Document vVgwxvz35k2Jx0jVpmoKBmyw

Lead Industries Association, Inc. 292 Madison Avenue New York, N. Y. 10017 Telephone: (212) 532 2373 Environmental Health Department February 27, 1981 TO: LIA Environmental Health Conmittee Official Members of LIA FROM: Donald R. Lynam, Ph.D. SUBJECT: OSHA Lead Standard Enclosed is a letter received from OSHA announcing a 30-day delay in the March 1, 1981 date for reducing the blood lead removal trigger to 60 ug/100 g. This delay was granted in response to LIA's request for a one-year delay in the effective date of the 60 ug/100 g level. Please note that after consideration of additional data OSHA will make a decision as to what further relief is appropriate. The notice further states that public comments and information from interested parties -will be solicited and that there will be a brief period of time available for submission of additional data. It is recommended that member companies start to accu mulate information that OSHA apparently will be requesting. As additional details are received as to the type of information requested and the date by which this information must e received, we will so advise you. Sincerely, _j__ . 7 -f" Donald R. Lynam, Ph.D. Assistant Manager, Environmental Health lm enclosure Lli 03 26 S N 3704 t.l U.S. Department of Labor Standish Forde Medina . Debovoise, Plimpton ,299 Park Avenue .New York a additional, data, * decision will be made as to what further. relief is appropriates . The occupational lead standard was'i*ss--uedron -N--o--v-e--m-bbeerr^\13/i and published in the Federal Register in November (43 FR 52952) and November 21.(43 FR 54354). The s t.anndd- aarrdd. *, '! ..Y vl--.:`itirv!-'/."`it: ;: ir- codified at 29 CFR 1910.1025, includes a requirement for the removal of employees whose blood lead levels exceed specified .values and for their transfer to lower exposure positions or, in the absence of such positions, for the maintenance of these :V;i v"^=- employees* earnings and other employment rights. These employees :| would then bo returned to employment when their blood lead levelsf dropped below specified levels. >. :1 *' To assure tho feasibility of this provision and in recognition of the existing elevated blood lead levels of many exposed employees, the standard provided for a progressive phase-in of the levels which would trigger the removal and subsequent return' of employees to lead exposure positions. For purposes relevant ! here, beginning March 1, 1981, the start of the third year of the standard, employees would have to be removed if their. '' blood lead levels exceeded 60 ug/lOOg and could not be returned ! until their blood lead levels dropped below 40 ug/lOOg. M **'1* :f - ii In your request, you allege that the application of this ' requirement on tho March 1, 1981, effective date is infeasible ; because it would necessitate the removal of many skilled employees,^ including supervisors, foremen and maintenance workers, whose blood lead levels currently exceed 60 ug/lOOg. You further state that theso employees would have to be on removal status for lengthy periods of time until their blocd leads dropped below 40 ug/lOOg, -\nd that because of their skills and experience they could ` L 1*03269 N 3704.01 4 { ' not be cosily replaced. As a result, there would be serious S. " 'adverse effects a the continued operation and productivity of f your plants, including the health end safety controls utilized in . ,these'industries, `Trscmz request raises substantial quaetions concerning the feasibility :of the new trigger levels, which clearly warrant sore relief to prevent the disruptions you contend will occur. From the information submitted so far, however, it is difficult to -determine the precise nature of the relief necessary. Thus, for example, you have submitted data concerning certain employers -.-r (in the primary smelting and battery manufacturing industries.is not clear from these data whether similar problems are y '{ -.'faced in other industries and therefore whether the relief - requested is necessary for all industries covered by the . 7: - lead" standard or can be limited to the primary ssalters and :;'i i: battery manufacturers. Even in these two industries, your ' sub-tiissipn.relates laainly to a limited group of skilled '' employees who would be difficult to replace while they are ' _ on removal status. Again, it is not clear whether it would ;'v,\;vbe sufficient i a delay in the new trigger levels affected .. , only these employees or whether a broader delay covering . production employees is also made necessary by'the circumstances. In light of these uncertainties and ether gaps in the evidence v. .. .V submitted, and tha very brief period of tine before the 1-larch 1 -.effective cate, I have decided as an interim measure to delay .( the effective data of tha new trigger values, provided in V.: 4,:. -*;:::-.5Smo.l025(k} (1) {!) <C) and IS1C. 1C25U) (1) (iii) (A) (3) , until '.April 1, 1981, for all employes covered by tha ic-ad"standard. v: - . 'This brief delay, will enable you to submit additional information . concerning the'extant and scope of a delay which you consider . necessary, and will enable the agency to evaluate ycur request and determine what lcng-tsrra action is appropriate. Public .conraonts and information iron* other interested parties will 7; also be solicited. I would suggest that your collection 'of additional data cesr-ance irtmsdistely bacausc of the brief '!> X . period of time available, we will shortly be sanding you a i ' -separata letter setting out in some detail tha questions we ..;- ' believe you should address ir. your additional submissions ar.d the date by which this information must be submitted. 2 am confident that with tha cooperation of all concerned we will be able to develop a solution which will protect employees ir. a reasonable and feasible manner. sincerely. Lli327o /