lead storage-battery manufacturing, and scrap recycling.
Processing firms that recycle metallic lead in solid or liquid form naturally face the greatest risk of potential lead worries. But even processors that don't recycle metallic lead can face potential lead exposure since some types of scrap can contain lead solder, for instance, or be coated with lead-based paint. When such scrap is processed, lead-containing particles can become aerosolized, airborne, and dispersed, presenting a potential hazard to employees and the environment.
In general, torching, grinding, and cutting operations present the greatest potential for lead exposure in scrap plants because such heat-based processes can quickly aerosolize lead. Furthermore, employees performing these kinds of processing techniques are usually in closer proximity to the potential source of aerosolized lead than employees who operate baling, shearing, or shredding operations.
The concern over lead, of course, is that it is a poison to humans that can be absorbed into the body by inhalation and ingestion-but not through the skin-with inhalation being the "most important source" of occupational lead absorption, OSHA reports. Once in the bloodstream, lead is circulated through the body and stored in various organs and body tissues. In large enough concentrations, it can kill in a matter of days.
The goal of the OSHA lead standard is simple: the "prevention of adverse health effects from exposure to lead throughout a working lifetime." The standard covers elemental lead, all inorganic lead compounds, and a class of organic lead compounds called lead soaps, but it doesn't apply to other organic lead compounds.
Every employer with a workplace or operation that could present exposure of employees to lead must monitor each such workplace and operation to determine the airborne concentration of lead. This monitoring is usually best executed by an outside professional testing firm.
Under the standard, no employee can be exposed to lead above what is called the permissible exposure limit (PEL) of 50 micrograms per cubic meter of air, averaged over an eight-hour period.
The standard also specifies an "action" level of 30 micrograms per cubic meter of air as a time-weighted average based on an eight-hour workday. This is the point at which certain requirements of the standard kick in, such as exposure monitoring, medical surveillance, and employee training/education.
The Rules of Monitoring
If initial monitoring shows employee exposure to be below the action level, no additional monitoring is required unless there is a change in production, process, control, or personnel that could bring about new or additional exposure to lead.
If initial or subsequent monitoring indicates employee exposure to be above the action level yet below the PEL, the employer must repeat monitoring at least every six months.
If monitoring reveals employee exposure to be above the PEL, the employer must repeat monitoring at least quarterly until two consecutive measurements, taken at least seven days apart, are below the action level. At that time, the employer can discontinue monitoring for that employee until there has been a change in production, process, control, or personnel that could create new or additional exposure to lead.
Recyclers should be aware that proper monitoring procedures can have a dramatic effect on test results. For instance, when checking lead exposure in a torching operation, the monitoring probe should be placed behind the torch cutter's protective mask rather than on his or her lapel to get the most accurate reading of the worker's potential inhalation of aerosolized lead.
Additional Compliance Requirements
Aside from monitoring, employers with workplaces or operations that could present potential lead exposure must follow a handful of other compliance provisions, which aim to eliminate or minimize lead related risks.
Engineering and work practice controls. If an employee is exposed to lead above the PEL for more than 30 days a year, the employer must implement engineering and work practice controls to reduce employee exposure to lead, except to the extent that the employer can demonstrate that such controls aren't feasible. In the case of outdoor torch cutting, for example, recyclers could install extension tips on torches, teach employees to cut with their back to the wind, or use industrial fans to keep potential airborne lead particles away from workers. (Controlling lead exposure in indoor torch-cutting operations can be more difficult and can require costly air-handing systems.)
In situations in which any employee is exposed to lead above the PEL for 30 days or fewer a year, the employer must implement engineering controls to reduce exposures to 200 micrograms per cubic meter of air, followed as needed by work practice controls and respirators to reduce employee exposure to lead to or below the PEL.
Respirators. Wherever engineering and work practice controls don't reduce employee exposure to or below the PEL, employers must supplement employee protection with respirators. In addition to providing and maintaining respirators at no cost to employees, the employer must ensure that employees are properly trained in the use of such equipment and are medically cleared to wear it. Depending on the situation, the employer may have to provide respirator equipment from half-mask, air-purifying models with high-efficiency filters to full face piece models with a self-contained breathing apparatus operated in a positive pressure mode.
