Navigate To ...

MNOSHA lead rulemaking

Status

Minnesota OSHA (MNOSHA) has established a working group to assist the Department of Labor and Industry (DLI) in updating the current lead regulations and has received preliminary feedback after hosting the first meeting. The third meeting of this group is proposed to take place in March 2025.

Meeting one

The members of the working group were introduced and information was discussed regarding the legislative request, Minnesota OSHA rulemaking process and advisory group responsibilities. A presentation about the general industry and construction industry lead standards was provided by the Department of Labor and Industry (see the "Additional resources" section below for a copy of the presentation). There was a preliminary discussion about potential updates to the standards. A request for written feedback was provided by DLI to members of the meeting, to be discussed during future meetings.

Meeting two

The Minnesota Department of Labor and Industry presented about the proposed and adopted lead legislation other state-plan OSHA programs, including California, Michigan and Washington, had implemented or were in the process of implenting. The Minnesota Department of Health (MDH) presented about the health effects of lead and provided recommendations for Minnesota OSHA to consider when drafting legislation related to lead. See the "Additional resources" section below for a copy of the two presentations.

Proposed draft standards

MNOSHA is posting the two draft standards below for public review. The drafts are written in a strikethrough and underline style. The existing federal OSHA standards for lead, which are currently in effect in Minnesota (29 C.F.R. §§ 1910.1025 and 1926.62), are used as a starting point for the documents with strikethrough text proposed to be removed and underlined text proposed to be added. Many of the proposed changes to the standards were taken from California's newly adopted lead standard (see link below). This posting does not begin the formal rulemaking process outlined in Minnesota Statutes § 182.655. That process will begin when the proposed rules are officially published in the Minnesota State Register. The official comment period will also begin after the proposed rules are published in the Minnesota State Register. When published in the State Register, the proposed rules will be formatted consistently with other Minnesota Rules in Chapters 5205 and 5207 and won't reference the federal OSHA standard numbers. Currently MNOSHA has not completed updating the appendices of the standard; these will also be posted here as the proposed appendices are completed.

Background

Minnesota OSHA is conducting a rulemaking process required by the Minnesota Legislature as a result of the 2024 session. The Legislature passed a bill requiring MNOSHA to conduct rulemaking to reduce the blood lead level at which an employee is removed from exposure to lead and to reduce the blood lead level at which an employee may be returned to work with exposure to lead.

MNOSHA is working with an advisory group to assist the Department of Labor and Industry in updating the current lead regulations for general industry, 1910.1025, and for construction, 1926.62. Information about the differences between these two standards can be found in the "Additional resources" section of this page. Other state-plan OSHA programs, including California, Michigan and Washington, are also working to create and update rules regarding employee lead exposure. Information about the other lead rulemaking processes occurring across the country can also be found in the "Additional resources" section of this page.

Those who are interested in this rulemaking process may follow along by signing up to receive rulemaking updates via email. When the Department of Labor and Industry has developed and proposed the final adoption in the State Register, all interested stakeholders will be able to participate in the formal rulemaking process.

For questions about the current lead standards or lead in occupational settings, contact MNOSHA Compliance at 651-284-5050 or osha.compliance@state.mn.us, or contact MNOSHA Workplace Safety Consultation at 651-284-5060 or osha.consultation@state.mn.us.

Additional resources

Current OSHA lead standards:

Other states proposing changes to employee lead exposure regulations:

Back to MNOSHA rulemaking