Signs
Signs -
(1) General.
(i) The employer shall post the following warning signs in each work area where an employee's exposure to lead is above the PEL.
(ii) The employer shall ensure that no statement appears on or near any sign required by this paragraph (m) that contradicts or detracts from the meaning of the required sign.
(iii) The employer shall ensure that signs required by this paragraph (m) are illuminated and cleaned as necessary so that the legend is readily visible.
(iv) The employer may use signs required by other statutes, regulations or ordinances in addition to, or in combination with, signs required by this paragraph (m).
(v) Prior to June 1, 2016, employers may use the following legend in lieu of that specified in paragraph (m)(1)(i) of this section:
(1) General.
(i) The employer shall post the following warning signs in each work area where an employee's exposure to lead is above the PEL.
(ii) The employer shall ensure that no statement appears on or near any sign required by this paragraph (m) that contradicts or detracts from the meaning of the required sign.
(iii) The employer shall ensure that signs required by this paragraph (m) are illuminated and cleaned as necessary so that the legend is readily visible.
(iv) The employer may use signs required by other statutes, regulations or ordinances in addition to, or in combination with, signs required by this paragraph (m).
(v) Prior to June 1, 2016, employers may use the following legend in lieu of that specified in paragraph (m)(1)(i) of this section:
(n) Recordkeeping -
(1) Exposure assessment.
(i) The employer shall establish and maintain an accurate record of all monitoring and other data used in conducting employee exposure assessments as required in paragraph (d) of this section.
(ii) Exposure monitoring records shall include:
(A) The date(s), number, duration, location and results of each of the samples taken if any, including a description of the sampling procedure used to determine representative employee exposure where applicable;
(B) A description of the sampling and analytical methods used and evidence of their accuracy;
(C) The type of respiratory protective devices worn, if any;
(D) Name and job classification of the employee monitored and of all other employees whose exposure the measurement is intended to represent; and
(E) The environmental variables that could affect the measurement of employee exposure.
(iii) The employer shall maintain monitoring and other exposure assessment records in accordance with the provisions of 29 CFR 1910.33.
(2) Medical surveillance.
(i) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance as required by paragraph (j) of this section.
(ii) This record shall include:
(A) The name and description of the duties of the employee;
(B) A copy of the physician's written opinions;
(C) Results of any airborne exposure monitoring done on or for that employee and provided to the physician; and
(D) Any employee medical complaints related to exposure to lead.
(iii) The employer shall keep, or assure that the examining physician keeps, the following medical records:
(A) A copy of the medical examination results including medical and work history required under paragraph (j) of this section;
(B) A description of the laboratory procedures and a copy of any standards or guidelines used to interpret the test results or references to that information;
(C) A copy of the results of biological monitoring.
(iv) The employer shall maintain or assure that the physician maintains medical records in accordance with the provisions of 29 CFR 1910.33.
(3) Medical removals.
(i) The employer shall establish and maintain an accurate record for each employee removed from current exposure to lead pursuant to paragraph (k) of this section.
(ii) Each record shall include:
(A) The name of the employee;
(B) The date of each occasion that the employee was removed from current exposure to lead as well as the corresponding date on which the employee was returned to his or her former job status;
(C) A brief explanation of how each removal was or is being accomplished; and
(D) A statement with respect to each removal indicating whether or not the reason for the removal was an elevated blood lead level.
(iii) The employer shall maintain each medical removal record for at least the duration of an employee's employment.
(4) Objective data for exemption from requirement for initial monitoring.
(i) For purposes of this section, objective data are information demonstrating that a particular product or material containing lead or a specific process, operation, or activity involving lead cannot release dust or fumes in concentrations at or above the action level under any expected conditions of use. Objective data can be obtained from an industry-wide study or from laboratory product test results from manufacturers of lead containing products or materials. The data the employer uses from an industry-wide survey must be obtained under workplace conditions closely resembling the processes, types of material, control methods, work practices and environmental conditions in the employer's current operations.
(ii) The employer shall maintain the record of the objective data relied upon for at least 30 years.
(5) Availability. The employer shall make available upon request all records required to be maintained by paragraph (n) of this section to affected employees, former employees, and their designated representatives, and to the Assistant Secretary and the Director for examination and copying.
(6) Transfer of records.
(i) Whenever the employer ceases to do business, the successor employer shall receive and retain all records required to be maintained by paragraph (n) of this section.
(ii) The employer shall also comply with any additional requirements involving the transfer of records set forth in 29 CFR 1910.1020(h).
(o) Observation of monitoring -
(1) Employee observation. The employer shall provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to lead conducted pursuant to paragraph (d) of this section.
(2) Observation procedures.
(i) Whenever observation of the monitoring of employee exposure to lead requires entry into an area where the use of respirators, protective clothing or equipment is required, the employer shall provide the observer with and assure the use of such respirators, clothing and equipment, and shall require the observer to comply with all other applicable safety and health procedures.
(ii) Without interfering with the monitoring, observers shall be entitled to:
(A) Receive an explanation of the measurement procedures;
(B) Observe all steps related to the monitoring of lead performed at the place of exposure; and
(C) Record the results obtained or receive copies of the results when returned by the laboratory.
(p) Appendices. The information contained in the appendices to this section is not intended by itself, to create any additional obligations not otherwise imposed by this standard nor detract from any existing obligation.