Integrity vs. Profit...

A client of ours is trying to close out some cases by the end of September. She had asked us to do a number of lead clearance exams so she could finish the cases. One of the cases was a 12 unit apartment building. So after some finagling (Pat and I were suppose to go to a conference in Maryland, but canceled so we could get this job done) we got the lead clearance exam scheduled for the 12 unit apartment building.

A Beautiful Scenic Drive

The case was near Lake Ontario. The morning started off a little chilly. A light jacket was required but it was otherwise a beautiful morning. The sky was crystal clear. As I drove, I noticed the deer off in the distant fields, the corn stalks starting to change from a rich dark green to Halloween decoration tan, and the apple trees in the orchards embarrassingly loaded with fruit. I couldn’t have asked for a better scenic drive. I was early so I drove to Sodus Point, a very picturesque town. The tourists had left for the season and I was left with a beautiful view of a vivid blue Lake Ontario. I then meandered my way to the job site.

I was a few minutes early and didn’t see the apartment owner there yet. I started to review the lead risk assessment report to see what lead hazards existed. I looked through the dust wipe sample results. Okay, it looks like there aren’t any lead dust hazards. I thought to myself, “That’s good, but where are the recommendations? Did we forget to put them in the report?” I hadn’t noticed any recommendations in the lead risk assessment report. I started flipping through the XRF data.

The Clearance Wasn’t Necessary

Negative…Negative…Negative…Negative… Oh, no. So I started to read the narrative of the report. On the third page and in bold print I read, “NO lead-based paint hazards were identified on these premises as defined by section 403 of TSCA.” Nuts! No lead clearance exam was required. This was suppose to be a money maker of a day for the company.

I called the office, “Um, there aren’t any lead hazards here. We don’t need to do a clearance.”

The reply from the office, ”What do you mean! Our client asked for a lead clearance exam.”

“Yes, I know that, but in looking at the lead risk assessment report, there weren’t any lead hazards.” I retorted.

After some banter back and forth, our office decided to call out client. The office informed her that since there weren’t any lead hazards found, the lead clearance exam wasn’t required. “Not required, “she said, “Good, let’s not do the testing then. This is great. I already had the money budgeted in.”

I got a phone call from the office, “She doesn’t want the testing done.” I called the building owner to let him know.

Doing the Right Thing

I knew it was the right thing to do. Doing the lead clearance exam knowing that no lead hazards were found during the lead risk assessment would be fraudulent in my mind. We always put or client’s interests first.

Title X HUD and EPA Lead Disclosure Law (1018)...

Disclosure Pamphlet

This article is meant to inform the public about the different types of lead testing services that we can provide.  The U.S. Environmental Protection Agency (EPA) and U.S Department of Housing and Urban Development (HUD) require the seller of a home to disclose any information the seller has regarding the presence of lead in homes constructed prior to 1978.  The entire EPA lead disclosure law with guidance can be found in Adobe PDF format online.  Even if the seller has no information regarding lead in the property they must still provide the EPA lead disclosure form check the appropriate box, provide the lead hazard information pamphlet entitled “Protect Your Family From Lead In Your Home”, retain signed acknowledgments for 3 years as proof of compliance, and finally they must give the buyer a 10-day opportunity to test the housing for lead.  The EPA lead disclosure law does state “A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase” but most people do not know what a lead risk assessment is.

A Lead Inspection Only Includes Paint Testing

So consequently I receive many calls from people requesting a “lead inspection.”  I will ask the caller a few questions to help me determine what investigation they actually need.  The first thing I need to know is the date of construction of the building(s) in question.  This tells me whether the law applies and also I am required to include this information in any report that I may issue.  The next thing I need to know is why the perspective client is requesting the service.  This information is helpful because the answer will indicate which investigation the caller really needs.

Federal Law has Specific Requirements for Lead Risk Assessments

According to 40 CFR Part 745 a lead inspection is “a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation”.  The end user should expect an inventory of all of the painted components that indicates whether they are lead containing or not. So one should expect information regarding the painted surfaces only.  No other information regarding lead hazards is being collected.  Only an EPA certified lead inspector can perform this task.  Certified lead-based paint professionals should have no problem providing copies of their certification.   Most callers presume that the term “lead inspection” means that all of the lead hazards present in the home will be evaluated and reported when in fact that is not the case.  If you want to know all about the existing lead hazards in a home you should request a lead risk assessment.

Risk Assessments Identify Lead Hazards

A risk assessment is defined by 40 CFR Part 745 as ” (1) an on-site investigation to determine the existence, nature, severity, and location of lead based paint hazards, and (2) the provision of a report by the individual or the firm conducting the risk assessment, explaining the results of the investigation and options for reducing lead-based paint hazards.”  More often than not this is the type of investigation that callers really want.  The terminology is important because EPA requires very specific information to be included in a lead risk assessment report and the requirements are not the same for lead inspection report.  A lead risk assessment involves testing paint in areas where it is subjected to friction (such as window sashes moving up and down in the tracks), impact (such as stair treads and risers) and any painted surfaces where teeth marks are present.  In addition to paint testing, samples of settled dust and bare soil (if present) are collected and analyzed for lead content.   EPA has established lead hazard levels for paint, dust and soil that the certified risk assessor can determine if lead hazards are present in the home.  The report should detail the risk assessor’s findings and a recommendation for treatment should be suggested for each lead hazard identified.  Only an EPA certified risk assessor can perform risk assessments.

