Subchapter A. PAINT GRINDING, PAINT AND
VARNISH MANUFACTURING
GENERAL PROVISIONS Sec.
35.1. Scope.
35.2. Workrooms.
35.3. Physical examination—age.
35.4. Employes.
35.5. Use of alcohol and chewing tobacco.
35.6. General safety requirements.
35.7. Penalty.
SANITARY PROVISIONS
35.11. Applicability.
35.12. Washrooms.
35.13. Shower baths.
35.14. Urinals and water closets.
35.15. Dressing rooms.
35.16. Food and drink.
35.17. Uniforms.
PHYSICAL EXAMINATIONS
35.21. Applicability.
35.22. Requirement of examinations.
35.23. Report of lead poisoning.
MIXING AND DRY PACKING
35.31. Applicability.
35.32. Dry compounds of lead.
35.33. Packages over l00 pounds in weight.
35.34. Packages of less than 100 pounds in weight.
Authority The provisions of this Subchapter A issued under act of May 18, 1937 (P. L. 654, No. 174)(43 P. S. § § 25-1—25-15), unless otherwise noted.
Source The provisions of this Subchapter A adopted August 1, 1917; amended through January 15, 1966, unless otherwise noted.
Cross References This subchapter cited in 34 Pa. Code § 11.85 (relating to applicable provisions of other regulations).
GENERAL PROVISIONS
§ 35.1. Scope.
(a) This subchapter sets forth rules to safeguard the lives, limbs and health of workers engaged in the occupations of paint grinding and paint and varnish manufacturing, including the making of mixes of dry lead compounds in the form of lead carbonate, basic lead sulphate, lead oxides, lead chromate and other lead compounds.
(b) Both employer and employe are responsible for complying with this subchapter.
Cross References This section cited in 34 Pa. Code § 35.2 (relating to workrooms); 34 Pa. Code § 35.4 (relating to mall employes); 34 Pa. Code § 35.23 (relating to report of lead poisoning); and 34 Pa. Code § 35.31 (relating to applicability).
§ 35.2. Workrooms.
(a) Lighting. All employers shall provide and maintain adequately lighted workrooms for employes engaged in the activities specified in § 35.1 (relating to scope).
(b) Ventilation. All employers shall provide and maintain workrooms with good natural ventilation wherever employes are engaged in the activities specified in § 35.1. The employer shall remove all toxic and noxious dusts which may, in the judgment of the Department, be disseminated in such quantities in areas where persons are employed as to injure the health of employes or create other dangerous conditions. If it is impractical to remove them at the point of origin, all persons subjected to these hazards shall wear respirators.
§ 35.3. Physical examination—age.
Persons engaged in occupations involving exposure to lead dusts, lead fumes or lead solutions in any volume shall be at least 18 years of age and shall be physically examined at the expense of the employer by a licensed physician at least once every 30 days. Records of the examination shall be kept on file and shall be available to inspectors of the Department.
Source The provisions of this § 35.3 amended through June 10, 1977, 7 Pa.B. 1592. Immediately preceding text appears at serial page (13419).
§ 35.4. Employes.
Employes who engage in any of the activities specified in § 35.1 (relating to scope) shall be at least 18 years of age.
Source The provisions of this § 35.4 amended June 10, 1977, 7 Pa.B. 1592. Immediately preceding text appears at serial page (13419).
§ 35.5. Use of alcohol and chewing tobacco.
Because their use undermines the health and predisposes to lead poisoning and industrial accidents, it is recommended that employers exclude from employment in any capacity persons who habitually use either alcoholic liquors or chewing tobacco.
§ 35.6. General safety requirements.
(a) All power transmission machinery, railings and toeboards, stationary steam engines, boilers, ladders, fire prevention, elevators and artificial lighting shall conform with the applicable provisions of this subpart.
(b) Where a respirator is required by this subchapter, the employer shall provide and renew when necessary an approved type of respirator, which the employe shall keep clean and use at all times while at work.
(c) Where employes, due to the nature of their employment, are subject to injury from corrosive or poisonous substances, acids or caustics, the employer shall provide, without cost to the employe, goggles, gloves, leggings and other personal protective devices.
