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(continued) or revocation and an appeal of any suspension or revocation shall be conducted in compliance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(c) Prior to suspension or revocation, a certified or interim certified individual shall be given an opportunity, except in the case of willful violation or threat to public health and safety, to remedy deficiencies that may result in suspension or revocation.
(1) The certified or interim certified individual shall be given a statement which includes the Department's findings, an explanation of what the certified or interim certified individual must do to comply with the regulations, and the time period in which the certified or interim certified individual shall act.
(2) The certified or interim certified individual must remedy the deficiencies within a reasonable time specified by the Department which shall be no more than 30 calendar days after the issuance date of the statement of deficiencies.
(d) Any individual whose certification or interim certification has been suspended or revoked shall not be eligible to perform activities which require DHS lead certification.


Note: Authority cited: Sections 100275, 105250 and 124160, Health and Safety Code. Reference: Sections 100275, 105250 and 124160, Health and Safety Code.


s 35099. Funding for Enforcement.
The amount of $100,000.00 shall be allocated to the Division of Occupational Safety and Health annually to be expended for the division's costs of enforcing compliance with training and certification requirements.


Note: Authority cited: Sections 100275, 105250 and 124160, Health and Safety Code. Reference: Sections 100275, 105250 and 124160, Health and Safety Code.


s 36000. Requirements for Lead Hazard Evaluation for Public and Residential Buildings.
(a) Lead hazard evaluation for public and residential buildings shall:
(1) Be conducted only by a certified lead inspector/assessor. The certified lead inspector/assessor conducting lead hazard evaluation shall not conduct abatement on the same structure.
(2) Be conducted in a manner in which paint, dust, and soil is tested in accordance with the procedures described in Chapter 5: Risk Assessment, section II (A)(B)(C)(D), "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing," U.S. Department of Housing and Urban Development, June 1995 and Chapter 7: Lead-Based Paint Inspection, "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing," U.S. Department of Housing and Urban Development, 1997 Revision, and which provides quantitative results.
(3) Be conducted in a manner in which paint, dust, and soil samples taken for laboratory analysis are analyzed by a laboratory that is recognized by the U.S. Environmental Protection Agency pursuant to United States Code, Title 15, Section 2685(b).
(4) Be documented in a lead hazard evaluation report which shall include a completed Department of Health Services (DHS) Form 8552 (12/97) and the following attachments:
(A) A foundation diagram, site map, or sketch of the structure, indicating the specific locations of each lead hazard or presence of lead-based paint, and results of the visual inspection, if applicable;
(B) A summary of each testing method, device, and sampling procedure used;
(C) A description of testing and sampling locations; and
(D) The results of laboratory analysis on collected samples, if applicable, including the name, address, and telephone number of each laboratory.
(b) The certified lead inspector/assessor conducting the lead hazard evaluation for a public or residential building shall retain the original completed copy of DHS Form 8552 (12/97) and attachments for a minimum of three years and distribute copies as follows;
(1) A copy of the completed DHS Form 8552 (12/97) and attachments to the person who ordered the lead hazard evaluation;
(2) A copy of the completed DHS Form 8552 (12/97) to the Department within thirty days of completion; and
(3) A copy of the attachments to the Department upon request.
(c) In addition to the requirements specified in subsections (a) and (b):
(1) A lead inspection shall be conducted in accordance with procedures described in Chapter 7: Lead-Based Paint Inspection, "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing," U.S. Department of Housing and Urban Development, 1997 Revision.
(2) A risk assessment shall be conducted in accordance with procedures described in Chapter 5: Risk Assessment, section II(A), (B), (C), and (D), "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing," U.S. Department of Housing and Urban Development, June 1995 and shall include a written description of abatement options for each identified lead hazard, a suggested prioritization for addressing each lead hazard, and recommendations for a maintenance and monitoring schedule.
(3) A clearance inspection shall be conducted:
(A) By a certified lead inspector/assessor or a certified lead project monitor.
(B) In accordance with procedures such as described in Chapter 15: Clearance, sections II-VI, "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing," U.S. Department of Housing and Urban Development, June 1995.


