20190307_Narrative_Keating_4th Floor UST Office Reno2.pdf

C O L D E N C O R P O R A T I O N | 5 8 4 2 H E R I T A G E L A N D I N G D R I V E | E A S T S Y R A C U S E , N Y 1 3 0 5 7

P H O N E : 3 1 5 . 4 4 5 . 0 8 4 7 | F A X : 3 1 5 . 4 4 5 . 0 9 5 1

W W W . C O L D E N . C O M

March 1, 2019

Mr. Daniel B. Heukrath, AIA, LEED AP, CEFPI, NCARB N.K. Bhandari Architecture & Engineering, P.C.

1005 West Fayette Street, Suite 4A Syracuse, NY 13204

Re: Asbestos and Lead Sampling Kenneth B. Keating Federal Building Pre-Renovation Survey Colden Project No. 18169

Dear Mr. Heukrath:

This letter and attachments will serve as our final report for the referenced project.

1.0 Introduction

Colden Corporation was retained by N.K. Bhandari to conduct pre-renovation asbestos and lead based-paint sampling at the Kenneth B. Keating Federal Building at 100 State Street located in Rochester, New York. The areas surveyed were selected by N.K. Bhandari. Specifically the 4th, 5th and 6th floor areas were surveyed. Materials to be sampled were identified by Colden Corporation. Specifically, the sampling was conducted on the 4th floor.

Prior to visiting the site, Colden reviewed a previous asbestos survey conducted by Classic Environmental in 2015. Data that could be field verified was used in the present survey.

Joseph Cantone, CSP, an Industrial Hygienist with Colden, conducted the survey on February 14, 2019. A copy of his New York State Department of Labor (NYSDOL) asbestos inspector certificate and Colden’s NYSDOL asbestos license are provided in Attachment A.

2.0 Analytical Methods

Asbestos samples were submitted to and analyzed by AmeriSci Laboratories of New York, New York. The laboratory is certified for bulk asbestos analysis by the New York State Department of Health (NYSDOH) under the Environmental Laboratory Approval Program (ELAP). The Laboratory’s ELAP number is 11480. Friable bulk samples were analyzed for asbestos content using polarized light microscopy (PLM) in accordance with ELAP PLM Analysis Protocol http://www.colden.com/

Mr. Dan Heukrath NK Bhandari

Keating Federal Building

198.1. Non-friable asbestos samples were analyzed by PLM and by transmission electron microscopy (TEM) in accordance with ELAP PLM/TEM Analysis Protocol 198.6/198.4.

Galson Laboratories of East Syracuse, New York analyzed the paint chip samples for total lead content in accordance with the Occupational Safety and Health Administration’s (OSHA) Analytical Method OSHA ID-125G and EPA Analytical Method SW-846 6010C. The Laboratory is certified by the NYSDOH (ELAP Number 11626) and is accredited by the AIHA (Laboratory ID Number 100324).

3.0 Results and Discussion

Sampling results are summarized and discussed in the following sections. A copy of the laboratory reports are provided in Attachment B.

3.1 Asbestos Sampling Results

Asbestos sampling results are summarized in Table 1. Material conditions were listed as good, damaged, or significantly damaged in accordance with the U.S. Environmental Protection Agency (EPA) definitions noted below.

• Good – Material with no visible damage, or showing only very limited damage.

• Damaged – Less than one-tenth of the material is damaged if the damage is evenly distributed, or one-quarter of the material is damaged and the damage is localized.

• Significantly Damaged – One-tenth or more of the material is damaged if the damage is evenly distributed or one-quarter or more of the material is damaged and the damage is localized.

The EPA and the NYSDOL define Asbestos Containing Materials (ACM) as materials that contain greater than 1 percent asbestos.

Table 1 Summary of Asbestos Bulk Sampling Results

Sample No. Sample Location Material

Description NOB Condition Lab Result (percent asbestos)

18919-1A Room 4240B- floor

Yellow carpet mastic NA

NA No asbestos detected

18919-1B Room 4230- floor NA No asbestos detected

Sample No. Sample Location Material

Description NOB Condition Lab Result (percent asbestos)

18919-2A Room 4230E- corner of room

Joint compound NA NA No asbestos detected

18919-2B Room 4240A- corner of room NA No asbestos detected Bold- indicates an asbestos containing material (ACM) NOB- non-friable organically bound NA- not applicable

As indicated in Table 1, none of the materials sampled contain asbestos. The NYSDOL and the EPA define an asbestos containing material (ACM) as any material that contains greater than 1 percent asbestos.

