Specification_02_09_00_Disturbance_of_Lead.doc

SECTION 02 09 00

DISTURBANCE OF LEAD-CONTAINING MATERIALS

PART 1 - GENERAL

1.0

SUMMARY OF THE WORK

1.1

DESCRIPTION OF WORK

A. The General Contractor and all Subcontractors who work on the project shall be made aware that lead-containing paint may be present on several components located throughout each building which will be impacted by demolition activities on this project. However, lead abatement of these components shall not be required for performance of the renovation work outlined therein.

B. The General Contractor and all subcontractors shall be required to comply with all aspects of OSHA 29 CFR 1926.62 “Lead in Construction Regulations” with regards to disturbance of these materials when performing their work. It shall be the sole responsibility of each General Contractor for compliance with OSHA including all costs associated with, but not limited to:

· Development and implementation of a Lead Compliance Program.

· Development and implementation of a Respiratory Program.

· Development and implementation of a Medical Monitoring Program.

· Development and implementation of a Hazard Communication Program.

· Performance of any lead testing required on the project.

· Performance of any Negative Exposure Assessments required.

· Providing all medical examinations required.

· Providing all equipment required (Including appropriate PPE).

· Providing all engineering controls and associated work practices.

· Disposing of all demolition material in accordance with local, state and federal regulations.

· Installation of proper engineering controls to protect the building occupants and the environment.

C. The General Contractor shall be made aware that due to the age of the buildings and previous painting history, the General Contractor shall assume all paint to be lead containing and comply with this Section and OSHA Regulations accordingly.

D. OSHA Regulations apply to any level of lead detected in the paint. Therefore, any result greater than 0.0 constitutes the material to be lead-containing paint and therefore subject to compliance with this Section as well as OSHA Regulations.

E.

OSHA 29 CFR 1926.62 regulates activities that disturb the lead paint by the use of manual techniques. Regulated activities include abrasive blasting, welding, and cutting, burning on structures, manual scraping or sanding, and manual demolition of structures. The work practices described in this Section are intended to adequately protect the workers from exposure to lead containing paint (LCP), provide a safe workplace, and protect the environment. However, it shall be the General Contractors responsibility to comply with this Section as well as any other provisions/requirements outlined by OSHA and other applicable regulations.

F.

Materials and Equipment: The work of this Section, without limiting the generality thereof, includes the furnishing of labor, materials, tools, equipment, services and incidentals necessary to safely accomplish tasks which will disturb lead containing paint.

G.

Approvals and Inspections: Temporary facilities, work procedures, equipment, materials, services, and agreements must fully comply with EPA, OSHA, and NIOSH recommendations, standards and guidelines, as well as any other applicable federal, state, and local regulations. Where there exists an overlap of these regulations and guidelines, the most stringent shall apply.

H.

Disposal: The General Contractor shall dispose of demolition debris and associated materials in accordance with Part 3.6 of this Section.

1.4

DEFINITIONS

A.

Action Level: Action Level as defined by OSHA 29 CFR 1926.62 shall refer to employee exposure, without regard to the use of respirators, to an airborne concentration of lead of 30 micrograms per cubic meter of air (30 ug/m3) calculated as an 8-hour time-weighted average (TWA).

B.

Competent Person: Competent Person shall refer to a person who is capable of identifying existing and predictable lead hazards in the surroundings or working conditions and who has authorization to take prompt corrective measures to eliminate them.

C.

HEPA Filter: HEPA Filter shall refer to a filter capable of filtering out monodispersive particles of 0.3 microns or greater diameter from a body of air at 99.97 percent efficiency or greater.

D.

Lead Containing Paint (LCP): LCP shall refer to paint found to contain lead in any concentration or paint assumed to contain lead as indicated in this Section.

E. Permissible Exposure Limit (PEL): PEL shall refer to employee exposure, without regard to the use of respirators, to an airborne concentration of lead of 50 micrograms per cubic meter of air (50 ug/m3) calculated as an 8 hour time-weighted average.

F. Contractor or Subcontractor: Refers to any trade or vendor who is working on the site.

1.5

PERMITS AND INSPECTIONS

A.

Notifications/Approvals: The General Contractor shall make, in proper and timely fashion, any necessary notifications to relevant Federal, State, and local authorities and shall obtain and comply with the provisions of all permits or applications required by the work specified, as well as make all required submittals required under those auspices. The General Contractor shall indemnify the Government, their representatives and agents from, and pay for claims resulting from failure to adhere to these provisions. The costs for permits, applications, and the like, are to be assumed by the General Contractor.

B.