§ 35.7. Penalty.
Any person who violates any of the provisions of this subchapter or any regulations of the Department or who interferes with the Department or its authorized representative in the enforcement of the provisions or regulations shall be penalized under section 15 of act of May 18, 1937 (P. L. 654, No. 174)(43 P. S. § 25-15).
SANITARY PROVISIONS
§ 35.11. Applicability.
Sections 35.11—35.17 (relating to sanitary provisions) apply to employes engaged in mixing dry lead or dry compounds containing lead in excess of l0%.
§ 35.12. Washrooms.
(a) The employer shall provide a washroom, or rooms, which shall be separate and apart from the workrooms, and which shall be kept clean. These rooms shall be equipped with one of the following:
(1) At least one lavatory basin for every five employes, fitted with waste pipes and two spigots conveying hot and cold water.
(2) Basins placed in troughs fitted with waste pipes and for each basin two spigots conveying hot and cold water, with at least one basin for every five employes.
(3) Troughs of enamel or similar smooth impervious material, fitted with waste pipes and for 2 feet of trough length two spigots conveying hot and cold water, with at least 2 feet of trough for every five employes.
(4) Troughs of enamel or similar smooth impervious material fitted with waste pipes without plugs, and a continuous spray of warm water.
(b) The employer shall also furnish nail brushes and soap, and shall provide at least three clean fabric towels per week for each employe, or a sufficient number of sanitary paper towels.
(c) A time allowance of 10 minutes, at the expense of the employer, shall be made to each employe for the use of the washrooms before the lunch hour and at the close of the work day.
(d) It shall be the duty of all employes to use the washing facilities furnished by the employer.
Cross References This section cited in 34 Pa. Code § 35.11 (relating to applicability).
§ 35.13. Shower baths.
The employer is urged to provide at least one shower bath for every ten employes. The baths shall be approached by wooden runways, be provided with movable wooden floor gratings, be supplied with hot and cold water controlled within each individual bath, and be kept clean. Where shower baths are provided the following shall be provided:
(1) The employer shall also provide soap and at least two clean towels per week for each employe.
(2) An additional time allowance of 10 minutes, at the expense of the employer, shall be made to each employe for baths at least twice a week at the close of each work day.
Cross References This section cited in 34 Pa. Code § 35.11 (relating to applicability).
§ 35.14. Urinals and water closets.
Urinals and water closets shall be provided in accordance with the requirements of Chapter 41 (relating to sanitation).
Cross References This section cited in 34 Pa. Code § 35.11 (relating to applicability).
§ 35.15. Dressing rooms.
The employer shall provide a dressing room or rooms, which shall be adequately heated when necessary, be kept clean and sanitary, and be separate from the workrooms. These dressing rooms shall be furnished with one of the following:
(1) A double sanitary locker or two single sanitary lockers for each employe.
(2) Wire baskets, which shall be attached to a rope passed through a pulley and shall be pulled up to the ceiling when containing clothing.
Cross References This section cited in 34 Pa. Code § 35.11 (relating to applicability).
§ 35.16. Food and drink.
(a) The employer shall provide and maintain a sufficient number of sanitary drinking fountains, readily accessible, for the use of all employes, or shall provide individual drinking cups.
(b) No employe or other person shall take or be permitted to take any food or drink of any kind into any workroom, nor shall any employe remain or be permitted to remain in any workroom during the time allowed for meals.
(c) The employer shall provide in all new construction an eating room or eating rooms which shall be separate from the workrooms, be furnished with a sufficient number of tables and seats, and be kept clean.
Cross References This section cited in 34 Pa. Code § 35.11 (relating to applicability).
§ 35.17. Uniforms.
The employer shall provide, upon request of the employe, at least one pair of overalls and one jumper for each employe, and repair and renew such clothing when necessary and wash the same at least once each week, all without cost to the employe.
Cross References This section cited in 34 Pa. Code § 35.11 (relating to applicability).
PHYSICAL EXAMINATIONS
§ 35.21. Applicability.