Note: The survey confirmed that that ACM floor tile and mastic identified in the Classic Environmental survey in 2015 is present on the 4th, 5th and 6th floor. However, the floor tiles and mastic and no longer present in the 4230-4240 area surveyed on the 4th floor. The ACM floor tiles and mastic on the 5th and 6th floor are present under the carpet and new gray floor tile. The new gray floor tile is a non-ACM. The following are the floor tiles and mastic identified as ACMs:

• 1’x1’ floor tiles- brown and associated mastic

• 1’x1’ floor tiles- light green and associated mastic

• 9”x9” floor tiles- green and associated mastic

• Mastic under 1’x1’floor tiles- white

• Mastic under 1”x1’ floor tiles- gray

3.2 Lead-Based Paint Sampling Results

The lead sampling results are summarized in Table 2.

Table 2. Summary of Lead-Based Paint Sampling Results

Sample No. Sample Location Material

Description Condition Lab Result* (ppm)

Lab Result (percent)

18919- Pb-1 Room 4230- wall White paint Good <24 <0.0024

18919- Pb-2

Room 4240A door frame Brown paint Good <23 <0.0023

18919- Pb-3

Room 4180A-metal partition wall Blue/Gray Paint Good 63 0.0063

* Results have been converted from milligrams per kilogram to parts per million (ppm)

As indicated in Table 2, lead was detected in the paint found on the metal partitions in Room 4180A.

The lead levels in the paints sampled do not exceed 0.5 percent. Therefore, the EPA and the Department of Housing and Urban Development’s (HUD) definition of lead-based paint (paints containing lead in concentrations of 0.5 percent or greater) does not apply.

Employees must be protected from lead exposure in accordance with the OSHA Lead in Construction Standard, 29 CFR 1926.62. Copies of letters of interpretations issued by OSHA on bulk paint sampling are provided in Attachment D. Please note the following:

• OSHA does not recognize the EPA and the HUD definition of lead-based paint (paints containing lead in concentrations of 0.5 percent or greater). In a 1999 standard interpretation, OSHA states:

“The lead-in-construction standard was intended to apply to any detectable concentration of lead in paint, as even small concentrations of lead can result in unacceptable employee exposures depending upon the method of removal and other work place conditions. Since these conditions can vary greatly, the lead-in-construction standard was written to require monitoring or the use of historical or objective data to ensure that employee exposures do not exceed the action level.”

• In a 2003 standard interpretation regarding the use of Lead Check or Lead Alert Test Kits, OSHA states: “OSHA does not consider any method that relies solely on the analysis of bulk materials or surface content of lead to be acceptable for safely predicting employee exposure to airborne contaminants.”

If you have any questions or need additional information, please contact me at (315) 445-0847.

Sincerely, Colden Corporation

Joseph Cantone, CSP Project Manager

Attachment A: NYSDOL License and Certification Attachment B: Laboratory Reports Attachment C: Diagrams Attachment D: Letters of Interpretation

ATTACHMENT A

NYSDOL Certifications and License

C O L D E N C O R P O R A T I O N | 5 8 4 2 H E R I T A G E L A N D I N G D R I V E | E A S T S Y R A C U S E , N Y 1 3 0 5 7

NEW YORK STATE DEPT. OF LABOR HANDLING CERTIFICATE

CLASS C- AIR SAMPLING TECH

CLASS D- INSPECTOR

CLASS H- PROJECT MONITOR

CLASS I- PROJECT DESIGNER

(DOSH442)

C O L D E N C O R P O R A T I O N | 5 8 4 2 H E R I T A G E L A N D I N G D R I V E | E A S T S Y R A C U S E , N Y 1 3 0 5 7

NEW YORK STATE DEPT. OF LABOR HANDLING LICENSE

ATTACHMENT B

Lab Reports

Mr. Joseph Cantone February 25, 2019 Colden Corporation 5842 Heritage Landing Dr.

