22.4 University Staff – Construction or Renovating Work: Child-Occupied Facilities / Target Housing
22.6 Outside Contractors – Lead Abatement Work: Child-Occupied Facilities / Target Housing
22.7 Lead Notification/Disclosure – Target Housing (not applicable to child-occupied facilities)
22.2 University Staff – Construction or Renovation Work: Non-Child Occupied Facilities / Non-Target Housing (most campus buildings) #
Before work begins, all materials impacted by the construction/renovation work suspected of containing lead must be tested or assumed to be lead-containing in buildings built or renovated prior to 1978. Workers will follow their department procedures for determining the presence of lead-containing paint or contact EHS.
Project Procedures #
If a material contains lead, staff must follow the procedures in their department compliance program or follow the project specific work plan developed by EHS. The program or work plan will address engineering controls, work practices, protection of building occupants and University property, personal protective equipment (PPE), air monitoring, training, medical surveillance, clean up, waste handling and recordkeeping.
Training #
University employees involved in construction or renovation activities impacting lead-containing material (LCM) must receive lead safety training conducted by EHS. The training must be given prior to initial job assignment and annually thereafter. The training covers:
- Recognition and identification of lead-containing materials and operations.
- Health hazards of lead exposure.
- Procedures in the Lead Compliance Program for site preparation, worker protection and specific work procedures, including engineering, work practice controls, and personal protective equipment.
- Personal monitoring procedures and the employee access to sample results.
- An overview of RCRA, as it applies to lead waste and appropriate disposal methods.
- The content of “Lead Exposure in Construction” (MIOSHA Construction Safety and Health Standard Part 603 and its Appendices).
Medical Surveillance #
All employees who have the potential to be exposed to lead above the Action Level in their work environment are included in the University’s medical surveillance program. Generally, employees included in the medical surveillance program are maintenance and construction workers, such as painters and welders, who disturb lead-containing material. Medical surveillance will be conducted annually in accordance with the University’s protocol for lead medical surveillance.
To participate in the medical surveillance program, the supervisor should indicate that the employee is exposed to lead on the employee’s Medical Surveillance Request Form. The completed Form will be evaluated by EHS and the employee will be contacted directly by the University’s occupational health care provider to schedule the physical exam.
Written results of the lead medical surveillance will be provided to the employee from EHS within 5 working days of receipt from the occupational health care provider.
If the employee’s blood lead level exceeds 15 micrograms per deciliter (µg/dl) of whole blood, EHS will review with the employee the follow-up testing process and temporary work restrictions.
If temporary work restrictions become necessary based on blood lead level follow-up or the final medical determination of the occupational health care provider, the medical removal provisions of MIOSHA Part 603 will be followed. The University will ensure protection of the employee’s normal earnings, seniority and other employment rights and benefits during this period.
The employee will continue follow-up medical surveillance until the University’s occupational health care provider notifies EHS of:
- two consecutive blood-sampling tests indicating a blood lead level at or below 15 µg/dl; or
- A subsequent final medical determination that the employee no longer has a detected medical condition which places them at an increased risk of impairment.
At this point, the employee may return to their former work assignment.
Air Monitoring #
In all potential occupational lead exposure situations, personal air monitoring will be conducted initially on a representative number of projects. Depending on the results of previous air monitoring, additional projects may be monitored on specific time intervals, as specified in the MIOSHA regulation. All air monitoring will be coordinated by EHS.
If a negative initial exposure determination (as defined by the regulation) is made for a specific activity, then air monitoring may cease until there is a change in control methods, equipment, work practices or personnel, at which point air monitoring will resume.
EHS will maintain air monitoring records for compliance with these requirements.
22.3 Outside Contractors – Construction or Renovation Work: Non-Child Occupied Facilities / Non-Target Housing #
Before work begins, all materials impacted by the construction/renovation work suspected of containing lead must be tested in buildings built or renovated prior to 1978 or assumed to contain lead. The project planner will contact EHS to request a building or project survey for lead-containing materials. Outside consultants may be used by EHS in conducting surveys.
