This memorandum to OSHA Regional Administrators addresses a practical problem: the lead standards' blood testing requirements reference programs that no longer exist. The general industry Lead Standard (1978) required blood lead testing by a laboratory licensed by the Center for Disease Control, or one with a satisfactory grade in CDC blood lead proficiency testing in the prior twelve months (29 CFR 1910.1025(j)(2)(iii)). The construction Lead Standard (1993) required a laboratory approved by OSHA (29 CFR 1926.62(j)(2)(iii)).
But the CDC stopped licensing laboratories for blood lead analysis in 1986 and stopped administering its proficiency testing program, leaving employers unable to comply with the standards' literal wording.
OSHA's fix: the agency announced it will recognize a CLIA-approved blood lead analysis laboratory as fully satisfying the requirements of both standards. Where an employer's laboratory is CLIA-approved, any technical violation regarding the outdated proficiency testing language is classified as a de minimis condition that has no direct relationship to safety or health — meaning compliance officers issue no citation and no penalty.