1926.62(d)(2): Protecting Workers Before Lead Exposure Is Assessed
Until a lead exposure assessment shows otherwise, construction employers must treat employees doing listed lead tasks, such as manual demolition, scraping, sanding, heat gun work and power tool cleaning where lead coatings are present, or spray painting with lead paint, as exposed above the PEL and protect them. The same applies to any task where there is reason to believe exposure may exceed the PEL.
Key takeaways
- 1926.62(d)(2) is part of OSHA's construction standards (29 CFR Part 1926, Subpart D).
- OSHA cited it 178 times in the last 3 years, in 78 inspections, with $227,449 in current penalties.
- Most citations: OR (54), NY (27), MI (24).
- 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) ("Protection of employees during assessment of exposure") is one requirement inside 1926.62 Lead, an OSHA construction standard (Part 1926, Subpart D). It includes 19 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
(2) Protection of employees during assessment of exposure. 178 citations
(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: Open (d)(2)(i) 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.
(ii) In addition, with regard to tasks not listed in paragraph (d)(2)(i), where the employee has any reason to believe that an employee performing the task may be exposed to lead in excess of the PEL, until the employer performs an employee exposure assessment as required by paragraph (d) of this section and documents that the employee's lead exposure is not above the PEL the employer shall treat the employee as if the employee were exposed above the PEL and shall implememt employee protective measures as prescribed in paragraph (d)(2)(v) of this section.
(iii) With respect to the tasks listed in this paragraph (d)(2)(iii) of this section, where lead is present, until the employer performs an employee exposure assessment as required in this paragraph (d), and documents that the employee performing any of the listed tasks is not exposed in excess of 500 µg/m3, the employer shall treat the employee as if the employee were exposed to lead in excess of 500 µg/m3 and shall implement employee protective measures as prescribed in paragraph (d)(2)(v) of this section. Where the employer does establish that the employee is exposed to levels of lead below 500 µg/m3, the employer may provide the exposed employee with the appropriate respirator prescribed for such use at such lower exposures, in accordance with paragraph (f) of this section. The tasks covered by this requirement are:
(A) Using lead containing mortar; lead burning
(B) Where lead containing coatings or paint are present: rivet busting; power tool cleaning without dust collection systems; cleanup activities where dry expendable abrasives are used; and abrasive blasting enclosure movement and removal.
(iv) With respect to the tasks listed in this paragraph (d)(2)(iv), where lead is present, until the employer performs an employee exposure assessment as required in this paragraph (d) and documents that the employee performing any of the listed tasks is not exposed to lead in excess of 2,500 µg/m3 (50×PEL), the employer shall treat the employee as if the employee were exposed to lead in excess of 2,500 µg/m3 and shall implement employee protective measures as prescribed in paragraph (d)(2)(v) of this section. Where the employer does establish that the employee is exposed to levels of lead below 2,500 µg/m3, the employer may provide the exposed employee with the appropriate respirator prescribed for use at such lower exposures, in accordance with paragraph (f) of this section. Interim protection as described in this paragraph is required where lead containing coatings or paint are present on structures when performing: 5 citations
(A) Abrasive blasting,
(B) Welding,
(C) Cutting, and 1 citations
(D) Torch burning.
(v) Until the employer performs an employee exposure assessment as required under paragraph (d) of this section and determines actual employee exposure, the employer shall provide to employees performing the tasks described in paragraphs (d)(2)(i), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) of this section with interim protection as follows: Open (d)(2)(v) 161 citations
(A) Appropriate respiratory protection in accordance with paragraph (f) of this section. Open (d)(2)(v)(a) 18 citations
(B) Appropriate personal protective clothing and equipment in accordance with paragraph (g) of this section. Open (d)(2)(v)(b) 22 citations
(C) Change areas in accordance with paragraph (i)(2) of this section. Open (d)(2)(v)(c) 23 citations
(D) Hand washing facilities in accordance with paragraph (i)(5) of this section. Open (d)(2)(v)(d) 15 citations
(E) Biological monitoring in accordance with paragraph (j)(1)(i) of this section, to consist of blood sampling and analysis for lead and zinc protoporphyrin levels, and Open (d)(2)(v)(e) 21 citations
(F) Training as required under paragraph (l)(1)(i) of this section regarding 29 CFR 1926.59, Hazard Communication; training as required under paragraph (1)(2)(iii) of this section, regarding use of respirators; and training in accordance with 29 CFR 1926.21, Safety training and education. Open (d)(2)(v)(f) 22 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1926.62.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 11 |
| 2024 | 83 |
| 2025 | 72 |
| 2026 | 12 |
Top states: OR (54), NY (27), MI (24), WI (11), IL (9)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| SANDHU CONTRACTING INC. | TANNERSVILLE, NY | $46,340 |
| SANDHU CONTRACTING, INC. | GRAND GORGE, NY | $39,720 |
| DR COLORS LLC | PROVIDENCE, RI | $17,190 |
| STONEBRIDGE INC. | NEW YORK, NY | $14,895 |
| 109828 - RAINBOW INC | MINNEAPOLIS, MN | $8,400 |
Free toolbox talk
A 5-minute crew talk on 1926.62(d)(2), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Shearing a structural member during demolition is not considered cutting as that term is used in 1926.62. (2011-06-07)
- 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)(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
- 1926.62(d)(2)(i) 12 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 must be treated as above the lead PEL until assessed?
Where lead coatings or paint are present: manual demolition, manual scraping, manual sanding, heat gun use and power tool cleaning with dust collection, plus spray painting with lead paint.
What about other tasks?
If there is any reason to believe a task may expose an employee above the PEL, the employee must be treated as exposed above the PEL until assessed.
When can the extra protections stop?
When 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.