Lead Paint Removal >> Removing Lead Paint From A Commercial Building

In cases where the examining physician determines that chelation is appropriate, you must be notified in writing of this fact before such treatment. This will inform you of a potentially harmful treatment, and allow you to obtain a second opinion. IX. Medical Removal Protection—subsection (k) Excessive lead absorption subjects you to Removing Lead Paint From A Commercial Building increased risk of disease. 

Medical removal protection (MRP) is a means of protecting you when, for whatever reasons, other methods, Removing Lead Paint From A Commercial Building such as engineering controls, work practices, and respirators, have failed to provide the protection you need. MRP involves the temporary removal of a worker from his or her regular job to a place of significantly lower exposure without any loss of earnings, seniority, or other employment rights or benefits. 

The purpose of this program is to cease further lead absorption and allow your body to naturally excrete lead which has previously been absorbed. Temporary medical removal can result from an elevated blood lead level, Removing Lead Paint From A Commercial Building or a medical opinion. For up to 18 months, or for as long as the job the employee was removed from lasts, protection is provided as a result of either form of removal. 

The vast majority of removed workers, however, Removing Lead Paint From A Commercial Building will return to their former jobs long before this eighteen month period expires. You may also be removed from exposure even if your blood lead level is below 50 µg/dl if a final medical determination indicates that you temporarily need reduced lead exposure for medical reasons.

If the physician who is implementing your employer’s medical program makes a final written opinion recommending your removal or other special protective measures, your employer must implement the physician's recommendation. If you are removed in this manner, Removing Lead Paint From A Commercial Building you may only be returned when the doctor indicates that it is safe for you to do so. 

The standard does not give specific instructions dealing with what an employer must do with a removed worker. Your job assignment upon removal is a matter for you, Removing Lead Paint From A Commercial Building your employer and your union (if any) to work out consistent with existing procedures for job assignments. Each removal must be accomplished in a manner consistent with existing collective bargaining relationships. 

Your employer is given broad discretion to implement temporary removals so long as no attempt is made to override existing agreements. Similarly, a removed worker is provided no right to veto an employer's choice which satisfies the standard. In most cases, Removing Lead Paint From A Commercial Building employers will likely transfer removed employees to other jobs with sufficiently low lead exposure. 

Alternatively, a worker's hours may be reduced so that the time weighted average exposure is reduced, or he or she may be temporarily laid off if no other alternative is feasible. In all of these situations, MRP benefits must be provided during the period of removal; i.e., Removing Lead Paint From A Commercial Building you continue to receive the same earnings, seniority, and other rights and benefits you would have had if you had not been removed. 

Earnings includes more than just your base wage; it includes overtime, shift differentials, incentives, and Removing Lead Paint From A Commercial Building other compensation you would have earned if you had not been removed. During the period of removal you must also be provided with appropriate follow-up medical surveillance. If you were removed because your blood lead level was too high, you must be provided with a monthly blood test.

If a medical opinion caused your removal, you must be provided medical tests or examinations that the doctor believes to be appropriate. If you do not participate in this follow-up medical surveillance, Removing Lead Paint From A Commercial Building you may lose your eligibility for MRP benefits. When you are medically eligible to return to your former job, your employer must return you to your "former job status." 

This means that you are entitled to the position, wages, benefits, etc., you would have had if you had not been removed.If you would still be in your old job if no removal had occurred that is where you go back. If not, Removing Lead Paint From A Commercial Building you are returned consistent with whatever job assignment discretion your employer would have had if no removal had occurred. 

MRP only seeks to maintain your rights, not expand them or diminish them. If you are removed under MRP and you are also eligible for worker compensation or Removing Lead Paint From A Commercial Building other compensation for lost wages, your employer's MRP benefits obligation is reduced by the amount that you actually receive from these other sources. 

This is also true if you obtain other employment during the time you are laid off with MRP benefits. The standard also covers situations where an employer voluntarily removes a worker from exposure to lead due to the effects of lead on the employee's medical condition, Removing Lead Paint From A Commercial Building even though the standard does not require removal.

In these situations MRP benefits must still be provided as though the standard required removal. Finally, Removing Lead Paint From A Commercial Building it is important to note that in all cases where removal is required, respirators cannot be used as a substitute. Respirators may be used before removal becomes necessary, but not as an alternative to a transfer to a low-exposure job, or to a lay-off with MRP benefits. 

X. Employee Information, Training and Certification—subsection (l) Your employer is required to provide an information and Removing Lead Paint From A Commercial Building training program for all employees exposed to lead above the action level or who may suffer skin or eye irritation from lead compounds such as lead arsenate or lead azide. 

The program must train these employees regarding the specific hazards associated with their work environment, protective measures which can be taken, including the contents of any compliance plan in effect, Removing Lead Paint From A Commercial Building the danger of lead to their bodies (including their reproductive systems), and their rights under the standard. 

All employees must be trained prior to initial assignment to areas where there is a possibility of exposure over the action level. This training program must also be provided at least annually thereafter unless further exposure above the action level will not occur. The California Department of Health Services requires the certification of employees and Removing Lead Paint From A Commercial Building supervisors performing lead related construction activities in residential and public buildings, as defined in Title 17, California Code of Regulations, Division 1, Chapter 8. 

Lead related construction work is defined in Title 17 as any construction, alteration, painting, demolition, salvage, renovation,repair, or maintenance of any residential or Removing Lead Paint From A Commercial Building public building, including preparation and cleanup, that, by using or disturbing lead containing material or soil, may result in significant exposure of adults or children to lead. "

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