What is The Control of Lead at Work Regulations 2002?

The Control of Lead at Work Regulations (CLAW) outline an employer’s duty to prevent, or in instances where this is not reasonably practicable, to control employee exposure to lead.

• Why is The Control of Lead at Work Regulations 2002 (CLAW) important?
• What are the exposure limits set out in CLAW?
• Employer responsibilities under The Control of Lead at Work Regulations 2002
• Get expert Health & Safety support from Croner

Why is The Control of Lead at Work Regulations 2002 (CLAW) important?

Lead has long been known to be a toxic substance, with the dangers documented as early as the 17th century. Despite this lead has only recently been phased out of use in industries such as construction (lead water pipes etc). As recently as 2021 updated government guidelines define lead as hazardous with no safe level of exposure. Just some of the harmful effects of lead include neurological damage, kidney damage, and reproductive harm.

Due to its many previous uses lead is commonly encountered in the construction industry particularly items such as water pipes, roofing materials and paintwork. The nature of the construction industry means that lead may be disturbed, especially during jobs that require demolition and heavy maintenance. This is likely to produce fumes and dust as a bi-product, leading to the risk of inhalation and possible ingestion.

It is vital that exposure risks are actively assessed and monitored, and that proper management of said risks is implemented. Accurate training and information should be provided for all workers at risk of exposure, and preventative measures put in place. Certain symptoms of lead exposure may develop gradually, so these might go unnoticed unless proper monitoring is implemented.

What are the exposure limits set out in CLAW?

• The occupational exposure limit for lead in air is 0.15 mg/m3.
• Blood lead suspension levels (Both males and females) is 60 and 30ug/dl. 
• Young workers (under 18) blood lead suspension limit is 50 μg/dl. 

However, even at levels lower than those outline in the regulations, there have been effects on health that have been documented, indicating that there is a risk to employee health with blood lead suspension levels of 40ug/dl. These include

• Changes to bloodwork with a probable lead to anaemia.
• Effects on the nervous system.
• Effects on the kidneys. 
• Altered testicular functioning, with probable lead to infertility.

Even at blood suspension levels as low as 30ug/dl, there have been reports of elevated blood pressure in middle-aged males. 

Employer responsibilities under The Control of Lead at Work Regulations 2002

As an employer it is down to you to understand your responsibilities under CLAW.

Implementation of effective and safe management relating to lead risks

This should be considered before work even start, identifying where there are lead risks and where possible eliminating them. Where this is not possible, then minimising the disturbance of lead should be considered as a secondary initiative.

Under construction regulations, namely the Construction (Design Management) Regulations 2015, there may be overlap with parties' obligations, as this set of regulations allocate responsibility of managing lead hazards through CDM roles.

Under CDM the client is required to provide pre-construction information on any known or suspected lead materials. The Client also has a responsibility to ensure that the Principal Designer and Principal Contractor are capable of the management of lead risks. The risks at this stage should be identified and communicated and the Principal Designer should take responsibility for managing the risk during both the pre-construction and construction phases.

Contractors are responsible for the implementation of controls on site.

Conducting a risk assessment

There are several criteria that employers must meet when carrying out a risk assessment regarding possible exposure to lead. This includes the identification of lead and the locations where lead is present, the various methods of how exposure could occur, for example, dust, fumes etc. and whether this exposure is deemed "significant".

A suitable and sufficient assessment should account for specific considerations relating to lead, including the hazardous properties of the metal/compound containing the material, as well as the level, type and duration of the exposure.

Consideration should also be taken into consideration regarding the presence of other hazards including substances like asbestos, which could exacerbate any issues caused by lead.

Prevent or control exposure

CLAW legislation states that exposure to lead must be prevented were reasonably practicable. If it is not possible to eliminate exposure, then there must be adequate control measures in place, for example through engineering controls, safe working and personal protective equipment.

CLAW specifies the exposure limits for lead in the air, which must be adhered to.

Correct training and information

Employers have a responsibility to provide employees and other workers such as contractors, with the correct training and inform them of the risks involved with lead exposure. They should also be informed of the correct operational procedures to ensure safe working.

Emergency procedure

In the event of an emergency such as the accidental release of fumes and other uncontrolled exposures, employers need to have documented procedures, such as those outlined in the risk assessment and method statements. This can include isolation, clean-up, decontamination, investigation and reporting.

Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), employers have an obligation to report incidents to the Health and Safety Executive (HSE).

Get expert Health & Safety support from Croner

Talk to a member of our team today to understand more about your responsibility under the Control of Lead at Work Regulations 2002. Call Croner on 01455 858 132.