LEAD-BASED PAINT REGULATORY MATRIX

LEAD-BASED PAINT REGULATORY MATRIX

LEAD REGULATIONS	OSHA	CAL-OSHA	EPA	CAL-DHS	HUD
Who does it apply to?	Employers with 10 or more than employees	All employers, regardless of number of employees	Building owners; Public	Building owners; Public	Residents in federal public housing
When does it apply?	Working with lead in construction at all locations	Same as Fed OSHA	Pre-1978 residential housing and child-occupied buildings	Housing and public buildings (excludes industrial buildings)	Federal HUD housing projects
What activities are covered?	Construction, maintenance and demolition work. Trigger tasks (tasks where high exposure can occur)	Same as Fed OSHA, plus whenever exposed to lead in cleanup, transportation, treatment & confinement	Real Estate transactions; lead inspections, risk assessments; renovation and remodeling	Lead-related construction work; lead inspections, risk assessments, testing, abatement and control	Pre-1960 federal-assisted housing: selling, inspection, abatement; 1960-1978 housing; inspection
What is a lead hazard?	Material with any detectable amount of lead.	Material containing 0.06% lead by weight;	More than 2 sq. ft. of deteriorated paint in interior walls, floors and ceilings; > 10 sq.ft. in exterior large areas; > 10% in interior/exterior small areas	Any deteriorated paint; no minimum area required. Presumed lead paint for any pre-1978 housing or pre-1993 school	Same as EPA
What level of lead makes it hazardous?	See above. For air monitoring: PEL is 50 µg/m³; Action level is 30 µg/m³.	See above. Air monitoring same as Fed OSHA	Paint chips = 0.5% by weight or 1 mg/cm² by XRF Dust: In floors 50 µg/ft²; windows 250µg/ft²; ext. window 800 µg/ft²; Soil: Play areas 400 mg/kg Adult areas 2,000 mg/kg Replace at > 5,000 mg/kg	Same as EPA, Except for: Soil: Play areas 400 mg/kg Adult areas 1,000 mg/kg; Replacement soil must be <400 ppm	Same as EPA
What is required?	Exposure assessment; biological monitoring; training (HAZCOM & Action Level); compliance program; hygiene facilities; HEPA vacuum and wet methods; warning signs	Same as Fed OSHA, plus: DHS certified training for workers and supervisors exposed above Action Level	Conduct lead risk assessments, inspections, interim controls, abatement and clearance sampling following HUD Guidelines, with EPA or state certification	Same as EPA with DHS certification. Also, added work practice requirements, using containment in any work that disturbs lead paint. Certification requires DHS exam	HUD guidelines establish procedures for conducting lead risk assessments, inspections, interim controls, abatement and clearance. Also the use of XRF equipment, public notification, and maintenance.
Additional requirements, upcoming changes, guidance or tips to limit liability?	Trigger tasks require specific procedures, even below action level. Follow EPA/HUD guidelines for all lead work, even if not housing	Same as Fed OSHA. Testing for OSHA compliance does not require DHS certification	Follow EPA/HUD for all lead work, even if not housing. Changes for 3/99, mandated training, work practices; 8/99 individuals must be certified	DHS certification not needed for work intended to last < 20 years. Must file Lead Hazard Evaluation Report and Abatement of Lead Hazard Notification	Following these guidelines ensures work is done to current standards, even if not in housing
When must you be EPA or state certified?	No requirements	When exposed above PEL for workers and supervisors	When conducting EPA disclosure work, inspections, risk assessments, abatement, Title X funded work	Anyone conducting lead hazard evaluation or abatement, or working in public elementary & pre-schools	Title X funded work. EPA (or state) certification for inspection, risk assessment or abatement in federal housing
Regulatory references	General Industry: 29CFR1910.1025 Construction: 29CFR1926.62	General Industry: 8CCR 5216 Construction: 8CCR 1532.1	EPA Model Lead Training Accreditation Program (8/96); Real Estate Notification and Disclosure (1996); EPA Training/Accreditation and Work Practices (3/99); Lead Requirements for Hazard Education Before Renovation of Target Housing (8/99)	DHS Title 17, CCR, Division 1, Chapter 8, Sections 35000-361000; Emergency Regulation Lead Training, Accreditation, Certification & Work Practices (3/30/98)	Guidelines for the Evaluation & Control of Lead-Based Paint in Housing (1995 version)