Which standard applies, the Construction Standard (29 CFR 1926.62) or the General Industry Standard (29 CFR 1910.1025), for lead inspectors and risk assessors conducting sampling for lead-based paint during different phases of an abatement project?

The General Industry Standard for Occupational Exposure to lead does not apply to lead inspectors who are conducting lead sampling before, during or after a lead abatement project. The General Industry Standard for lead applies where there is a fixed location, such as a foundry, or a welding shop. Inspectors move from site to site, which is characteristic of construction.

The location of the inspector and the exposure potential is the key to when the Construction Standard would apply. The inspector who enters regulated areas to conduct sampling while the abatement work is in progress is “engaged in work” and is at risk of being “exposed.” They are required to be protected the same as the workers doing the removal. For instance, a lack of personal protective equipment (PPE) can be a violation of the Construction Lead Standard. The inspector is typically not in the regulated area for very long, perhaps 20 to 30 minutes, so the existing initial determination data taken from the workers can be adopted by the inspector.