East Syracuse, NY 13057

Account# 13111 Login# L471259

Dear Mr. Cantone:

Enclosed are the analytical results for the samples received by our laboratory on February 18, 2019.

All samples on the chain of custody were received in good condition unless otherwise noted. When possible, non-IOM samples will be retained for 14 days following the date of this report (unless an extension is specifically requested). IOM samples are retained for 7 days.

Please contact client services at (888) 432-5227 if you would like any additional information regarding this report. Thank you for using SGS Galson.

Sincerely, SGS Galson

[qcsig]

Lisa Swab Laboratory Director

Enclosure(s)

Page 1 of 5 Report Reference:1 Generated:25-FEB-19 22:38

ANALYTICAL REPORT

Terms and Conditions & General Disclaimers

• This document is issued by the Company under its General Conditions of Service accessible at http://www.sgs.com/en/Terms-and- Conditions.aspx. Attention is drawn to the limitation of liability, indemnification and jurisdiction issues defined therein.

• Any holder of this document is advised that information contained herein reflects the Company’s findings at the time of its intervention only and within the limits of Client’s instructions, if any. The Company’s sole responsibility is to its Client and this document does not exonerate parties to a transaction from exercising all their rights and obligations under the transaction documents. Any unauthorized alteration, forgery or falsification of the content or appearance of this document is unlawful and offenders may be prosecuted to the fullest extent of the law.

Analytical Disclaimers

• Unless otherwise noted within the report, all quality control results associated with the samples were within established control limits or did not impact reported results.

• Note: The findings recorded within this report were drawn from analysis of the sample(s) provided to the laboratory by the Client (or a third party acting at the Client’s direction). The laboratory does not have control over the sampling process, including but not limited to the use of field equipment and collection media, as well as the sampling duration, collection volume or any other collection parameter used by the Client. The findings herein constitute no warranty of the sample's representativeness of any sampled environment, and strictly relate to the samples as they were presented to the laboratory. For recommended sampling collection parameters, please refer to the Sampling and Analysis Guide at www.sgsgalson.com.

• Unrounded results are carried through the calculations that yield the final result and the final result is rounded to the number of significant figures appropriate to the accuracy of the analytical method. Please note that results appearing in the columns preceding the final result column may have been rounded and therefore, if carried through the calculations, may not yield an identical final result to the one reported.

• The stated LOQs for each analyte represent the demonstrated LOQ concentrations prior to correction for desorption efficiency (if applicable).

• Unless otherwise noted within the report, results have not been blank corrected for any field blank or method blank data.

Accreditations SGS Galson holds a variety of accreditations and recognitions. Our quality management system conforms with the requirements of ISO/IEC 17025. Where applicable, samples may also be analyzed in accordance with the requirements of ELAP, NELAC, or LELAP under one of the state accrediting bodies listed below. Current Scopes of Accreditation can be viewed at http://www.sgsgalson.com in the accreditations section of the "About" page. To determine if the analyte tested falls under our scope of accreditation, please visit our website or call Client Services at (888) 432-5227.

National/International Accreditation/Recognition Lab ID# Program/Sector

AIHA-LAP, LLC - IHLAP, ELLAP, EMLAP ISO/IEC 17025 and USEPA NLLAP Lab ID 100324 Industrial Hygiene, Environmental Lead, Environmental Microbiology

State Accreditation/Recognition Lab ID# Program/Sector

New York (NYSDOH) ELAP and NELAC (TNI) Lab ID: 11626 Air Analysis, Solid and Hazardous Waste

New Jersey (NJDEP) NELAC (TNI) Lab ID: NY024 Air Analysis

Louisiana (LDEQ) LELAP Lab ID: 04083 Air Analysis, Solid Chemical Materials

Texas Texas Dept. of Licensing and Regulation

Lab ID: 1042 Mold Analysis Laboratory license

Legend

< - Less than mg - Milligrams MDL - Method Detection Limit ppb - Parts per Billion > - Greater than ug - Micrograms NA - Not Applicable ppm - Parts per Million l - Liters m3 - Cubic Meters NS - Not Specified ppbv - ppb Volume LOQ - Limit of Quantitation ft2 - Square Feet kg - Kilograms cm2 - Square Centimeters