Project Procedures #
When the University contracts with an outside firm to perform work on materials known to contain lead, “Section 028300-Lead Remediation” of the University’s Master Specification will be incorporated into the contract. The Master Specification addresses protection of workers and University property, in accordance with all applicable state and federal regulations. The contractor will be required to submit proof of compliance with the elements in the MIOSHA Lead Exposure in Construction standard before work begins.
Air Monitoring #
EHS reserves the right to perform air monitoring during any project and may monitor the contractor work practices for compliance with the terms of the project specification, in which the Master Specification has been incorporated. EHS may use outside consultants to perform monitoring.
22.4 University Staff – Construction or Renovating Work: Child-Occupied Facilities / Target Housing #
University staff who participate in the University’s Lead Program and who are trained as certified renovators may perform construction/renovation/repair and painting in child-occupied facilities or target housing when the purpose of the project is not lead abatement. All such projects in child occupied facilities or target housing must be reviewed and approved by EHS.
Building Materials Surveys #
All inspections for lead based paint in child occupied facilities or target housing will be conducted using State of Michigan certified lead inspectors or lead risk assessors. Inspection procedures will be in accordance with EPA and MDHHS regulations applicable to child-occupied facilities. Generally, an x-ray fluorescence (XRF) device will be used for testing, in accordance with the most current documented methodology.
All original inspection reports will be maintained by EHS and results shared with workers and project planners needing the information. Copies of reports will also be provided to the affected University departments for use in Lead Disclosure Procedures, as covered in this program.
Since the EPA and MIOSHA definitions of lead concentrations differ, additional survey work using paint chip analysis may be necessary on projects where greater than 2 square feet (ft2) of material will be disturbed per EPA’s Lead-Based Paint Pre-Renovation Education Rule. University staff that may be planning work in these areas, are instructed to contact EHS for a final determination.
Project Procedures #
When University staff will perform renovation, repair or painting, EHS will prescribe work practices to be followed. The University Housing compliance program addresses procedures for Housing staff.
If University staff who are trained as certified renovators will perform renovation, repair or painting as approved by EHS, target housing occupants (if any are present) will be given the EPA pamphlet “Renovate Right” prior to work. Cleaning verification will be completed after completion of the project, or clearance dust sampling will be completed using the same standards as those established for abatement projects.
Staff Training #
All staff that perform lead construction or renovation work in child occupied facilities or target housing will be trained as certified renovators. Medical Surveillance and Air Monitoring provisions of this program will be the same as for staff working in non-child occupied facilities.
University Staff – Lead Abatement Work: (Child-Occupied Facilities/Target Housing) #
All lead abatement projects will be performed by non-University staff, State of Michigan licensed, lead abatement contractors.
22.5 Outside Contractors – Construction or Renovation/Repair/Painting Work: Child-Occupied Facilities / Target Housing #
When the University contracts with an outside firm to perform lead renovation, repair or painting projects the residential lead master spec Section 28333 – Lead Products Removal and Disposal (Renovation, Repair and Painting in Child Occupied Facilities and Target Housing will be used. This will address all provisions (including proper work practices and engineering controls) of both EPA and MIOSHA regulations. An EPA certified lead renovator firm will be hired to perform the work using individuals trained as or under the supervision of certified renovators.
In addition to the submittals for MIOSHA compliance, the contractor will be required to submit to the occupants (if any are present) EPA’s pamphlet “Renovate Right” before work commences.
Lead abatement contractors will be responsible for all post-project and post-abatement cleaning to meet the clearance levels established in MDHHS regulations.
Air Monitoring #
EHS reserves the right to perform air monitoring during any project and may monitor the contractor work practices for compliance with the terms of the project specification, in which the Master Specification has been incorporated. EHS may use outside consultants to perform monitoring.
Cleaning Verification #
At the completion of all work, a certified renovator must conduct a visual inspection to determine if deteriorated painted surfaces and/or visible amounts of dust, debris or residue are still present. If present, the contractor will be called in to re-clean.