Note: Authority cited: Sections 105250(a) and (b), 124160(b) and 124165, Health and Safety Code. Reference: Sections 100170, 105250(a) and (b), 124160(b) and 124165, Health and Safety Code; Sections 17200, 17203 and 17205, Business and Professions Code; and Sections 11180 and 11181, Government Code.


s 36100. Requirements for Abatement for Public and Residential Buildings.
(a) Abatement for public and residential buildings which is designed to reduce lead paint or lead hazards for a minimum of twenty years shall be conducted:
(1) Only by a certified lead supervisor or a certified lead worker. A certified lead supervisor shall be onsite during all work site preparation and during the post-abatement cleanup of work areas. At all other times when abatement is conducted, the certified lead supervisor shall be onsite or available by telephone, pager or answering service, and able to be present at the work area in no more than two hours.
(2) According to the procedures specified in Chapter 12: Abatement, "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing," U.S. Department of Housing and Urban Development, June 1995.
(3) Using containment and in a manner which does not result in contaimination of non-work areas with lead-contaminated dust, lead-contaminated soil, or lead-based paint debris.
(4) In accordance with an abatement plan prepared by a certified lead supervisor, certified lead project monitor, or certified lead project designer which shall:
(A) Include the following information:
1. A detailed written description of the measures and management procedures, including containment, that will be utilized during abatement to prevent exposure to lead hazards;
2. A detailed written description of abatement, including methods of abatement and locations of rooms and components where abatement is planned;
3. A recommended schedule for re-inspection, based upon the type of abatement; and
4. Instructions on how to maintain potential lead hazards in safe condition.
(B) Be retained and made available to the Department upon request for a period of at least three years by the preparer.
(5) After notification is posted and delivered pursuant to subsection (c), the certified lead supervisor conducting abatement shall retain records of notification for at least three years.
(6) In a manner in which after abatement is completed, a clearance inspection is conducted in accordance with Section 36000(a) and Section 36000(c)(3) of this Chapter.
(b) Abatement for public and residential buildings which is designed to reduce lead paint or lead hazards for less than twenty years shall be conducted:
(A) According to procedures specified in Chapter 11: Interim Controls, "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing," U.S. Department of Housing and Urban Development, June 1995.
(2) Using containment and in a manner which does not result in contamination of non-work areas with lead-contaminated dust, lead-contaminated soil, or lead-based paint debris.
(3) In a manner to ensure that the work area has no lead contaminated dust following the completion of abatement.
(4) In a manner to ensure that a clearance inspection is conducted following the completion of abatement, if abatement was conducted in response to an identified case of lead poisoning as defined in Section 105280(b) of the California Health and Safety Code.
(5) After notification is posted and delivered pursuant to subsection (c).
(c) Prior to conducting abatement, the individual conducting abatement shall provide notification by completing an Abatement of Lead Hazards Notification, DHS 8551 (12/97), form and:
(1) Posting at all entrances to the work area a copy of the completed form which shall not be removed until abatement has been completed and, for abatement conducted pursuant to subsection (a), a clearance inspection has been completed; and
(2) Delivering a copy of the completed form to the Department. Except for abatement conducted in response to an identified case of lead poisoning as defined in Section 105280(b) of the Health and Safety Code, the completed form shall be delivered to the Department at least five days prior to conducting abatement.
(d) Any individual conducting abatement or disturbing lead-based paint without containment shall permit the Department, or enforcement agencies, as specified in the California Health and Safety Code Sections 17960, 17961, and 17965, to access work areas to determine compliance with the requirements of this section.


Note: Authority cited: Sections 105250(a) and (b), 124160(b) and 124165, Health and Safety Code. Reference: Sections 17960, 17961, 17964, 17970, 17972, 17980, 100170, 100175, 105250(a) and (b), 105280(a), 124160(b) and 124165, Health and Safety Code; Section 3494, Civil Code; Section 17200, Business and Professions Code; Section 17274(b), Revenue and Taxation Code; and Sections 11180 and 11181, Government Code.