ND - Not Detected in2 - Square Inches ppmv - ppm Volume ng - Nanograms

Account :

Login No. :

13111 L471259

Page 2 of 5 Report Reference:1 Generated:25-FEB-19 22:38 http://www.sgs.com/en/Terms-and-Conditions.aspx http://www.sgs.com/en/Terms-and-Conditions.aspx http://www.sgsgalson.com/ http://www.sgsgalson.com/

LABORATORY ANALYSIS REPORT

Client : Colden Corporation Account No.: 13111 6601 Kirkville Road Site : Keating Building Login No. : L471259 East Syracuse, NY 13057 Project No. : 18919JRC

(315) 432-5227 Date Sampled : 14-FEB-19 Date Analyzed : 19-FEB-19 FAX: (315) 437-0571 Date Received : 18-FEB-19 Report ID : 1118449 www.sgsgalson.com

Lead

Weight Total Conc Percent Sample ID Lab ID g ug mg/kg %

18919-PB-01 L471259-1 0.11 <2.5 <24 <0.0024

18919-PB-02 L471259-2 0.12 <2.5 <21 <0.0021

18919-PB-03 L471259-3 0.13 8.0 63 0.0063

COMMENTS: Please see attached lab footnote report for any applicable footnotes.

Level of Quantitation: 20. mg/kg Submitted by: JMR Approved by: JJL Analytical Method : mod. SW846 3050B/ 6010C/ OSHA 125G ICP Date : 25-FEB-19 Collection Media : Paint Supervisor : KEG QC by : JJL

Page 3 of 5 Report Reference:1 Generated:25-FEB-19 22:38

LABORATORY FOOTNOTE REPORT

Client Name : Colden Corporation Site : Keating Building Project No. : 18919JRC

6601 Kirkville Road East Syracuse, NY 13057 Date Sampled : 14-FEB-19 Account No.: 13111

(315) 432-5227 Date Received: 18-FEB-19 Login No. : L471259 FAX: (315) 437-0571 Date Analyzed: 19-FEB-19 www.sgsgalson.com

L471259 (Report ID: 1118449):

Reported results reflect elemental analysis of the requested metals. Certain compounds may not be solubilized during digestion, resulting in data that is biased low.

SOPs: MT-SOP-27(3), MT-SOP-5(26) Level of quantitation varies with actual sample mass used for preparation.

Samples are digested and analyzed as received unless specified otherwise.

L471259 (Report ID: 1118449):

Accuracy and mean recovery data presented below is based on a 95% confidence interval (k=2). The estimated accuracy applies to the media, technology, and SOP referenced in this report and does not account for the uncertainty associated with the sampling process.

The accuracy is based solely on spike recovery data from internal quality control samples. Where N/A appears below, insufficient data is available to provide statistical accuracy and mean recovery values for the associated analyte.

Parameter Accuracy Mean Recovery

Lead +/-9% 94.3%

Page 4 of 5 Report Reference:1 Generated:25-FEB-19 22:38

Page 5 of 5 Report Reference:1 Generated:25-FEB-19 22:38

ATTACHMENT C

ACM Location Diagrams

ATTACHMENT D

OSHA Letters of Interpretation

03/01/1999 - Using X-ray fluorescence for analysis of lead in paint and applicability of other agencies lead levels.

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=22701[5/1/2013 12:18:00 PM]

Newsletter RSS Feeds Print This Page Text Size

What's New | Offices

Standard Interpretations - Table of Contents

• Standard Number: 1926.62; 1926.62(d); 1962(d)(2) ; 1926.62(d)(2)(i)(A)

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.

March 1, 1999

Mr. Hsin H. Chou Project Manager Panacea Environmental Services 7699 9th Street, Suite 102 Buena Park, California 90621

Dear Mr. Chou:

Thank you for your letter of April 22, 1998, regarding the concentration of lead in paint which triggers the lead-in-construction standard, 29 CFR 1926.62. We regret this delay in responding.

