1926.62(d)(1): Initial Lead Exposure Determination in Construction
Construction employers covered by the lead standard must first determine whether any employee may be exposed to lead at or above the action level, measuring exposure as if no respirator were worn. Monitoring uses full-shift personal samples that represent regular daily exposure, with at least one sample for each job classification in each work area, either for each shift or for the shift with the highest exposure.
Key takeaways
- 1926.62(d)(1) is part of OSHA's construction standards (29 CFR Part 1926, Subpart D).
- OSHA cited it 160 times in the last 3 years, in 140 inspections, with $248,137 in current penalties.
- Most citations: MI (55), IL (17), OR (15).
- 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) ("General") is one requirement inside 1926.62 Lead, an OSHA construction standard (Part 1926, Subpart D). It includes 4 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
(1) General. 160 citations
(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. Open (d)(1)(i) 131 citations
(ii) For the purposes of paragraph (d) of this section, employee exposure is that exposure which would occur if the employee were not using a respirator.
(iii) With the exception of monitoring under paragraph (d)(3), where monitoring is required under this section, the employer shall collect personal samples representative of a full shift including at least one sample for each job classification in each work area either for each shift or for the shift with the highest exposure level. Open (d)(1)(iii) 28 citations
(iv) Full shift personal samples shall be representative of the monitored employee's regular, daily exposure to lead. 1 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 | 9 |
| 2024 | 67 |
| 2025 | 59 |
| 2026 | 25 |
Top states: MI (55), IL (17), OR (15), NY (12), CT (9)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| TITAN WHEEL CORPORATION OF ILLINOIS | QUINCY, IL | $11,688 |
| COMMODORE MAINTENANCE CORPORATION | BROOKLYN, NY | $11,292 |
| OMEGA III LLC | TINLEY PARK, IL | $10,641 |
| DR COLORS LLC | PROVIDENCE, RI | $8,595 |
| 68870 - MIDWEST PRO PAINTING, INC. | LOUISVILLE, KY | $7,840 |
Free toolbox talk
A 5-minute crew talk on 1926.62(d)(1), plus alerts when this rule changes. Free.
OSHA interpretation letters
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)(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
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Frequently asked questions
What must employers determine first?
Whether any employee may be exposed to lead at or above the action level.
Do respirators count when measuring exposure?
No. Exposure is what would occur if the employee were not using a respirator.
How many samples are needed?
At least one full-shift personal sample for each job classification in each work area, either for each shift or for the shift with the highest exposure.
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.