Fees, Permits and Licenses: The General Contractor shall pay licensing fees, royalties, and other costs necessary for the use of any copyrighted or patented product, design, invention, or processing the performance of the job specified in this Section. The General Contractor shall be solely responsible for costs, damages or losses resulting from any infringement of these patent rights or copyrights. The General Contractor shall hold the Government harmless from any costs, damages, and losses resulting from any infringement of these patent rights or copyrights. If the Specification requests the use of any product, design, invention, or process that requires a licensing fee or royalty fee for use in the performance of the job, the General Contractor shall be responsible for the fee or royalty and shall disclose the existence of such rights.

C.

General Contractor shall be responsible for costs for licensing requirements and notification requirements and other fees related to the ability to perform the work in this Section. The General Contractor shall be responsible for securing necessary permits for work under this Section, including removal, materials usage, or any other permits required to perform the specified work.

1.6

SUBMITTALS

A.

Pre-Construction Submittals: Prior to the commencement of the required work, the General Contractor shall provide the following to the Contracting Officer for approval:

· Written Lead Compliance Program in accordance with OSHA 29 CFR 1926.62

· A written description detailing the means and methods to achieve compliance with the OSHA standard as well as the provisions outlined herein.

· A written description detailing the means and methods for properly disposing of all demolition debris in accordance with local, state and federal regulations.

B.

Post-Construction Submittals: Final payment to the General Contractor shall not be made unless the following items are submitted to the Contracting Officer for approval.

· Original Copy of Waste Disposal Manifests acknowledging disposal of any hazardous and non-hazardous waste material from the project showing delivery date, quantity, and appropriate signature of landfill's authorized representative.

· Copy of Personal Air Sample Results

1.7

QUALITY CONTROL/ASSURANCE

A.

Training Requirements: Workers who will have the potential of lead exposure shall have proof of successfully completing a training course which covers the topics required by 29 CFR 1926.62. Contractors are also advised that training in other areas may be required by OSHA and are responsible to ensure that all training requirements for appropriate trades and procedures are met.

B.

Specified Supervisor Qualifications: The General Contractor shall specify an on-site Supervisor or Competent Person who is fully qualified in all aspects of safe work practices and procedures with lead containing materials, and have (or will have) completed a training course within the previous year prior to the commencement of lead related work. The lead training course will cover all topics required by 29 CFR 1926.62 as well as training in relevant federal, state and local regulatory requirements, procedures and standards (including 454 CMR 22.00), supervisory techniques, and proper disposal procedures.

C.

Site Specific Written Compliance Program: The program will be evaluated to ensure the elements required by 29 CFR 1926.62(e)(2)(ii) (A)-(I) are specific to the conditions at the job site.

D.

Respiratory Protection Program: The General Contractor must provide for review a written respiratory protection program in accordance with 29 CFR 1920.103 if respiratory protection is to be worn during this project.

E.

Fit Test Records: If respiratory protection is to be worn as part of this project, records of successful respirator fit testing performed by a qualified individual within the previous 12 months, for each employee to be used on this project with the employee's name and social security number with each record.

F.

Medical Surveillance: The General Contractor shall provide biological monitoring to workers who have the potential of lead exposure. This monitoring shall be performed in accordance with 29 CFR 1926.62. If workers are expected to exceed the action level for more than 30 days in any consecutive 12 months the General Contractor shall institute a medical surveillance program in accordance with 29 CFR 1926.62. A laboratory approved by OSHA shall conduct Blood lead level sampling and analysis.

1.8

CODES AND STANDARDS

A.

Work shall conform to the standards set by applicable federal, state and local laws, regulations, ordinances, and guidelines in such form in which they exist at the time of the work on the contract and as may be required by subsequent regulations.

B.

In addition to any detailed requirements of the Specification, the General Contractor shall at his own cost and expense comply with all laws, ordinances, rules and regulations of federal, state, regional and local authorities regarding handling and storing of lead waste material.

PART 2.0 ‑ PRODUCTS

2.1

MATERIALS AND EQUIPMENT

A.

The General Contractor shall be responsible for providing all material and protective equipment required for performance of the work. The General Contractor shall comply with all local, state and federal regulations pertaining to the selection and use of materials and equipment on this project. The General Contractor shall provide a submittal on all materials and equipment to be used for review and approval by the Contracting Officer.

PART 3.0 - EXECUTION

3.1

WORKER PROTECTION

A.

Initial Determination: The General Contractor shall determine, through personal exposure monitoring on the job site or through relevant documentation from other similar jobs, whether workers will be exposed to airborne lead at or above the OSHA Action Level and Permissible Exposure Limit. If exposures at or above the action level are documented, appropriate health and safety procedures identified herein shall be followed. If levels below the action level are documented, the General Contractor shall exercise an appropriate level of care to ensure that exposures above the action level do not occur.