Peeling paint presents an obvious lead hazard

Lead paint testing is usually done with a portable XRF instrument.  A portable XRF is a device that can check coatings for lead content non-destructively.  These devices are equipped with some type of energy source that is capable of exciting the atoms in the test area.  When the atoms are excited, x-rays are emitted that the device can detect.  The shape of the x-ray reveals the type of element detected and the intensity of the signal indicates the concentration of that element.  Most XRF instruments use a radioactive isotope to achieve the excitation.  Special licensing regulations apply to lead testing firms in New York who use this type of equipment.  Only HUD approved XRF instruments can be used to test for lead for this purpose.

Terrible Two’s or Lead Poisoning?...

Recently, I was performing a lead risk assessment somewhere in Central New York.  It was the grandmother who owned the home.  Her son and his children lived with her.  She had been trying to find a daycare to take care of the two year old during the day.  She was a cute little tyke but a handful to say the least.  So far the daycare centers she had approached wouldn’t take her.  Either they were too full or the little girl was too much for them to handle.

The Child Exhibited Hyper-active Behavior

While I was there I started going through my regular routine on a lead risk assessment.  I generally start off by letting the owner know what I’m going to be doing while I’m there.  I started off asking her some questions off a questionnaire regarding general uses of the home.  In the meantime, I watched this little girl squirm all over the place.

She was very interested in my equipment.  I had a work kit, which looks like a tool box, the XRF and a template for collecting dust wipe samples.  We had to stop several times during the questionnaire because she wanted to play with my equipment.  I’ve heard mothers say that they couldn’t turn their back on a child for one second before, but this was ridiculous.  She was into everything within seconds.  I’d ask a question, she’d be trying to open my box.  Grandma would yell at her.  She go right back to it.  I’d move it.  By the time I’d move it, she’d be after the template or something else.  Grandma would scold her and pick her up.  I’d move my equipment to higher ground.  I’d ask another question and she would be climbing the furniture to get to my equipment again.  She was a little perpetual motion machine.  Grandma would keep trying to discipline her, but she was persistent.  She final got her son up to take care of his daughter and despite the girl’s father trying to discipline her, she still was after my work kit, template & XRF.  The father joked about the girl being in her “terrible two’s” stage.  The father eventually brought the little two year old over to a neighbor’s house.  I finally finished with the questionnaire shortly there after.

A Blood Lead Test is the Only Way to Tell the Difference.

I wondered if the girl had an elevated blood lead causing her to behave in such a fashion.  Being the aunt to 18 nieces and nephews I had seen “terrible two’s” before.  This little girl was just so persistent in to getting into trouble.  The discipline his grandmother and father were giving her had no affect on her behavior.  I had asked the grandmother if the girl had had his blood lead level checked during the questionnaire.  She didn’t know.  I went about performing the lead risk assessment, but couldn’t help but wonder about that little girl.

It is Just a Case of the Terrible Twos?

This led me to wonder, when is it just terrible two’s or lead poisoning?  So I decided to do some research into what some of the similarities and differences are.  Child psychiatrists have come up with the term “oppositional behavior” in reference to terrible twos.  The term oppositional behavior neatly packages the behavioral development and emotional state of a two year old at this stage.  The term lumps together clingy, whiny, negative, fearful, and loud, unpredictable behavior.  Oppositional behavior also refers to the child’s frustration with limited language skills at this point which often changes to mood swings and temper tantrums.

The difficult part is that lead poisoning often leads to behavior problems with children too which could easily be confused with terrible twos.  Other symptoms of lead exposure can easily be confused as terrible twos.  These include: irritability, aggression, hyperactivity and mood and personality changes.  Here is where the two conditions depart in their similarities.

Lead Poisoning Often Leads to Behavior Problems with Children

A child with a continued elevated blood lead level will also experience learning difficulties, difficulty with memory, loss of appetite, changes in sleep patterns and become lethargic.  If the child’s blood lead level continues to climb other symptoms such as poor coordination, weakness in hands and feet, weight loss and headaches occur.  Higher lead exposures still can lead to severe stomach cramps, seizures, anemia, coma and death.

Becky Markus Prepares to Perform a Lead Risk Assessment

So how do you tell the difference between terrible twos and lead poisoning?  Certain things can help with terrible twos.  The child should respond better to having a regular routine, limiting choices, setting limits, not giving in to tantrums and being given time outs or have privileges taken away.  If the child’s behavior does not improve after following these steps, it may be due to lead exposures.  Ask your doctor to check your child’s blood lead level.

Get A Lead Risk Assessment!

Because the initial stages of terrible twos and lead poisoning are so similar it is important to get your child’s blood lead levels checked.  It is important that this be done at ages one and two.  If your child continues to have symptoms, lives or spends time in an older home and is beyond three years old, get your child’s blood lead levels checked.  It was just 1978 that  Consumer Product Safety Commission banned the use of lead in residential paint above .06%.  Anyone who lives in home built prior to that year should also consider having a lead risk assessment conducted on their home.

References:

www.drgreene.com
www.about.com/pediatrics
www.parentpedia.com
www.healthbanks.com