194Identification of lead-risk work

194 Identification of lead-risk work

(1) An employer must identify a lead process as either—

(a) reasonably likely to cause blood lead levels of employees to exceed those set out in regulation 193; or

(b) not reasonably likely to cause blood lead levels of employees to exceed those set out in regulation 193.

(2) For the purposes of subregulation (1), the employer must take into account the following—

(a) past biological monitoring results of employees;

(b) whether the airborne lead level is more than half the lead exposure standard;

(c) the form of lead to be used;

(d) the specific tasks or processes required to be undertaken with the lead;

(e) the likely frequency and duration of exposure to lead;

(f) possible routes of exposure to lead;

(g) any information about incidents, illnesses or diseases associated with the use of lead at the workplace.

(3) For the purpose of identifying a lead process under subregulation (1), an employer must not take into account the effect of the use of personal protective equipment to control exposure to lead.

(4) If an employer is unable to identify whether or not a lead process is a lead process referred to in subregulation (1)(a) or (b), the process is to be treated as being reasonably likely to cause blood lead levels of employees to exceed those set out in regulation 193 until the employer establishes otherwise.