SUSTAINABILITY NEWS
Prepared by S Scruggs and L Sterne
FOCUS TOPIC: REGULATORY CHANGES TO LEAD LIMIT VALUES
DIRECTIVE (EU) 2024/869 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 13 MARCH 2024
AMENDING DIRECTIVE 2004/37/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL AND COUNCIL
DIRECTIVE 98/24/EC REGARDING THE LIMIT VALUES FOR LEAD AND ITS INORGANIC COMPOUNDS AND FOR DIISOCYANATES
It is no secret that Ecobat is committed to maintainingthe highest standard of protection for its employees and contractors regarding exposure to Lead. As a result of your efforts, Ecobat is known as an industry leader when it comestobloodleadlevelperformanceandhassetitssights on achieving a target of less than or equal to 10µg/ dL by 2026 for all exposed employees and an averageof5µg/dL asourbreakthroughaim.
Following recent publications in the EU and North America, it appears that Regulators are finally catching up by reducing the prescribed occupational exposure limit of lead and other carcinogens in the workplace.
AMENDMENTS TO CALIFORNIA (CalOSHA)
CONSTRUCTION SAFETY ORDERS & GENERAL INDUSTRIAL SAFETY ORDERS
AMENDMENTS TO DIRECTIVE
2004/37/EC AND DIRECTIVE 98/24/EC WILL COME INTO FORCE ON 2 APRIL 2024
In this edition, we will focus on the Amendments to Directive 2004/37/EC and Directive 98/24/EC published by the European Parliament on 13 March 2024. These amendments are aligned with commitments made in the EU Strategic Framework on Health and Safety at Work 2021 - 2027.
In addition, we will also consider the California Occupational Safety & Health Standards Board approved revisions to regulations for occupational exposure to Lead.
Edition #3 2 April 2024
QUICK FACTS ABOUT LEAD EXPOSURE
WHY ARE WE LASER FOCUSED WITH PROTECTING OUR EMPLOYEES AGAINST LEAD EXPOSURE?
Credit to AFP Journal [1998;57(4):719-726] for illustration
Employers have a duty to ensure that they provide a work environmentthateffectivelymanageswork-relatedhealthand safetyrisks.
Lead is primarily absorbed through the respiratory and gastrointestinal systems. Respiratory lead absorption is primarily dependent on particle size, solubility, and respiratory volume,however, thepercentageofinhaledleadreachingthe bloodstream is estimated to be 30 to 40% which is most commonintheworkplace.
After lead particles are absorbed into the bloodstream, through either, ingestion or inhalation. Lead is distributed extensively throughout tissues, reaching the highest concentrations in bone, teeth, liver, lungs, kidneys, brain, and spleen.
Lead in blood has an estimated half-life of 35 to 40 days in soft tissue but can last 20 to 30 years in bone. With chronic exposureoveralongperiodoftime,mostabsorbedleadends up in bone. As such, the lead that accumulates in the bone ultimatelyprovidesasourceforimmobilization,andcontinued toxicityevenafterexposureceases.
Although we can demonstrate why we are laser-focused on keeping our employees healthy, all employees have a responsibility to look after their own health and to follow the measures implemented by Ecobat to reduce lead exposure in theworkplace.
EU DIRECTIVE AMENDMENT TO LIMIT VALUES
NEW EU LIMITS FOR LEAD IN AIR
The Amendment Directive published on 13 March 2024 amends Annex II (Lead and Inorganic Compounds) of Directive98/24/EC.
In terms of Annex II the limit for lead in air has been reducedfrom 0.15µg/m3 to 0,03µg/m3 measuredovera period of 8 hours time-weighted average. These levels must be achieved by 1 January 2029.
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VALUES
The Amendment Directive published on 13 March 2024 also amended Annex III (Biological Limit Values and Health Surveillance Measures) of Directive 98/24/EC.
Annex III provides for the following biological limit values to be implemented by measuring blood lead levels using absorption spectrometry or a method that provides equivalent results:
Until 31 December 2028, the binding biological limit value is 30 µg/dL
For employees with a BLL that is more than 30µg/dL due to exposure that occurred before 9 April 2026, but is below 70µg/dL medical surveillance must be carried out regularly. If a declining trend is noted they maycontinue to work in a lead environment.