Petitioners in the lawsuit Healthy Children Organizing Project, et al. v.
Department of Health Services, et al., Superior Court of California in and for
the City and County of San Francisco, Case No. 313012, challenged the
validity of the emergency regulations, "Screening for Childhood Lead
Poisoning". The court found that the regulations did not comply with the
statutory requirements. In response to the court order and comments received
during the open comment period, the Department revised the regulations. The
revised regulations were submitted to the court and made available for public
comment. The following regulations reflect changes made in response to public
comments already received and further changes that will be made available for
an additional public comment period. The Department sought adoption of these
emergency regulations for the purpose of avoiding the lapse of the medical
standard of care and avoiding confusion among impacted health care providers
during the period between the normal expiration of the prior emergency
regulations and the completion of the regulatory process.

s 37000. Health Care Provider.
"Health care provider" means a person licensed to practice medicine pursuant to Article 3 (commencing with Section 2050) of Chapter 5 of Division 2 of the Business and Professions Code; a person licensed to practice as a nurse practitioner pursuant to Article 8 (commencing with Section 2834) of Chapter 6 of Division 2 of the Business and Professions Code; or a person licensed to practice as a physician's assistant pursuant to Article 3 (commencing with Section 3513) of Chapter 7.7 of Division 2 of the Business and Professions Code.


Note: Authority cited: Sections 100275(a), 105285 and 105300, Health and Safety Code. Reference: Section 105285, Health and Safety Code.


s 37005. Physician.


Note: Authority cited: Sections 100275(a), 105285 and 105300, Health and Safety Code. Reference: Section 105285, Health and Safety Code.


s 37010. Physician's Assistant.


Note: Authority cited: Sections 100275(a), 105285 and 105300, Health and Safety Code. Reference: Section 105285, Health and Safety Code.


s 37015. Primary Medical Care.


Note: Authority cited: Sections 100275(a), 105285 and 105300, Health and Safety Code. Reference: Section 105285, Health and Safety Code.


s 37020. Publicly Funded Program for Low Income Children.
"Publicly funded program for low income children" means:
(a) Medi-Cal, as defined in Chapter 7 (commencing with Section 14000) and Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code;
(b) Child Health and Disability Prevention program, as defined in Article 6 (commencing with Section 124025) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code;
(c) Healthy Families, as defined in Part 6.2 (commencing with Section 12693) of Division 2 of the Insurance Code;
(d) Special Supplemental Nutrition Program for Women, Infants and Children, as defined in Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code; or
(e) Any federally funded or State of California funded program that provides medical services or preventive healthcare to children in families whose income is equal to or less than the maximum qualifying income level for participation in any of the programs specified in subsections (a) through (d).


Note: Authority cited: Sections 100275(a), 105285 and 105300, Health and Safety Code. Reference: Section 105285, Health and Safety Code.


s 37025. Screening.
"Screening" means testing an asymptomatic child for lead poisoning by analyzing the child's blood for concentration of lead.


Note: Authority cited: Sections 100275(a), 105285 and 105300, Health and Safety Code. Reference: Section 105285, Health and Safety Code.


