1926.62(d)(1)(i): Initial Lead Exposure Determination in Construction
Each construction employer with a workplace or operation covered by the lead standard must initially determine whether any employee may be exposed to lead at or above the action level.
Key takeaways
- 1926.62(d)(1)(i) is part of OSHA's construction standards (29 CFR Part 1926, Subpart D).
- OSHA cited it 131 times in the last 3 years, in 131 inspections, with $210,995 in current penalties.
- Most citations: MI (54), OR (15), IL (11).
- 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)(1)(i) is one requirement inside 1926.62 Lead, an OSHA construction standard (Part 1926, Subpart D). 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) Each employer who has a workplace or operation covered by this standard shall initially determine if any employee may be exposed to lead at or above the action level. 131 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 | 8 |
| 2024 | 53 |
| 2025 | 49 |
| 2026 | 21 |
Top states: MI (54), OR (15), IL (11), NY (8), VA (7)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| TITAN WHEEL CORPORATION OF ILLINOIS | QUINCY, IL | $11,688 |
| OMEGA III LLC | TINLEY PARK, IL | $10,641 |
| DR COLORS LLC | PROVIDENCE, RI | $8,595 |
| UNIFIED CONSTRUCTION GROUP, LLC | BOSTON, MA | $7,500 |
| EDISON TOWNSHIP BUILDING | EDISON, NJ | $7,000 |
Free toolbox talk
A 5-minute crew talk on 1926.62(d)(1)(i), plus alerts when this rule changes. Free.
OSHA interpretation letters
None exist. OSHA has not published a letter of interpretation for 1926.62(d)(1)(i).
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)(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
What must construction employers determine about lead?
Whether any employee may be exposed to lead at or above the action level.
When is this determination made?
Initially, for each workplace or operation covered by 1926.62.
Does this paragraph state the action level?
No. The action level is defined elsewhere in the standard.
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 2026-10-19
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.