The lead-in-construction standard was intended to apply to any detectable concentration of lead in paint, as even small concentrations of lead can result in unacceptable employee exposures depending upon on the method of removal and other workplace conditions. Since these conditions can vary greatly, the lead-in-construction standard was written to require exposure monitoring or the use of historical or objective data to ensure that employee exposures do not exceed the action level. Historical data may be applied to all construction tasks involving lead. Objective data was intended to apply to all tasks other than those listed under paragraph 1926.62(d)(2) of the standard.

OSHA does not consider X-ray fluorescence (XRF) to be an acceptable method of analysis. As stated in your letter, XRF analyzers are generally considered accurate when concentrations of lead in paint exceed 1 mg/cm2. For the purposes of occupational health, these levels are considered substantial and may easily present an exposure hazard. Without having conducted monitoring, or without the benefit of historical or objective data, the employer has no assurance of the employee's exposure.

Other regulatory agencies, such as Housing and Urban Development, the Environmental Protection Agency, and the Consumer Products Safety Commission (CPSC) have designated levels of lead in paint, below which they consider the paint to be non-lead containing. The missions of these agencies differ from OSHA's, and for that reason, OSHA cannot recognize these levels as safe under workplace situations.

OSHA has recognized, however, that for certain workplace conditions, application of objective data to certain tasks listed in paragraph 1926.62(d)(2)(i)(A) may be warranted (specifically, power tool cleaning with dust collection systems, manual demolition of structures, manual scraping, and manual sanding). For these applications only, we have adopted the CPSC threshold under a very limited set of conditions.

Specifically, when a paint contains trace amounts of lead (e.g., 0.06% and below, as defined by the Consumer Products Safety Commission as non-lead containing, 16 CFR 1303), the employer may determine the concentration of lead in the air (i.e., employee exposure) by multiplying the total airborne concentration of dust times the percentage of lead in the paint. For example, if the concentration of total dust is 15 mg/m3 and the concentration of lead in paint is 0.06%, the airborne lead level will be (0.06%) x (15 mg/mm3) x (1000 µg/mg) = 9 µg/m3. Consequently, the airborne concentration of dust would have to be 50 mg/m3 before the action level of 30 µg/m3 would be reached. Arithmetically, this would read, (50 mg/m3 airborne paint) x (0.06% lead) x (1000 µg/mg) = 30 µg/m3 airborne lead.

OSHA wants to stress that this does not set 0.06% as a lower threshold for the concentration of lead in paint which would exempt the employer from the requirements of the standard. The employer must still follow all requirements of the standard and conduct an exposure assessment for the tasks involving lead. Additionally, we are not stating that the Consumer Products Safety Commission level is a "safe" concentration of lead in paint, since all tasks listed under 1926.62(d)(2) frequently entail exposures above the action level, even at extremely low concentrations of lead. We are simply stating that the application of objective data may be applied to the above-specified tasks in paragraph 1926.62(d)(2)(i)(A), under the conditions stated herein. As these are less aggressive, dust-generating methods of removal, this type of objective data may reasonably be applied.

We trust that this satisfactorily answers your concerns. If we may be of further assistance, please don't hesitate to contact the [Office of Health Enforcement] on 202-693-2190.

A to Z Index | En español | Contact Us | FAQs | About OSHA

OSHA Was this page helpful?