s 37100. Requirements.
(a) Except as provided in subsections (c) and (d), every health care provider who performs a periodic health assessment of a child, at the ages specified in subsection (b), shall comply with the following standard of care:
(1) Provide oral or written anticipatory guidance to a parent or guardian of the child, including, at a minimum, the information that children can be harmed by exposure to lead, especially deteriorating or disturbed lead-based paint and the dust from it, and are particularly at risk of lead poisoning from the time the child begins to crawl until 72 months of age.
(2) If the child receives services from a publicly funded program for low-income children, order the child screened for lead poisoning as the child is presumed to be at risk of lead poisoning.
(3) If the child does not receive services from a publicly funded program for low-income children, evaluate the child's risk of lead poisoning by asking a parent or guardian of the child the following question: "Does your child live in, or spend a lot of time in, a place built before 1978 that has peeling or chipped paint or that has been recently renovated?" If the parent or guardian answers "yes" or "don't know" to the question, order the child screened for lead poisoning.
(b) Except as provided in subsections (c) and (d), the health care provider shall perform the actions specified in subsection (a) at each of the following times:
(1) The anticipatory guidance required by subsection (a)(1) shall be performed at each periodic health assessment, starting at 6 months of age and continuing until 72 months of age.
(2) The screening and evaluation required by subsections (a)(2) or (3) shall be performed:
(A) When the child is 12 months of age.
(B) When the child is 24 months of age.
(C) Whenever the health care provider performing a periodic health assessment becomes aware that the child is 12 months to 24 months of age and the actions specified in subsections (a)(2) or (3) were not taken at 12 months of age or thereafter.
(D) Whenever the health care provider performing a periodic health assessment becomes aware that the child is 24 months to 72 months of age and the actions specified in subsections (a)(2) or (3) were not taken when the child was 24 months of age or thereafter.
(E) Whenever the health care provider performing a periodic health assessment of a child 12 to 72 months of age becomes aware that, in the professional judgment of the health care provider, a change in circumstances has put the child at risk of lead poisoning.
(c) The health care provider shall have no duty to order a child screened for lead poisoning if a parent or guardian of the child, or other person with legal authority to withhold consent, refuses to consent to the screening.
(d) The health care provider shall have no duty to order a child screened for lead poisoning, if and so long as the risk of screening is a greater risk to the child's health than the risk of lead poisoning, in the professional judgment of the health care provider. The health care provider shall document the reasons for not screening in the child's medical record.
(e) Upon receiving the results of a blood lead analysis in which the blood lead level is equal to or greater than 10 micrograms of lead per deciliter of blood, the health care provider shall take those actions that are reasonable and medically necessary to reduce, to the extent possible, the child's blood lead level below 10 micrograms of lead per deciliter of blood, such as the following:
(1) Education of a parent or guardian on lead hazards and lead poisoning;
(2) Clinical evaluation for complications of lead poisoning;
(3) Follow-up blood lead analyses:
(A) At one- to two-month intervals until the blood lead level has remained less than 15 micrograms of lead per deciliter of blood for at least six calendar months and the source of the lead poisoning has been removed or remediated; and
(B) Thereafter, unless the child has received additional lead-hazard exposure, at three-month intervals until the child is 36 months of age;
(4) Referring the family to the local childhood lead poisoning prevention program or, if none, the local health jurisdiction; and
(5) Chelation therapy, if appropriate in the professional judgment of the health care provider.
(f) A health care provider who fails to comply with this standard of care may be subject to the disciplinary provisions of Article 12 (commencing with Section 2220) of Chapter 5 of Division 2 the Business and Professions Code.


Note: Authority cited: Sections 100275(a), 105285 and 105300, Health and Safety Code. Reference: Section 105285, Health and Safety Code.


