A public consultation on controlling lead at work – what this means for construction and manufacturing sectors

The Health and Safety Executive (“HSE”) has launched a public consultation to amend the Control of Lead at Work Regulations 2002 (“CLAW”). The consultation seeks views on exposure levels and will gather evidence in relation to monitoring the presence of lead in the air. 

Whilst perhaps a lesser-known risk than asbestos, exposure to lead-containing materials can result in long-term serious health effects. It is relevant in manufacturing and lead-use sectors but also prevalent in the construction industry for those working in or connected to areas, often affecting contract work.

We set out below the key points you need to know, and five key take-aways. 

What is CLAW?

The Control of Lead at Work Regulations 2002 place legal duties on employers to prevent or control exposure to lead where work activities could expose employees or others to lead in a form that can be inhaled, ingested, or absorbed through the skin. CLAW provides a framework in which employers should target the real risks created when lead-containing materials are disturbed. 

Why is it relevant?

Lead is a well-established toxic substance with serious health effects such as neurological damage, kidney damage, and reproductive harm. It is commonly encountered in construction and refurbishment activities. This is due to the use of lead-containing materials (such as paints, coatings, pipes, roofing materials) and the high likelihood of disturbance from associated work activities in these industries. Activities that may lead to disturbance such as demolition, repair and maintenance are likely to general lead dust or fumes, leading to inhalation and ingestion risks. 

Construction projects are often transient in nature – both in their work and the parties involved. This makes it hard to control exposure unless risks are actively assessed, monitored, and managed. Workers may also move between sites, increasing the importance of training and the proactive provision of information to prevent exposure. Further, symptoms from lead exposure develop gradually and so exposure to lead may not be evident without proper monitoring. 

What do you need to do?

1. Understand your role: Implementing effective and safe management of lead risks should be considered before any work starts. In the construction context, this will also overlap with the parties’ obligations under the Construction (Design Management) Regulations 2015 (“CDM”). The CDM Regulations will allocate responsibility for managing the hazard through the CDM roles. It is critical to understand these roles and the interface between them. For example, the Client under CDM will be required to provide pre-construction information on known or suspected lead materials. This is likely to include refurbishment and demolition surveys. The Client should also ensure that the Principal Designer and Principal Contractor appointed are capable of managing lead risks. It is crucial at this stage that risks are identified and communicated. The Principal Designer and Principal Contractor will manage the risks during pre-construction and construction phases. This will include identifying, eliminating, and reducing lead risks and minimising disturbance through design. Contractors will implement controls operationally on site.
    
2. Carry out a risk assessment: This will include carrying out a suitable and sufficient assessment of the risk to health from exposure to lead including identifying where lead is present, considering how workers might be exposed (dust, fumes, skin contact) and determining whether exposure is “significant." This should address certain specific considerations such as the hazardous properties of lead, health information, level, type and duration of exposure, consideration of high-risk activities, relevant exposure limits, existing or proposed controls, air monitoring and combined risks of lead being present alongside other potentially hazardous substances (such as asbestos).  
    
3. Prevent or control exposure: Exposure must be prevented where reasonably practicable. If this is not possible, it must be adequately controlled. This may be achieved, for example, through engineering controls, safe systems of work or the provision of appropriate protective clothing (PPE) and respiratory protective equipment (RPE). This may also include establishing appropriate hygiene and welfare controls such as washing facilities and prohibiting eating, drinking or smoking in contaminated areas. CLAW sets out exposure limits for lead in the air. Where there is potential for significant exposure, employers must monitor airborne levels and keep records of results.
    
4. Information and training: Employers must ensure that they are providing employees and others (such as contractors) with appropriate information and training on the risks from lead exposure, control measures and safe working practices and the importance of hygiene and health surveillance. You should review this from an employee perspective but also from the perspective of onboarding and managing contractor relationships.
    
5. Arrangements for if it goes wrong: Employers must have arrangements in place to deal with the accidental release of dust or fumes and uncontrolled exposure incidents. This might include emergency procedures included in risk assessments and method statements (RAMS), immediate isolation and clean-up procedures, reporting, and investigation. You should also be aware of any other obligations you may have following an exposure incident, such as reporting under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (“RIDDOR”).

If you would like to discuss lead risk management on an upcoming project, strengthening your contractor governance, or support with an HSE inspection/investigation, please contact Charlotte Whitaker or Marie Elizabeth Bailey in Burges Salmon’s Corporate Crime & Investigations team.

This article was written by Marie-Elizabeth Bailey