Home Workers Regulations Enforcement Data & Statistics Training Publications Newsroom Small Business http://www.osha.gov/as/opa/quicktakes/index.html http://www.osha.gov/rss/index.html javascript:window.print() http://www.osha.gov/whatsnew.html http://www.osha.gov/html/RAmap.html http://www.osha.gov/ http://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=INTERPRETATIONS&p_toc_level=0&p_keyvalue=&p_status=CURRENT http://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=INTERPRETATIONS&p_toc_level=0&p_keyvalue=&p_status=CURRENT http://www.osha.gov/pls/oshaweb/owalink.query_links?src_doc_type=INTERPRETATIONS&src_unique_file=I19990301A&src_anchor_name=1926.62 http://www.osha.gov/pls/oshaweb/owalink.query_links?src_doc_type=INTERPRETATIONS&src_unique_file=I19990301A&src_anchor_name=1926.62(d) http://www.osha.gov/pls/oshaweb/owalink.query_links?src_doc_type=INTERPRETATIONS&src_unique_file=I19990301A&src_anchor_name=1926.62(d)(2)(i)(A) http://www.osha.gov/index.html http://www.dol.gov/ http://www.osha.gov/html/a-z-index.html http://www.osha.gov/as/opa/spanish/index.html http://www.osha.gov/html/Feed_Back.html http://www.osha.gov/OSHA_FAQs.html http://www.osha.gov/about.html http://www.osha.gov/index.html http://www.osha.gov/as/opa/quicktakes/index.html http://www.osha.gov/rss/index.html javascript:window.print() javascript:void(0) http://www.osha.gov/index.html http://www.osha.gov/workers.html http://www.osha.gov/law-regs.html http://www.osha.gov/dep/index.html http://www.osha.gov/oshstats/index.html http://www.osha.gov/dte/index.html http://www.osha.gov/pls/publications/publication.html http://www.osha.gov/briefing.html http://www.osha.gov/dcsp/smallbusiness/index.html

03/01/1999 - Using X-ray fluorescence for analysis of lead in paint and applicability of other agencies lead levels.

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=22701[5/1/2013 12:18:00 PM]

Freedom of Information Act | Privacy & Security Statement | Disclaimers | Important Web Site Notices | International | Contact Us

U.S. Department of Labor | Occupational Safety & Health Administration | 200 Constitution Ave., NW, Washington, DC 20210 Telephone: 800-321-OSHA (6742) | TTY: 877-889-5627 www.OSHA.gov

Sincerely, Richard E. Fairfax Director Directorate of Compliance Programs

[Corrected 9/24/2008]

Standard Interpretations - Table of Contents http://www.osha.gov/as/opa/foia/foia.html http://www.dol.gov/dol/privacynotice.htm http://www.dol.gov/dol/disclaim.htm http://www.dol.gov/dol/aboutdol/website-policies.htm http://www.osha.gov/international/index.html http://www.osha.gov/html/Feed_Back.html http://www.osha.gov/ http://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=INTERPRETATIONS&p_toc_level=0&p_keyvalue=&p_status=CURRENT http://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=INTERPRETATIONS&p_toc_level=0&p_keyvalue=&p_status=CURRENT

07/18/2003 - Acceptability of rhodizonate-based spot test kits for determining the presence or absence of lead in paint coatings.

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=24601[5/1/2013 12:20:33 PM]

Newsletter RSS Feeds Print This Page Text Size

What's New | Offices

Standard Interpretations - Table of Contents

• Standard Number: 1910.1025; 1926.62

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.

July 18, 2003

Mr. Charles Hyder, CIH 28 Bartlett Drive Schwenksville, PA 19473

Dear Mr. Hyder, This is in response to your letter of March 4, 2003, to Mr. Richard Fairfax, Director of Enforcement Programs for the Occupational Safety and Health Administration (OSHA). You asked about the acceptability of rhodizonate-based spot test kits for determining the presence or absence of lead in paint coatings. Your letter was forwarded to the Directorate of Science, Technology and Medicine for response. You wanted to know, specifically, whether a negative finding, obtained using either the Lead Check or Lead Alert test kits, would be sufficient to conclude that lead was not present for the purpose of complying with OSHA's Lead Standards, 29 CFR 1910.1025 and/or 29 CFR 1926.62.

OSHA's mission is to provide a safe and healthful working environment for American workers. To accomplish this task in the area of occupational exposure to lead, we require the employer to perform an initial determination which requires the employer to monitor workers' exposure unless the employer has objective or historical data that can reliably demonstrate that no employee will be exposed to lead at or above the action level. OSHA's does not consider any method that relies solely on the analysis of bulk materials or surface content of lead to be acceptable for safely predicting employee exposure to airborne contaminants. Without air monitoring results or without the benefit of historical or objective data (including air sampling which clearly demonstrates that the employee cannot be exposed at or above the action level during any process, operation, or activity), as required by 29 CFR 1910.1025 or 29 CFR 1926.62, the employer cannot rule out the possibility of excess worker exposure to airborne lead.