Work clothing and equipment. At no cost to the employee, employers must provide the following to employees exposed to lead above the PEL if the possibility of skin or eye irritation from lead exists: coveralls or similar full-body work clothing; gloves, hats, and shoes or disposable shoe covers; eye/face protection; and freshly laundered protective clothing at least weekly for exposures above the PEL, or daily for exposures greater than 200 micrograms per cubic meter of air, time-weighted average.
Employers must also ensure that protective clothing is repaired or replaced as needed and that employees remove protective clothing only in a prescribed changing room. Contaminated protective clothing must be placed in a closed container in the changing room, and the container must be able to adequately prevent the dispersion of lead.
In addition, employers must be certain that containers of contaminated clothing removed from the workplace are labeled something like "Caution: Clothing contaminated with lead; do not remove dust by blowing or shaking. Dispose of lead-contaminated wash water in accordance with applicable local, state, or federal regulations."
Housekeeping. All surfaces must be maintained as free as practicable of accumulations of lead, and to this end, employers must have a written housekeeping and maintenance plan dealing with the cleaning of surfaces, dust collection, and ventilation equipment. Floors and other surfaces on which lead accumulates should not be cleaned via compressed air, while shoveling, dry or wet sweeping, and brushing may be used only where vacuuming or other equally effective methods have been tried and found not to be effective. In cases in which vacuuming methods are selected, the vacuum must be used and emptied in a manner that minimizes the re-entry of lead into the workplace.
Hygiene facility and practice. Thorough hygiene practices at the work site are crucial in controlling blood lead levels in employees and in preventing them from carrying lead particles off-site where they could potentially contaminate others.
In areas in which employees are exposed to lead above the PEL, the employer must ensure that
- food, beverages, and tobacco are not present or consumed, and that cosmetics are not applied, except in changing rooms, lunchrooms, or showers.
- employees shower at the end of their work shift.
- employees required to shower don't leave the workplace wearing clothing or equipment worn during the work shift; and
- employees wash their hands and face prior to eating, drinking, smoking, or applying cosmetics.
Employers also must provide the following for employees who work in areas in which they are exposed to lead above the PEL: a changing room equipped with separate storage facilities for protective work clothing and equipment and for street clothes that prevent cross-contamination; showers and lavatories; and accessible lunchroom facilities that have a temperature-controlled, positive-pressure, filtered air supply.
Medical Surveillance. Employers must institute a medical surveillance program for all employees who are or may be exposed above the action level for more than 30 days a year.
Medical examinations and procedures must be performed by or under the supervision of a licensed physician at no cost to the employees, and such examinations, follow-up, and reporting must contain the elements outlined in 29 CFR §1910.1025 (j)(3)(ii)-(vi).
The medical surveillance program must include “biological monitoring”—that is, blood sampling and analysis for lead and zinc protoporphyrin levels—as well as medical examinations and consultation as follows:
- at least annually for each employee for whom a blood sampling test in the preceding 12 months indicated a blood lead level at or above 40 micrograms per 100 grams of whole blood;
- prior to an employee's first assignment to an area where the airborne lead concentrations are above the action level;
- as soon as possible upon notification by an employee either that the employee has developed signs or symptoms commonly associated with lead intoxication, desires medical advice concerning the effects of current or past exposure to lead on his or her ability to produce a healthy child, or has demonstrated difficulty in breathing during a respirator fitting test or during use of a respirator; and
- as medically appropriate for each employee removed because of exposure to lead for medical reasons.
Medical removal protection. Employers must remove from work exposure to lead any employee with exposure at or above the action level when the average of the last three blood samples or the average of all blood samples for the previous six months (whichever is longer) indicates the employee's blood lead level is at or above 50 micrograms per 100 grams of whole blood. The employee need not be removed if the last blood sampling indicates a blood lead level at or below 40 micrograms per 100 grams of whole blood.
