EmploymentQuestion 265 of 1632

When evaluating and supervising a crew, a contractor learns an employee will perform work that may disturb lead-based paint on a pre-1978 home. The contractor should ensure the worker is:

a.Paid a lead premium but given no special training
b.Trained in lead-safe work practices before starting
c.Put on blood-lead monitoring instead of training
d.Told to wet the surfaces and skip certification

Explanation

Work that disturbs lead-based paint is trained work: 8 CCR §1532.1(l) requires the training before the assignment, and California's lead-related construction certification (17 CCR §35001 et seq., under Health & Safety Code §105250), together with the federal RRP rule for pre-1978 housing, requires certified people doing it. Blood-lead monitoring under §1532.1(j) is triggered by exposure at or above the action level; it runs alongside training and never substitutes for it. Wet methods are one lead-safe practice, not a way around certification. And a wage premium waives nothing - the standard is not something a worker can be paid to go without.

Law Reference: 8 CCR §1532.1(l), (j); 17 CCR §35001 et seq. / Health & Safety Code §105250; 40 CFR Part 745 (EPA RRP)

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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)
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