Whenever there is a chance of equipment, process, control, personnel or a new task has been initiated that may result in additional employees being exposed to lead at or at or above the action level or may result in employees already exposed at or above the action level being exposed above the PEL, the General Contractor shall conduct additional monitoring.

Note:

The General Contractor shall be responsible for performing a negative exposure assessment on each trade subject to the OSHA Regulation. The assessment shall take place during routine work activities, which will simulate employees, actual exposure levels to lead. All assessments shall take place over an 8-hour time period and shall include all appropriate PPE and biological monitoring required as stated herein and as required under 29 CFR 1926.62 Regulations.

B.

Personal Hygiene Practices: Where exposures to airborne lead above the OSHA PEL occurs or may be expected to occur, the General Contractor shall enforce and follow good personal hygiene practices. These practices shall be performed until personal exposure sampling indicates that exposures are below the PEL at which time the General Contractor has the option to continue or discontinue the use of personal hygiene facilities. These practices shall l include but not be limited to the following:

1.

No eating, drinking, smoking, or applying of cosmetics in work area. The General Contractor will provide a clean space, separated from the work area, for these activities.

2.

Workers must wash upon leaving the work area. The General Contractor will provide wash facilities. This wash facility will consist of, at least, running potable water, towels, and a HEPA vacuum. Upon leaving the work area, each worker will remove and dispose of work suit, wash and dry face and hands, and vacuum clothes.

3.

Disposable clothing, such as TYVEK suits, and other personal protective equipment (PPE) must be donned prior to entering work area. A clean room will be provided for workers to put on suits and other personal protective equipment and to store their street clothes. Disposable suits shall be used once, then properly discarded.

4.

A lavatory facility must be provided and located adjacent to the work area. The eating and drinking area, clean room, and the lavatory facility must be maintained in a clean and orderly fashion at all times. The General Contractor will provide portable lavatories when needed and disinfect them daily.

5.

If air-monitoring data gathered by the General Contractor shows that employees' exposure to airborne lead exceeds 50 ug/m3, the following conditions apply:

a.

Showers must be provided. Shower water must pass through at least a 5.0 micron filter before returning to the public waste system.

b.

Workers must shower upon leaving work area.

c.

Three‑stage decontamination unit must be established consisting of an Equipment Room, Shower, and Clean Room in series.

3.2

WORK AREA SET UP

A.

Site Safety: The General Contractor is responsible for all safety at the work site. This includes, but is not limited to, electrical safety, mechanical (tool) safety, fire safety, and personnel protective safety. Safety requirements are, for the most part, common sense and sound business practice; however, the General Contractor is advised that federal, state, and local regulations exist which govern safety on the work site. Therefore, in addition to the following, the General Contractor is responsible for adhering to the most stringent requirements in effect.

B.

Signage: Prior to the preparation for work which will disturb lead containing paint, the General Contractor shall place warning signs immediately outside all entrances and exists to the area, warning that lead work is being conducted in the vicinity. The signs shall be at least 20" x 14" and read:

WARNING:

LEAD WORK AREA

POISON

NO SMOKING, EATING OR DRINKING

ALLOWED IN THE WORK AREA

The signs shall be in bold lettering with lettering not smaller than two inches tall. Should personal exposure monitoring results indicate that exposures to lead are below the Action Level, then the signs will not be required.

C.

Access to Work Areas: It will be the General Contractor's responsibility to allow only authorized personnel into the work area. Barrier tape shall be used to limit access to the exterior work area. General Contractor shall maintain a bound logbook, in which any person entering or leaving the lead work area must sign and enter the dates and times of entry and departure. Should personal exposure results indicate the exposures to lead are below the Action Level, then a logbook will not be required. The General Contractor or competent person will not allow anyone access to the work area unless they have successfully passed an approved training program, and have been fitted and wearing a properly fitted respirator.

D.

Dumpsters used to store hazardous waste shall be DOT approved, solid enclosed containers and locked and secured at all times.

E.

Building Occupants/Environment: It will be the General Contractor’s responsibility to ensure that no areas outside the limits of work become contaminated with lead dust or debris. This shall include all areas within the building currently under construction as well as any areas not affected by the work of the contract. The General Contractor shall provided adequate engineering controls (i.e. ventilation equipment) within the work areas to ensure lead dust particulate does not migrate to areas within the building not under construction. A WRITTEN PLAN OUTLINING THE PROCEDURES TO BE IMPLEMENTED BY THE GENERAL CONTRACTOR TO ACHIEVE COMPLIANCE WITH THIS PROVISION SHALL BE PROVIDED TO THE CONTRACTING OFFICER FOR REVIEW AND APPROVAL PRIOR TO THE START OF THE WORK.