After the visual inspection and any subsequent cleaning, the certified renovator must further verify cleaning by using a wet disposable cleaning cloth to wipe surfaces and then compare the cloth to a “Cleaning Verification Card”. Re-cleaning and re-testing will be repeated as necessary until cleaning standards are met. The clearance report and all other required documentation will be submitted to EHS.
22.6 Outside Contractors – Lead Abatement Work: Child-Occupied Facilities / Target Housing #
Project Procedures #
When the University contracts with an outside firm to perform lead abatement, the residential lead abatement specification “Lead Products Removal and Disposal – Lead Abatement in Child Occupied Facilities and Target Housing” will be used. This specification is maintained by EHS and is used only in special cases where the specific goal of a project is to remove a lead based paint hazard. This specification will address all provisions of both MDHHS and MIOSHA regulations. A State of Michigan licensed lead abatement firm will be hired to perform the work.
In addition to the submittals for MIOSHA compliance, the contractor will be required to submit the MDHHS “Occupant Protection Plan” and a copy of the required MDHHS “Notification of Lead Abatement Activity” Form before work commences.
The lead abatement contractor will be responsible for all post-project and post-abatement cleaning to meet the clearance levels established in MDHHS regulations.
Air Monitoring #
EHS reserves the right to perform air monitoring during any project and may monitor the contractor work practices for compliance with the terms of the project specification, in which the Master Specification has been incorporated. EHS may use outside consultants to perform monitoring.
Clearance Testing & Post Abatement Report #
At the completion of all work, EHS will arrange clearance testing in accordance with MDHHS regulations. All clearance testing will be conducted by a State of Michigan certified lead inspector or lead risk assessor. A visual inspection will be performed to determine if deteriorated painted surfaces and/or visible amounts of dust, debris or residue are still present. If present, the contractor will be called in to re-clean.
After the visual inspection and any subsequent cleaning, the certified inspector/risk assessor will conduct clearance sampling as per MDHHS regulatory specifications. Re-cleaning and re-testing will be repeated as necessary until clearance standards are met.
The clearance report will be submitted to EHS and to the lead abatement contractor. The contractor will then prepare a final Post Abatement Report, including all elements specified in the MDHHS regulation. EHS will review the report for accuracy and completeness before the project file is considered complete.
22.7 Lead Notification/Disclosure – Target Housing (not applicable to child-occupied facilities) #
General #
Before the sale or rental of pre-1978 target housing can take place, the University must provide the following information to the potential purchaser or lessee before being obligated under any contract to purchase or lease the property:
- The EPA booklet “Protect Your Family from Lead in Your Home.”
- Any and all reports and records the University has that contain information on the presence, location or condition of any known lead-based paint and/or lead-based paint hazards in any portion of the property. The University is not obligated to perform any testing, but if testing reports exist, they must be disclosed.
- A “Disclosure of Information” Form attached to the contract, which contains the following:
- “Lead Warning Statement.”
- A statement disclosing the presence of known lead-based paint or indicating no knowledge of lead-based paint.
- A statement by the purchaser or lessee affirming receipt and review of the information provided.
- Signatures of the purchaser or lessee and a University representative.
- Details on disclosure procedures for specific University of Michigan properties are maintained in the University of Michigan Lead Notification/Disclosure Program managed by EHS.
Purchaser Right to Test #
Before the sale of residential property, the University must also give the purchaser a 10-day period to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards, unless the parties mutually agree in writing to a different period of time. The purchaser may waive the risk assessment or inspection opportunity by so indicating in writing.
Building Materials Surveys #
The University is not obligated to perform residential building surveys before the sale or rental of residential property under this regulation. However, the University may choose to conduct a survey performed by a certified lead inspector and become exempt from the disclosure requirements if the building is found to be lead-based paint free as defined by MDHHS regulations. Departments interested in this option should contact EHS.
Recordkeeping #
The “Disclosure of Information” will be kept on file for three years with the University department holding the contract or closing documents. All building lead survey reports will be kept on file at EHS.
