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Occupational Lead Poisoning Prevention
Occupational Lead Poisoning Fee Program

Occupational Lead poisoning prevention program

Occupational Lead Poisoning Fee Program

The Occupational Lead Poisoning (OLP) Fee is paid by employers in industries where lead is used, altered, or disturbed. The Fee was established by Senate Bill 240 (Ch. 798, Statutes of 1991) adding section 105185, et seq. to the California Health and Safety Code (PDF). The list of 110 OLP Fee paying industries (PDF)is based on a documented history of lead poisoning in each industry. As of July 2017, the California Department of Tax and Fee Administration (CDTFA, formerly BOE) administers the Occupational Lead Poisoning Prevention Fee Program in partnership with the Occupational Lead Poisoning Prevention Program (OLPPP).

Questions about the Occupational Lead Poisoning Fees

All questions regarding OLP Fee returns, OLP Fee Waiver eligibility, fees owed, requirements for companies that were out of business in 2020, and Standard Industrial Classification (SIC) coding should be directed to the CDTFA. Much of this information is available at the CDTFA lead fee web page or in CDTFA Publication 94: Occupational Lead Poisoning Prevention Fee (PDF). CDTFA can be reached at (800) 400-7115 (in California) or (916) 322-9534 (from outside California), or by fax at (916) 327-0859. Additional contact information for CDTFA is in Question 11 below.

OLPPP reviews and processes the OLP Fee Waiver applications. Frequently Asked Questions regarding OLP Fee Waiver applications are listed below

Resources

Occupational Lead Poisoning Fee Program regulation (PDF) - regulation that explains the program: Includes a list of industries assessed the annual fee, fee waiver eligibilty, and procedures for applying for a fee waiver.
Identifying Lead in the Workplace (PDF) - list of common sources of lead and lead-containing materials at a worksite.
California Department of Tax and Fee Administration (CDTFA) - provides information on filing requirements and payment of the Occupational Lead Poisoning Fee. More information in CDTFA Publication 94: Occupational Lead Poisoning Prevention Fee (PDF).

Frequently Asked Questions

1. I submitted a fee return for an electronic application for a fee waiver. When will it be mailed?

Usually, web form instructions will be mailed to you within 8 weeks after you submit your request to CDTFA. Web form instructions will be mailed in May 2025.

2. Can I file my OLP fee waiver application electronically online?

Yes. Companies can only file electronic fee waiver applications. Paper fee waiver applications are no longer accepted. Companies that requested an electronic fee waiver application by checking the appropriate box on the CDTFA Fee Return are mailed a packet in May 2025 with their log-in information and instructions for filling out the application online. See Instructions for completing online application" Instructions for completing the online application (PDF).

3. When are the completed 2023 OLP fee waiver applications due?

Completed 2024 electronic OLP fee waiver applications, all attachments, and supplemental forms must be submitted online no later than August 31, 2025. Applications submitted online after this date will be denied.

4. Where do I send the completed OLP fee waiver application?

Email: LeadFeeWaiver@cdph.ca.gov. (you may also email OLP Fee waiver questions to this address)

Electronic applications are submitted online only.

Phone: (510) 620-5740, extension 2

5. Do I need to fill out the OLP fee waiver application every year (can I get a permanent waiver)?

OLP fee waiver applications are due each year until a company can: 1) demonstrate to OLPPP that its business operations never involve altering or disturbing greater than de minimis quantities of lead (see questions 6 and 7 for definitions) and 2) the company receives a letter from OLPPP certifying that annual OLP fee waiver applications are no longer required (permanent waiver). Applications are reviewed independently on an annual basis and temporary waivers granted from previous years do not constitute supporting evidence that lead was not disturbed in subsequent years. Also, receiving more than one temporary waiver does not constitute evidence for a permanent waiver. For more information, see Occupational Lead Poisoning Fee regulation (PDF).

6. What does “altered or disturbed” mean?

"Altered or disturbed" has a specific regulatory definition, which is “subjected to a process that may result in the release of dust, mist, fume, or other particles. Such processes may include, but are not limited to, cutting, welding, grinding, polishing, scraping, melting, sanding, spraying, or pressure blasting.”

Examples of activities where lead may be altered or disturbed:

Painters: sanding, scraping, or preparing painted surfaces prior to repainting
Contractors, plumbers, HVAC contractors: cutting through painted walls to access plumbing, HVAC ducts, etc.; use of materials such as solder that contain lead
Demolition: tearing down structures, tearing off old roofs with lead sheeting
Firearms: security personnel discharging firearms with leaded ammunition while on duty or during twice yearly firearms permit re-qualifications.
Scrap metal: recycling brass, bronze, and some steel and aluminum alloys; cutting or crushing painted or coated materials, etc.

For more examples, see Identifying Lead in the Workplace (PDF), a list of common sources of lead and lead-containing materials at a worksite.

7. How do I know if I might qualify for an OLP fee waiver (what is de minimus)?

If your company’s 2023 lead use was very small or short in duration ("de minimis"), you may qualify for a waiver of the OLP fee. De minimis has a specific regulatory definition (see below). If lead use at your business meets one of these definitions, your company may be eligible for a waiver of the OLP Fee with completion of the form and appropriate documentation.

“Lead present in materials which are altered or disturbed and have a lead concentration less than 0.5% or 5000 parts per million (ppm) by weight.”
Example 1: All metal alloys, paints, inks, colorants, plasticizers, stabilizers, or other materials used by your company had a lead concentration of less than 0.5% or 5,000 ppm. Safety data sheets or chemical composition sheets have this information.
Example 2: Painting contractors only painting new structures, repainting structures constructed after 1978, or with lead paint testing results less than 5,000 ppm.
“Lead present in materials where the total weight of such materials altered or disturbed during the calendar year is known to be 16 ounces (one pound) or less by weight.”
Example: Employees in all your California facilities together used no more than a one-pound roll of leaded solder.
“Lead present in materials where no such material is altered or disturbed at any individual employee’s place of employment on more than one day during the calendar year, i.e., if no employee works on more than one day during the calendar year in any location where lead-containing materials are being altered or disturbed, then the amount is de minimus.”

8. I have lost my OLP fee waiver web form instructions. How do I get another one?

If you have lost your fee waiver web form instructions, call or email us (See Question 4 for contact information).

If you lost your log-in information, we will send you your log-in web form by email.

9. How can I get a copy of the electronic OLP fee waiver application I submitted?

A copy of your application in PDF format will be automatically sent to you when you submit your electronic application as long as you provided a valid email address. You can also log back into the electronic OLP fee waiver application system (using your ID and password) until August 31, 2025, to print or save another copy of your submitted application.

10. Can I appeal a decision on my OLP fee waiver application?

Yes. If your OLP fee waiver application is denied, your company will be informed in writing of the reason for the denial. Your company will then have 15 working days to appeal this decision in writing to OLPPP and to supply additional supporting documentation. Written appeals made after 15 working days will be denied.

11. How do I update my mailing address?

Notify both OLPPP and CDTFA in writing of mailing address changes.

See Question 4 for OLPPP contact information

To register with CDTFA, the CDTFA's on-line registration system (eReg) will guide applicants through the registration process whether or not they know what type of account or license they require. CDTFA representa tives are available to assist with eReg questions Monday through Friday (except State holidays) from 8:00 A.M. to 5:00 P.M. PST (PDF).