1926.62(d)(2)(i): Presumed Lead Exposure for Certain Tasks
Where lead is present, construction employers must treat employees doing listed tasks as exposed above the PEL, and not in excess of 10 times the PEL, until an exposure assessment documents otherwise, and must apply the protective measures in paragraph (d)(2)(v). Listed tasks include manual demolition, manual scraping, manual sanding, heat gun use and power tool cleaning with dust collection where lead coatings or paint are present, and spray painting with lead paint.
Key takeaways
- 1926.62(d)(2)(i) is part of OSHA's construction standards (29 CFR Part 1926, Subpart D).
- OSHA cited it 12 times in the last 3 years, in 12 inspections, with $22,168 in current penalties.
- Most citations: AK (2), IL (2), TN (1).
- Related part: 1926.62(d) Exposure assessment (342 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1926.62(d)(2)(i) is one requirement inside 1926.62 Lead, an OSHA construction standard (Part 1926, Subpart D). It includes 2 sub-paragraphs. The official text below is copied word for word from the Electronic Code of Federal Regulations (eCFR). The numbers, injury cases and training on this page show how OSHA enforces it on real job sites.
Official text
(i) With respect to the lead related tasks listed in paragraph (d)(2)(i) of this section, where lead is present, until the employer performs an employee exposure assessment as required in paragraph (d) of this section and documents that the employee performing any of the listed tasks is not exposed above the PEL, the employer shall treat the employee as if the employee were exposed above the PEL, and not in excess of ten (10) times the PEL, and shall implement employee protective measures prescribed in paragraph (d)(2)(v) of this section. The tasks covered by this requirement are: 12 citations
(A) Where lead containing coatings or paint are present: Manual demolition of structures (e.g, dry wall), manual scraping, manual sanding, heat gun applications, and power tool cleaning with dust collection systems; Open (d)(2)(i)(a) 3 citations
(B) Spray painting with lead paint.
Source: eCFR, text current as of 2026-10-15. Read all of 1926.62.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2024 | 5 |
| 2025 | 4 |
| 2026 | 3 |
Top states: AK (2), IL (2), TN (1), CT (1), WI (1)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| CORNERSTONE IMPROVEMENT, LLC | HARTFORD, CT | $4,148 |
| STAR TECH CONSTRUCTION INC. | NEW YORK, NY | $3,973 |
| TOP OF THE LINE | WOONSOCKET, RI | $3,547 |
| DDS ENVIRONMENTAL INC. | CHICAGO, IL | $3,000 |
| LAWRENCE COUNTY COMMUNITY ACTION PARTNERSHIP | NEW CASTLE, PA | $2,500 |
Free toolbox talk
A 5-minute crew talk on 1926.62(d)(2)(i), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Requirement for an employer to conduct an exposure assessment for tasks involving lead-containing paint (2008-09-10)
- Using X-ray fluorescence for analysis of lead in paint and applicability of other agencies lead levels. (1999-03-01)
Related parts of this rule
- 1926.62(d) Exposure assessment 342 citations
- 1926.62(d)(2) Protection of employees during assessment of exposure 178 citations
- 1926.62(d)(2)(v) 161 citations
- 1926.62(d)(1) General 160 citations
- 1926.62(d)(1)(i) 131 citations
- 1926.62(d)(1)(iii) 28 citations
- 1926.62(d)(2)(v)(C) 23 citations
- 1926.62(d)(2)(v)(F) 22 citations
- 1926.62(d)(2)(v)(B) 22 citations
- 1926.62(d)(2)(v)(E) 21 citations
- 1926.62(d)(2)(v)(A) 18 citations
- 1926.62(d)(2)(v)(D) 15 citations
Get your crew competent
Trainers on Black Belt Safety: Marc Harvey, Dana Reyes
Trainers and suppliers: feature your business on this rule for $25/month.
Frequently asked questions
Which tasks are covered by this presumption?
Where lead coatings or paint are present: manual demolition, manual scraping, manual sanding, heat gun applications and power tool cleaning with dust collection systems; also spray painting with lead paint.
What exposure is presumed?
Above the PEL, and not in excess of 10 times the PEL.
How long does the presumption last?
Until the employer performs an exposure assessment and documents that the employee is not exposed above the PEL.
About this page
Sources
- 29 CFR 1926.62 (eCFR), text current as of 2026-10-15
- U.S. Department of Labor enforcement data: OSHA inspections, citations and accident records, copied nightly; data as of 2026-10-20
3-year window. Federal OSHA only; state-plan rules are not counted. Plain-language text is a summary, not legal advice; the official text controls. Black Belt Safety is not part of OSHA or the Department of Labor.