s 38001. Occupational Lead Poisoning Prevention Program: Definitions.
(a) "Altered or disturbed" means subjected to a process that may result in the release of dust, mist, fume, or other particles; such processes may include, but are not limited to, cutting, welding, grinding, polishing, machining, scraping, melting, sanding, spraying or pressure blasting.
(b) "De minimus amount" means any of the following:
(1) Lead present in materials which are altered or disturbed and have a lead concentration less than 0.5% (5000 ppm) by weight;
(2) Lead present in materials where the total weight of such materials altered or disturbed during the calendar year is known to be 16 ounces (one pound) or less by weight;
(3) Lead present in materials where no such material is altered or disturbed at any individual employee's place of employment on more than one day during the calendar year, i.e., if no employee works on more than one day during the calendar year in any location where lead-containing materials are being altered or disturbed, then the amount is de minimus.
(c) "Employee" means any individual employed for at least 160 hours in the prior calendar year, regardless of whether the individual's specific job involved potential exposure to lead or lead-containing materials.
(d) "Lead evaluation" means a review of the place of employment and the materials and processes involved in the operation of an employer's business, including but not limited to review of Material Safety Data Sheets or other manufacturer-supplied data, product labeling, or analytical testing results for presence of lead in materials of unknown composition.
(e) "Lead was not present at the place of employment" means that no amount of lead or lead-containing material was present at the place of employment or in the materials and processes used in the operation of the employer's business, with the following exceptions:
(1) Lead that was not altered or disturbed during the operation of the employer's business and was present in a form, or contained in such a manner, that it could not be inhaled or ingested (examples are undisturbed building materials, unused materials and supplies, intact lead storage batteries); or
(2) Lead present as a result of general environmental contamination which was not the result of the operation of the employer's business.
(f) "Metal work" means the machining or casting of metals or metal alloys.
(g) "Occupational Lead Poisoning Fee" means a fee pursuant to section 105190 of the Health and Safety Code which is assessed annually by the State Board of Equalization on employers with 10 or more employees in industries identified by the Department of Health Services as having documented evidence of potential occupational lead poisoning. These industries are listed by four-digit Standard Industrial Classification (SIC) Code in Section 38005.
(h) "Place of employment" means any location, not limited to a fixed site, where employees carry out work duties which are a part of a business operation.
(i) "Prior calendar year" means the time period from January 1 to December 31 of the year preceding that year in which the Occupational Lead Poisoning Fee is due.
(j) "Standard Industrial Classification (SIC) Code" means a system of four-digit numerical codes to designate the activities of a business operation, set forth by the U.S. Office of Management and Budget in the Standard Industrial Classification Manual, 1987.


Note: Authority cited: Sections 105185 and 105191, Health and Safety Code. Reference: Sections 105185, 105190, 105191 and 105195, Health and Safety Code.


s 38002. Fee Waiver Eligibility.
(a) An employer in an industry listed in section 38005 is eligible for a waiver of the Occupational Lead Poisoning Fee if the employer can demonstrate, by completing the procedures specified in section 38003, that:
(1) Lead was not present at the place of employment during the prior calendar year; or
(2) Lead was present at the place of employment during the prior calendar year only in a de minimus amount.
(b) An employer in an industry listed in section 38005 is not required to pay the Occupational Lead Poisoning Fee if the employer had fewer than 10 employees during the previous year.
(c) An employer in an industry listed in section 38005 that involves painting, including but not limited to Standard Industrial Classification Code 1721, "Painting and Paper Hanging," is not eligible for a fee waiver if, in the operation of the employer's business in the prior calendar year, any employees altered or disturbed paint in or on a building constructed prior to 1978 or on a painted metal structure, unless the employer demonstrates that lead was not present in any of the altered or disturbed paint, or was present only in a de minimus amount.
(d) An employer in an industry listed in section 38005 that involves demolition, including but not limited to Standard Industrial Classification Code 1795, "Wrecking and Demolition Work," is not eligible for a fee waiver if, in the operation of the employer's business in the prior calendar year, any employees altered or disturbed a painted metal structure, or a building with painted surfaces that was constructed prior to 1978, unless the employer demonstrates that lead was not present in any of the disturbed paint, or was present only in a de minimus amount.
(e) An employer in an industry listed in section 38005 that involves handling or processing of scrap metal, including but not limited to Standard Industrial Classification Code 5093, "Scrap and Waste Materials," is not eligible for a fee waiver if, in the operation of the employer's business in the prior calendar year, any employees altered or disturbed materials that may contain lead or have a lead-containing coating, unless the employer demonstrates that lead was not present in any of the altered or disturbed materials, or was present only in a de minimus amount.
(f) An employer's request for a fee waiver may be denied for any of the following reasons:
(1) Identification of the presence of lead in a greater than de minimus amount at the place of employment or in the materials or processes used in the operation of the employer's business; or
(2) Failure of an employer to request a fee waiver and supply the documentation required in section 38003(d) within 180 days following the due date of the Occupational Lead Poisoning Fee; or
(3) Failure of an employer to provide sufficient and accurate information by which to evaluate the request for a fee waiver.
(g) The Department shall give written notice to the employer of the denial of an employer's request for a fee waiver and the reason or reasons for the denial.
(h) An employer whose request for a fee waiver is denied shall have 15 working days from receipt of notice of the denial to request a reconsideration of the denial and to supply any additional facts which the employer believes support the granting of the fee waiver request.