Sections 35.21—35.23 (relating to physical examinations) apply to employes engaged in the mixing or in the continual handling of dry lead in the form of lead carbonate, lead sulphate, lead oxides, lead chromate or other lead compounds in products where the mixture contains lead in excess of 50%.
Cross References This section cited in 34 Pa. Code § 35.22 (relating to requirement of examinations).
§ 35.22. Requirement of examinations.
(a) Employers shall cause every employe engaged in the activities specified in § 35.21 (relating to applicability) to be physically examined at least once a month by a licensed physician for the purpose of ascertaining if symptoms of lead poisoning appear in any employe.
(b) The employe shall submit himself to the monthly examination, and to examination at such other times and places as he may reasonably be requested by the employer. The employe shall fully and truly answer all questions in regard to his physical condition asked him by the examining physician.
(c) These examinations shall be made by a licensed physician designated and paid by the employer, and shall be made during the working hours. A time allowance at the expense of the employer shall be made to each employe so examined.
Cross References This section cited in 34 Pa. Code § 35.21 (relating to applicability).
§ 35.23. Report of lead poisoning.
(a) Employer record book. The employer record book shall comply with the following:
(1) Where the physician finds what he believes to be symptoms of lead poisoning, he shall enter, in a book he kept for that purpose in the office of the employer, a record of the examination. The record shall contain the following:
(i) The name and address of the examined employe.
(ii) The particular work or process in which he is engaged.
(iii) The date, place and finding of the examination, including in each case the directions given by the physician.
(2) The record shall be open to inspection at all reasonable times by inspectors of the Department.
(b) Written notification. If the examining physician believes that lead poisoning is present, he shall send within 48 hours all of the following:
(1) A report in duplicate to the Department.
(2) A report to the Department of Health of this Commonwealth.
(3) A report of the examination and finding to the employer. Upon receipt of this report, the employer shall not continue the employe in any work or process where he may be exposed to lead dust, lead fumes, or lead solutions specified in § 35.1 (relating to scope).
Cross References This section cited in 34 Pa. Code § 35.21 (relating to applicability).
MIXING AND DRY PACKING
§ 35.31. Applicability.
Sections 35.31—35.34 (relating to mixing and dry packing) apply to the mixing and dry packing of the materials specified in § 35.1 (relating to scope).
§ 35.32. Dry compounds of lead.
(a) Whenever a dry compound of lead is mixed or otherwise manipulated in mixtures containing more than 10% lead, such activity shall be conducted in apparatus closed so as to prevent the escape of dust or provided with mechanical exhaust ventilation whose efficiency shall be approved by the Department or its authorized representative.
(b) Change can mixers are exempt from the provisions of subsection (a).
Cross References This section cited in 34 Pa. Code § 35.31 (relating to applicability).
§ 35.33. Packages over l00 pounds in weight.
The following shall be carried on by means of an approved type of enclosed packing machine:
(1) All packing of lead carbonate, basic lead sulphate, lead oxides, lead chromate, or other lead compounds where the mixture contains more than 10% of such lead compounds in packages over 100 pounds in weight.
(2) All packing of any dry substance containing arsenic in packages over 100 pounds in weight.
Cross References This section cited in 34 Pa. Code § 35.31 (relating to applicability).
§ 35.34. Packages of less than 100 pounds in weight.
(a) All packages of less than 100 pounds in weight may be packed by hand under a hood equipped with an efficient air exhaust which shall be connected with an efficient dust collect system. The dust collect system shall be regulated by the discharge of air from a fan, pump or other apparatus through an enclosed cloth dust collector.
(b) Cloth dust collectors shall conform with the following requirements:
(1) Each shall have an area of not less than one square foot of cloth to every cubic foot of air passing through it per minute.
(2) If not of the portable type, it shall be placed in a separate room, or in a permanent dust house equipped with baffles or such other apparatus to adequately take care of all dust which it may receive.
(3) Each shall be provided with adequate means, so that the dust may be removed by an employe or employes who are outside the room or dust house.
(c) No employe shall be required or allowed to enter such room or dust house except for the making of essential repairs, and then only when the dust collecting machinery is not in operation.
Cross References This section cited in 34 Pa. Code § 35.31 (relating to applicability).
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