I trust that this satisfactorily answers your concerns. If we may be of further assistance, please don't hesitate to contact [the Office of Science and Technology Assessment at (202) 693-2095].

Sincerely, Ruth McCully Director Directorate of Science, Technology and Medicine

March 4, 2003

To: Mr. Richard Fairfax, Director Directorate of Compliance Programs U.S. Department of Labor Occupational Safety & Health Administration 200 Constitution Avenue Washington, D.C. 20210

From: Charles Hyder, CIH 28 Bartlett Drive Schwenksville, PA 19473

Dear Mr. Fairfax, Is the use of Rodizonate-based spot test kit acceptable for determining the presence or absence of lead in a paint coating in order to comply with 29 CFR 1926.62? In 1994 the OSHA Technical Center evaluated two commercially available kits:

A to Z Index | En español | Contact Us | FAQs | About OSHA

OSHA Was this page helpful?

Home Workers Regulations Enforcement Data & Statistics Training Publications Newsroom Small Business http://www.osha.gov/as/opa/quicktakes/index.html http://www.osha.gov/rss/index.html javascript:window.print() http://www.osha.gov/whatsnew.html http://www.osha.gov/html/RAmap.html http://www.osha.gov/ http://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=INTERPRETATIONS&p_toc_level=0&p_keyvalue=&p_status=CURRENT http://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=INTERPRETATIONS&p_toc_level=0&p_keyvalue=&p_status=CURRENT http://www.osha.gov/pls/oshaweb/owalink.query_links?src_doc_type=INTERPRETATIONS&src_unique_file=I20030718&src_anchor_name=1910.1025 http://www.osha.gov/pls/oshaweb/owalink.query_links?src_doc_type=INTERPRETATIONS&src_unique_file=I20030718&src_anchor_name=1926.62 http://www.osha.gov/index.html http://www.dol.gov/ http://www.osha.gov/html/a-z-index.html http://www.osha.gov/as/opa/spanish/index.html http://www.osha.gov/html/Feed_Back.html http://www.osha.gov/OSHA_FAQs.html http://www.osha.gov/about.html http://www.osha.gov/index.html http://www.osha.gov/as/opa/quicktakes/index.html http://www.osha.gov/rss/index.html javascript:window.print() javascript:void(0) http://www.osha.gov/index.html http://www.osha.gov/workers.html http://www.osha.gov/law-regs.html http://www.osha.gov/dep/index.html http://www.osha.gov/oshstats/index.html http://www.osha.gov/dte/index.html http://www.osha.gov/pls/publications/publication.html http://www.osha.gov/briefing.html http://www.osha.gov/dcsp/smallbusiness/index.html

07/18/2003 - Acceptability of rhodizonate-based spot test kits for determining the presence or absence of lead in paint coatings.

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=24601[5/1/2013 12:20:33 PM]

Freedom of Information Act | Privacy & Security Statement | Disclaimers | Important Web Site Notices | International | Contact Us

U.S. Department of Labor | Occupational Safety & Health Administration | 200 Constitution Ave., NW, Washington, DC 20210 Telephone: 800-321-OSHA (6742) | TTY: 877-889-5627 www.OSHA.gov

LEAD CHECK ™ Test Kit (HybriVet System, Inc.)

LEAD ALERT ™ All In One ™ Professional Kit (Sensidyne)

If either of these kits (or an equivalent) are used and a negative finding for lead is made, will this be sufficient to produce a determination that lead is not present for the purpose of complying with the Standard?

Regards, Charles Hyder, CIH

Standard Interpretations - Table of Contents http://www.osha.gov/as/opa/foia/foia.html http://www.dol.gov/dol/privacynotice.htm http://www.dol.gov/dol/disclaim.htm http://www.dol.gov/dol/aboutdol/website-policies.htm http://www.osha.gov/international/index.html http://www.osha.gov/html/Feed_Back.html http://www.osha.gov/ http://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=INTERPRETATIONS&p_toc_level=0&p_keyvalue=&p_status=CURRENT http://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=INTERPRETATIONS&p_toc_level=0&p_keyvalue=&p_status=CURRENT