Note: Authority cited: Sections 105185 and 105191, Health and Safety Code. Reference: Sections 105190(e) and 105191(b), Health and Safety Code.


s 38003. Procedures for Application of a Waiver.
(a) An employer requesting a fee waiver shall conduct a lead evaluation of the premises, materials and processes used in the operation of the employer's business during the prior calendar year to determine whether lead was present. This evaluation shall include, but not be limited to, review of Material Safety Data Sheets or other manufacturer-supplied data, product labeling, or analytical testing results for presence of lead in materials of unknown composition.
(b) An employer requesting a fee waiver shall establish that lead was not present, or was present only in a de minimus amount, at the place of employment during the prior calendar year.
(c) An employer requesting a fee waiver shall have 180 days following the due date of the Occupational Lead Poisoning Fee to submit documentation that lead was not present, or was present only in a de minimus amount, at the place of employment during the prior calendar year.
(d) An employer requesting a fee waiver shall demonstrate that lead was not present, or was present in a de minimus amount, at the place of employment by providing documentation that includes:
(1) A Request for a Waiver of the Occupational Lead Poisoning Fee [DHS Form 8484 (4/97)], which is hereby incorporated by reference, containing the following information:
(A) Name, title, and affiliation of the person who conducted the lead evaluation of the employer's business operation as outlined in section 38003(a) and, if a consultant, also telephone number and address.
(B) Statement signed by the person conducting the lead evaluation that attests that, to the best of the person's knowledge, no lead or lead-containing materials were present in any amount, or were present only in a de minimus amount (as defined in section 38001) during the prior calendar year, in the premises, materials and processes used in the operation of the business.
(C) Description of the nature of the employer's business, including a description of the products manufactured and/or services provided.
(D) The employer's Board of Equalization-designated, 8-digit account number provided to the employer at the time the Occupational Lead Poisoning Fee is assessed.
(E) Name, title, company, address, telephone number, and signature of an authorized representative of the employer who is requesting the fee waiver.
(F) An employer in an industry listed in section 38005 that involves construction work, who wishes to apply for a fee waiver, shall identify the extent to which the company's operations involved altering or disturbing painted surfaces by completing Part B of Form DHS 8484 (4/97).
(G) An employer in an industry listed in section 38005 that involves detective, guard, armored car or other security services, who wishes to apply for a waiver, shall identify the extent to which the company's operations involved altering or disturbing lead materials by discharging weapons on company time by completing Part C of Form DHS 8484 (4/97).
(H) An employer in an industry listed in section 38005 that involves metal work who wishes to apply for a fee waiver, shall identify the extent to which the company's operations involved altering or disturbing lead-containing metals or alloys (including lead-containing brass or bronze) by completing Part D of Form DHS 8484 (4/97).
(I) An employer in an industry listed in section 38005 that involves the handling or processing of scrap metal who wishes to apply for a fee waiver, shall identify the extent to which the company's operations involved altering or disturbing lead-containing or lead-painted scrap metal by completing Part E of Form DHS 8484 (4/97).
(2) Correspondence from an employer, workers' compensation representative, or consultant that includes all of the information outlined in section 38003(d)(1).
(e) An employer requesting a fee waiver may be required to provide additional information describing the nature of the employer's business, including the premises, materials or processes used in the operation of the employer's business.
(f) Results of industrial hygiene monitoring tests that show non-detectable concentrations of lead in workplace air shall not be considered sufficient documentation that lead was not present at the place of employment.