3.3

WORK PROCEDURES

A.

General: These procedures detail generalities of component work procedures. Resulting bundles of "containers" of removed components and/or debris shall be carefully handled to reduce the potential of ripping, bursting or otherwise diminishing the integrity of the bundle or "container". Care must be taken so that leaded materials are neither burned, nor dusted, nor result in further exposure to workers, residents or observers. Paint chips shall be contained either in the HEPA vacuum or in approved six-mil polyethylene disposal bags.

3.4

AIR SAMPLING - CONTRACTOR

A.

Personal Exposure Monitoring: The General Contractor shall perform personal exposure sampling to monitor personal exposure levels to airborne lead. Samples shall be taken for the duration of the work shift or for eight hours, whichever is greater. Personal samples need not be taken every day after the first day if working conditions remain unchanged, but must be taken every time there is a change in the removal operation, either in terms of the location or the type of work. Sampling will be used to determine eight‑hour Time‑Weighted‑Averages (TWA). The General Contractor is responsible for personal sampling as outlined in OSHA Standard 29 CFR 1926.62.

B.

Frequency: Air monitoring frequency will be established in accordance with the requirements set forth in 29 CFR 1926.62.

3.5

CLEAN‑UP PROCEDURES

A.

When work is in progress, the work site shall be cleaned at end of each day's activities. The building shall be secured to prevent entry by any person after termination of workday. Durable equipment, such as power and hand tools, generators, and vehicles shall be cleaned monthly.

B.

Equipment shall be cleaned by HEPA vacuuming. Surfaces shall be maintained as free as practicable of accumulations of lead containing dust and debris. Clean up of lead containing dust and debris shall be accomplished with a HEPA vacuum or wet methods. The debris shall be misted with water with an airless type sprayer and collected with a mop or broom.

3.6

DISPOSAL OF WASTE MATERIAL

A.

General:

All costs associated with proper disposal of the waste materials (whether hazardous, non-hazardous or regulated) shall be borne by the General Contractor. All materials, whether hazardous, non-hazardous or regulated shall be disposed of in accordance with all laws, and the provisions of this Section and any or all other applicable federal, state county or local regulations and guidelines. It shall be the sole responsibility of the General Contractor to assure compliance with all laws and regulations relating to disposal.

B. Non-Hazardous Materials: The General Contractor shall contact the regional EPA, State and local authorities to determine disposal requirements for construction and demolition debris that contains lead paint (non-hazardous). The General Contractor shall be responsible for providing all dumpsters/containers required for collection and disposal of such material as well as disposal in an approved landfill.

C. Hazardous Waste/Regulated Materials: All materials which are determined to be hazardous waste or regulated waste for lead shall be disposed of by the General Contractor as specified herein. The General Contractor shall perform representative Toxicity Characteristic Leaching Procedure (TCLP) tests of demolition debris to ensure the material is properly profiled for disposal. This shall also include all testing required by the disposal or recycling facility. All costs associated with TCLP testing to profile the waste material shall be borne by the General Contractor. If the material is found to be hazardous waste or regulated waste, the General Contractor shall provide appropriate drums/containers for use. The General Contractor shall properly handle and transport all hazardous waste or regulated waste material into the drums/containers provided. The General Contractor shall coordinate all hazardous waste or regulated waste transfer and disposal procedures. The General Contractor shall provide the Government with all required documentation relating to the proper removal and disposal of any hazardous or regulated waste that leaves the site.

D. Recyclable Materials (Non-Hazardous): The General Contractor shall note that any demolition material deemed to be recyclable by the General Contractor may contain lead, which could result in the recycling facility rejecting acceptance regardless of the TCLP) result. The General Contractor is hereby notified of this fact and shall bear all responsibilities and costs associated with acceptance and/or rejection of such materials in a C&D landfill, waste disposal facility and/or a recycling facility under their Base Bid.

E.

The following materials are considered Hazardous Waste (Lead) if they are generated in a form by themselves and shall be disposed of as such:

a.

Paint chip and paint chip debris

F.

All other waste streams (i.e. demolition debris) shall be properly tested and profiled and disposed of by the General Contractor as part of the Base Bid. No waste material shall leave the site unless it has been properly identified and approved for such shipment by the Contracting Officer.

G.

The General Contractor shall be responsible for proper disposal of all materials outlined herein. This also shall include all testing required to properly profile each material as well as any testing required by the final disposal site facility. All costs associated with testing and disposal of the material whether non-hazardous, hazardous or regulated waste material shall be borne by the General Contractor. In addition, all costs associated with worker protection or environmental protection requirements for such work shall be the responsibility of the General Contractor.

END OF SECTION