From 1 January 2029, the binding biological limit value is 15 µg/dL
For employees with a BLL that is more than 15µg/dL due to exposure thatoccurred before 9 April 2026, but is below 30µg/dL medical surveillancemust be carried out regularly. If a declining trend is noted they maycontinue to work in a lead environment.
In addition, medical surveillance must be carried out on individual employees that have a BLL greater than 9µg/dL or where the lead in air isgreater than 0.015µg/m3
AMENDMENTS FOR LEAD IN CALIFORNIA
CALIFORNIA CODE OF REGULATIONS
On 15 February 2024 the California Occupational Safety and Health Standards Board approved proposed amendments to section 15312.1 of the Construction Safety Orders and section 5198 of the General Industrial Safety Orders relating to occupational exposure to lead. These amendments drastically reduce the thresholds that are set for the Permissible Exposure Limit and the Action Limit (based on 8-hour, time-weighted average concentrations), which trigger certain actions to be taken by an Employer.
Once these amendments come into effect the Permissible Exposure Limit will be reduced from 50µg/m3 to 10µg/m3 and the Action Limit from 30µg/m3 to 2µg/m3
AMENDMENTS TO THE CONSTRUCTION SAFETY ORDERS
In broad strokes, amendments to section 1532.1 provide that:
Initial blood lead testing will not be required for employees who are not expected to be exposed to lead or above the action level for 30 days or more within 12 consecutive months.
Employees who may be exposed above the action level are required to undergo medical surveillance where the exposed period exceeds 30 days or more.
Insofar as medical removal is concerned it was approved that when an employee’s average blood lead test results in the last 6 months are at or above 20µg/dL, an employee does not need to be removed if their last bloodtest indicates a BLL below 15µg/dL.
3 NEW EU BIOLOGICAL LIMIT
AMENDMENTS TO THE GENERAL INDUSTRY SAFETY ORDERS
Regarding section 5198, amendments approved include that:
An exception be made to allow employees access to potable drinking water in areas where employees are exposed to lead provided that the maximum airborne exposure level of 50 µg/m3.
Amendments be made for the establishment of a medical surveillance program for employees who may be exposed to lead environments as wellasthetestfrequencyofBLL.
Insofar as medical removal is concerned where an employee’s last blood test indicates a BLL below 15µg/dl the employee not be removed from the workplace. Nonetheless, employees removed from the workplace will have “medical removal protection benefits”, and will not lose earningsorotheremploymentrights.
New sections regarding employee training on several topics addressed in the General Industry Safety Orders and to provide for safe hydration procedures.
Revision of the above sections willcome into effect on 1 January 2025.
DEFINING “EXPOSED POPULATION“
As per the Global BLL Standard, our exposed population is defined as individuals whose roles and responsibilities entail the possible or potentialexposure toLeadproduct,Leaddust,or other associated exposures within the facility boundary. This includes individuals in direct proximity to production or maintenance activities, in addition to administrative positions thatcouldbeexposedtoperiodiccontactinthis environment.
This population includes Associate or Independent Contractors working under the direct/indirect control of Ecobat for 20ormore hours per week for a continuous period of 3 months withintheproductionfacilityenvironment andboundary.
Blood lead level testing requirements may also extendtoanyotherpersonthat,basedonaletter of recommendation from the Occupational Doctor, should be included in the exposed population.
HOW DOES OUR BLOOD LEAD STANDARD COMPARE TO THE NEW/ PROPOSED CHANGES?
In comparison, our BLL Standard focuses on implementing good hygiene practices and a robust medical surveillance program with an internal action level set at a blood lead concentration of greater than 13µg/dl, for exposedpopulations.Atpresentourtestingpopulationsandfrequenciesaresetoutbelowasfollows:
In addition, our Global BLL Standard further provides for employeeincentiveandassistance programs,suchas:
Coaching/MentorPrograms; Good Hygiene Practices in the Workplace;
BloodLeadBonusPrograms.
Please join us for a lively discussion on the current topic and our efforts on keeping employees healthy during our monthlybroadcast on10April 2024.
4 Employee Population Frequency Testing New Employees Pre-Exposure & Monthly testing the first 12 months of employment Exposed Population Quaterly testing for Blood Lead results < 13µg/dl Elevated Exposure Blood Lead results > 13µg/dl; monthly testing until a result of 13µg/dl or less is achieved