Note: Authority cited: Sections 105185 and 105191, Health and Safety Code. Reference: Sections 105190(e) and 105191(b), Health and Safety Code.


s 38004. Periods for Which Fee Waivers Are Granted.
(a) The Department shall have the discretion to grant a permanent or annual waiver of the Occupational Lead Poisoning Fee to an employer who has provided acceptable documentation that lead was not present at the place of employment, or was present only in a de minimus amount. The decision to grant a permanent waiver or annual waiver shall be based on:
(1) A description of the employer's business operation;
(2) The potential for lead use within the industries classified under the employer's Standard Industrial Classification Code;
(3) The likelihood that the employer's business operation may change over time, causing lead to become present at the place of employment in a greater than de minimus amount.
(b) The Department shall, at the timer a fee waiver is granted, inform the employer of whether the waiver is granted on a permanent or annual basis.
(c) The Department shall rescind a company's permanent waiver of the Occupational Lead Poisoning Fee if the Department obtains evidence, including but not limited to a substantiated case report of occupational lead poisoning in an employee, that indicates that lead is present in a greater than de minimus amount at the place of employment.
(d) The Department shall rescind a company's annual waiver of the Occupational Lead Poisoning Fee if the Department obtains evidence, including but not limited to a substantiated case report of occupational lead poisoning in an employee, that indicates that lead was present in a greater than de minimus amount at the place of employment during the calendar year for which the annual waiver was granted.
(e) An employer who is granted a permanent fee waiver shall notify the Department within 30 days of any changes in the premises, materials or processes used in the operation of the business that result in lead being present in a greater than de minimus amount at the place of employment.
(f) An employer who is granted an annual waiver shall notify the Department within 30 days if the employer becomes aware that lead was present in a greater than de minimus amount at the place of employment during the calendar year for which the annual waiver was granted.


Note: Authority cited: Sections 105185 and 105191, Health and Safety Code. Reference: Sections 105190(e) and 105191(b), Health and Safety Code.


