Laws, Regulations and Annotations
Business Taxes Law Guide – Revision 2023
Occupational Lead Poisoning Prevention Fee Regulations
Title 17. Public Health
Division 1. State Department of Health Services
Chapter 11. Occupational Lead Poisoning Prevention Program
Article 1. Definitions
Regulation 38001. Definitions.
Reference: Sections 105185, 105190, 105191 and 105195, Health and Safety Code.
Authority cited: Sections 105185 and 105191, Health and Safety Code.
(a) "Altered or disturbed" means subjected to a process that may result in the release of dust, mist, fume, or other particles; such processes may include, but are not limited to, cutting, welding, grinding, polishing, machining, scraping, melting, sanding, spraying or pressure blasting.
(b) "De minimus amount" means any of the following:
(1) Lead present in materials which are altered or disturbed and have a lead concentration less than 0.5 (5000 ppm) by weight;
(2) Lead present in materials where the total weight of such materials altered or disturbed during the calendar year is known to be 16 ounces (one pound) or less by weight;
(3) Lead present in materials where no such material is altered or disturbed at any individual employee's place of employment on more than one day during the calendar year, i.e., if no employee works on more than one day during the calendar year in any location where lead-containing materials are being altered or disturbed, then the amount is de minimus.
(c) "Employee" means any individual employed for at least 160 hours in the prior calendar year, regardless of whether the individual's specific job involved potential exposure to lead or lead-containing materials.
(d) "Lead evaluation" means a review of the place of employment and the materials and processes involved in the operation of an employer's business, including but not limited to review of Material Safety Data Sheets or other manufacturer-supplied data, product labeling, or analytical testing results for presence of lead in materials of unknown composition.
(e) "Lead was not present at the place of employment" means that no amount of lead or lead-containing material was present at the place of employment or in the materials and processes used in the operation of the employer's business, with the following exceptions:
(1) Lead that was not altered or disturbed during the operation of the employer's business and was present in a form, or contained in such a manner, that it could not be inhaled or ingested (examples are undisturbed building materials, unused materials and supplies, intact lead storage batteries); or
(2) Lead present as a result of general environmental contamination which was not the result of the operation of the employer's business.
(f) "Metal work" means the machining or casting of metals or metal alloys.
(g) "Occupational Lead Poisoning Fee" means a fee pursuant to section 105190 of the Health and Safety Code which is assessed annually by the State Board of Equalization on employers with 10 or more employees in industries identified by the Department of Health Services as having documented evidence of potential occupational lead poisoning. These industries are listed by four-digit Standard Industrial Classification (SIC) Code in Section 38005.
(h) "Place of employment" means any location, not limited to a fixed site, where employees carry out work duties which are a part of a business operation.
(i) "Prior calendar year" means the time period from January 1 to December 31 of the year preceding that year in which the Occupational Lead Poisoning Fee is due.
(j) "Standard Industrial Classification (SIC) Code" means a system of four-digit numerical codes to designate the activities of a business operation, set forth by the U.S. Office of Management and Budget in the Standard Industrial Classification Manual, 1987.
History— New chapter 11 and section filed 1-15-93 as an emergency; operative 1-15-93 (Register 93, No. 3). A Certificate of Compliance must be transmitted to OAL 5-17-93 or emergency language will be repealed by operation of law on the following day.
Certificate of Compliance as to 1-15-93 order including amendment of subsections (a), (b) and (h) transmitted to OAL 4-28-93 and filed 6-10-93 (Register 93, No. 24).
Amendment of section and Note filed 5-1-97 as an emergency; operative 5-1-97 (Register 97, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-29-97 or emergency language will be repealed by operation of law on the following day.
Certificate of Compliance as to 5-1-97 order transmitted to OAL 8-8-97 and filed 9-17-97 (Register 97, No. 38).