In addition, employers must remove any employee having an exposure to lead at or above the action level when the employee has a medical condition that places him or her at increased risk of material impairment to health from exposure to lead.
As part of this protection, the employer must provide to an employee up to 18 months of medical removal protection benefits on each occasion that the employee is removed from exposure to lead. These benefits require the employer to maintain the earnings, seniority, and other employment rights and benefits of an employee as if the employee hadn't been removed from lead exposure.
Employee notification. Within five working days after the receipt of monitoring results, employers must notify each employee in writing of his or her exposure results.
Whenever an employee's exposure exceeds the PEL, the employer must include in the written notice a statement that the PEL was exceeded and a description of the corrective action taken to reduce exposure to or below the PEL.
Furthermore, within five working days after the receipt of biological monitoring results, employers must notify in writing each employee whose blood level exceeds 40 micrograms per 100 grams of whole blood. The notification must specify the employee's blood lead level and note that the OSHA standard requires temporary medical removal with medical removal protection benefits when an employee's blood lead level exceeds the specified limit.
Record-keeping. The employer must maintain detailed and accurate records of exposure monitoring and medical surveillance for at least 40 years or for the duration of each employee's employment plus 20 years, whichever is longer.
Employee information/training. The employer must institute a training program for all employees who are subject to exposure of lead above the action level without respirators. This training program, which must be repeated at least annually for each covered employee, must consist of
- a review of the OSHA lead standard, including appendices A and B;
- the specific nature of the operations that could result in employee exposure to lead above the action level;
- the quantity, location, manner of use, storage, sources of exposure, and the specific nature of operations that could result in exposure to lead as well as any necessary protective steps being taken;
- the purpose, proper use, and limitation of respirators;
- the purpose and description of the medical surveillance program; and
- the engineering controls and work practices associated with the employee's job assignment.
Signs. Employers must post a sign stating something along the lines of "Warning: Lead Work Area, Poison. No Smoking or Eating" in each work area where the PEL is exceeded and must ensure that such signs are clean and illuminated so as to be readily visible.
Written compliance program. Finally, employers covered by the lead standard must document their compliance efforts through a written program that describes each operation that emits lead; monitoring data that documents the source of lead emissions; engineering and work practice controls in place to reduce employee exposure to lead; required programs for protective work clothing and equipment, housekeeping, and hygiene facilities and practices; and administrative controls, if used, to reduce employee exposure to lead.
Tighter Regs in the Future?
As the above compliance stipulations indicate, OSHA has set high standards for industry to meet in the area of occupational lead exposure. The agency has clearly placed upon employers the primary responsibility to "assure that the provisions of the standard are complied with both by the company and by individual workers." And its recent enforcement actions both in and out of the scrap recycling industry show that it is making compliance with this standard a top priority—and that it won't hesitate to punish violators.
While OSHA's current lead standard is stringent, these requirements could become even tighter in the future if the agency lowers the standard's PEL or if more states followthe state of Washington 's lead by imposing stricter lead standards than the federal government. Also, as OSHA notes, "the knowledge of the complex relationship between lead exposure and human response is still being refined. Significant research into the toxic properties of lead continues throughout the world, and it should be anticipated that our understanding of thresholds of effects and margins of safety will be improved in future years."
What this means for all scrap recycling companies whose employees face potential lead exposure is that full compliance with OSHA's lead standard is crucial. Not only will such compliance achieve the standard's goal of protecting employees from lead exposure, but it will also protect recycling firms from the potentially steep financial and regulatory burdens that OSHA citations and fines could bring.
Editor's note: The compliance information in this article was drawn from ISRl's Safety Reference Manual, which offers many more details on the standard and compliance advice. The manual is available to members for $60 and to nonmembers for $600. To order, contact ISRl's publications order department, 202/737-1770; 202/626-0900 (fax). Additional information may also be available from OSHA. Consult your local telephone directory or call the OSHA office of information and consumer affairs, 2021219-8148.
OSHA is sending a clear signal that compliance with its lead and cadmium standards is one of its top priorities for the scrap recycling industry. Here’s what you need to know to ensure that your operations are in compliance.