s 38005. Occupational Lead Poisoning Fee: Applicable Industries.
(a) The list of industries in section 105195 of the California Health and Safety Code for which the Occupational Lead Poisoning Fee is applicable is hereby modified as follows:
SIC Code Industry
(1) 1041 Gold ores
(2) 1521 General contractors - Single-family houses
(3) 1541 General contractors - Industrial buildings and warehouses
(4) 1542 General contractors - Nonresidential buildings, other than industrial buildings and warehouses
(5) 1611 Highway and street construction, except elevated highways
(6) 1622 Bridge, tunnel, and elevated highway construction
(7) 1623 Water, sewer, pipeline and communications and power line construction
(8) 1629 Heavy construction, not elsewhere classified
(9) 1711 Plumbing, heating, and air-conditioning
(10) 1721 Painting and paper hanging
(11) 1761 Roofing, siding and sheet metal work
(12) 1791 Structural steel erection
(13) 1795 Wrecking and demolition work
(14) 1796 Installation or erection of building equipment, not elsewhere classified
(15) 1799 Special trade contractors, not elsewhere classified
(16) 2759 Commercial printing, not elsewhere classified
(17) 2782 Blankbooks, looseleaf binders and devices
(18) 2816 Inorganic pigments
(19) 2819 Industrial inorganic chemicals, not elsewhere classified
(20) 2821 Plastics material, synthetic resins, and nonvulcanizable elastomers
(21) 2851 Paints, varnishes, lacquers, enamels, and allied products
(22) 2869 Industrial organic chemicals, not elsewhere classified
(23) 2891 Adhesives and sealants
(24) 2892 Explosives
(25) 2899 Chemicals and chemical preparations, not elsewhere classified
(26) 3053 Gaskets, packing, and sealing devices
(27) 3069 Fabricated rubber products, not elsewhere classified
(28) 3087 Custom compounding of purchased plastics resins
(29) 3089 Plastics products, not elsewhere classified
(30) 3229 Pressed and blown glass and glassware, not elsewhere classified
(31) 3231 Glass products, made of purchased glass
(32) 3253 Ceramic floor and wall tile
(33) 3261 Vitreous china plumbing fixtures and china and earthenware fittings and bathroom accessories
(34) 3262 Vitreous china table and kitchen articles
(35) 3269 Pottery products, not elsewhere classified
(36) 3312 Steel works, blast furnaces (including coke ovens), and rolling mills
(37) 3313 Electrometallurgical products, except steel
(38) 3315 Steel wiredrawing and steel nails and spikes
(39) 3316 Cold-rolled steel sheet, strip and bars
(40) 3317 Steel pipe and tubes
(41) 3321 Gray and ductile iron foundries
(42) 3325 Steel foundries, not elsewhere classified
(43) 3331 Primary smelting and refining of copper
(44) 3339 Primary smelting and refining of nonferrous metals, except copper and aluminum
(45) 3341 Secondary smelting and refining of nonferrous metals
(46) 3351 Rolling, drawing, and extruding of copper
(47) 3356 Rolling, drawing, and extruding of nonferrous metals, except copper and aluminum
(48) 3357 Drawing and insulating of nonferrous wire
(49) 3363 Aluminum die-castings
(50) 3364 Nonferrous die-castings, except aluminum
(51) 3365 Aluminum foundries
(52) 3366 Copper foundries
(53) 3369 Nonferrous foundries, except aluminum and copper
(54) 3398 Metal heat treating
(55) 3399 Primary metal products, not elsewhere classified
(56) 3411 Metal cans
(57) 3429 Hardware, not elsewhere classified
(58) 3431 Enameled iron and metal sanitary ware
(59) 3432 Plumbing fixture fittings and trim
(60) 3433 Heating equipment, except electric and warm air furnaces
(61) 3441 Fabricated structural metal
(62) 3444 Sheet metal work
(63) 3463 Nonferrous forgings
(64) 3479 Coating, engraving, and allied services, not elsewhere classified
(65) 3484 Small arms
(66) 3491 Industrial valves
(67) 3492 Fluid power valves and hose fittings
(68) 3494 Valves and pipe fittings, not elsewhere classified
(69) 3496 Miscellaneous fabricated wire products
(70) 3497 Metal foil and leaf
(71) 3532 Mining machinery and equipment, except oil and gas field machinery and equipment
(72) 3544 Special dies and tools, die sets, jigs and fixtures, and industrial molds
(73) 3561 Pumps and pumping equipment
(74) 3567 Industrial process furnaces and ovens
(75) 3585 Air-conditioning and warm air heating equipment and commercial and industrial refrigeration equipment
(76) 3599 Industrial and commercial machinery and equipment, not elsewhere classified
(77) 3624 Carbon and graphite products
(78) 3661 Telephone and telegraph apparatus
(79) 3663 Radio and television broadcasting and communications equipment
(80) 3669 Communications equipment, not elsewhere classified
(81) 3671 Electron tubes
(82) 3674 Semiconductors and related devices
(83) 3678 Electronic connectors
(84) 3679 Electronic components, not elsewhere classified
(85) 3691 Storage batteries
(86) 3692 Primary batteries, dry and wet
(87) 3699 Electrical machinery, equipment and supplies, not elsewhere classified
(88) 3711 Motor vehicles and passenger car bodies
(89) 3714 Motor vehicle parts and accessories
(90) 3721 Aircraft
(91) 3728 Aircraft parts and auxiliary equipment, not elsewhere classified
(92) 3812 Search, detection, navigation, guidance, aeronautical, and nautical systems and instruments
(93) 3825 Instruments for measuring and testing of electricity and electrical signals
(94) 3829 Measuring and controlling devices, not elsewhere classified
(95) 3844 X-ray apparatus and tubes and related irradiation apparatus
(96) 3914 Silverware, plated ware, and stainless steel ware
(97) 3949 Sporting and athletic goods, not elsewhere classified
(98) 3953 Marking devices
(99) 3965 Fasteners, buttons, needles, and pins
(100) 4813 Telephone communications, except radiotelephone
(101) 4911 Electric services
(102) 5064 Electrical appliances, television and radio sets
(103) 5093 Scrap and waste materials
(104) 5941 Sporting goods stores and bicycle shops
(105) 7381 Detective, guard, and armored car services
(106) 7538 General automotive repair shops
(107) 7539 Automotive repair shops, not elsewhere classified
(108) 7997 Membership sports and recreation clubs
(109) 7999 Amusement and recreation services, not elsewhere classified
(110) 8734 Testing laboratories


Note: Authority cited: Sections 105185 and 105195, Health and Safety Code. Reference: Section 105195, Health and Safety Code.