Release Date: 04/05/2012
Contact Information: Stacy Kika, Kika.stacy@epa.gov, 202-564-0906, 202-564-4355

WASHINGTON – The U.S. Environmental Protection Agency (EPA) announced three enforcement actions for violations of the Lead Renovation, Repair and Painting Rule (RRP) and other lead rules. The RRP rule requires the use of lead-safe work practices to ensure that common renovation activities like sanding, cutting and demolition, which can create hazardous lead dust, are conducted properly by trained and certified contractors or individuals. EPA finalized the RRP rule in 2008 and the rule took effect on April 22, 2010.

“Exposure to lead can cause serious health problems and affects our most vulnerable population, our children,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “By taking action to enforce lead rules we are protecting people’s health and ensuring that businesses that follow the rules have a level playing field.”

On March 21, 2012, Colin Wentworth, a rental property owner who was responsible for building operation and maintenance, agreed to pay $10,000 to resolve violations of the RRP rule. The complaint alleged that Mr. Wentworth’s workers violated the rule by improperly using power equipment to remove paint from the exterior surface of an 1850’s apartment building he owns in Rockland, Maine. The complaint also alleged that the workers had not received any training under the rule and that Mr. Wentworth had failed to apply for firm certification with the EPA. Because the lead dust had not been properly contained, residents were potentially exposed and the dust could have also contaminated the ground surrounding the apartment building. Two of the four units in the building were rented to recipients of U.S. Department of Housing and Urban Development Section 8 vouchers and there were at least four children under the age of 18, including one under the age of six, living in the units. The Maine Department of Environmental Protection and the Occupational Safety and Health Administration (OSHA) also responded to the alleged violations.

On March 20, 2012, Valiant Home Remodelers, a New Jersey window and siding company, agreed to pay $1,500 to resolve violations from failing to follow the RRP rule during a window and siding replacement project at a home in Edison, N.J. Valiant Home Remodelers failed to contain renovation dust, contain waste, and train workers on lead-safe work practices.

On February 21, 2012, Johnson Sash and Door, a home repair company located in Omaha, Neb., agreed to pay a $5,558 penalty for failing to provide the owners or occupants of housing built prior to 1978 with an EPA-approved lead hazard information pamphlet or to obtain a written acknowledgement prior to commencement of renovation activities at five homes. The complaint also alleged that Johnson failed to obtain initial certification prior to performing renovations at these residences.

As required by the law, a company or individual’s ability to pay a penalty is evaluated and penalties are adjusted accordingly.

These recent actions are part of EPA’s effort to ensure that contractors and individuals follow the RRP requirements and other lead rules to protect people’s health from exposure to lead. Lead exposure can cause a range of health effects, from behavioral problems and learning disabilities to seizures and death, putting young children at the greatest risk because their nervous systems are still developing.

More on the settlement: http://www.epa.gov/compliance/civil/tsca/tscaenfstatreq.html

More about lead: http://www.epa.gov/lead

The past couple of weeks we have been helping a client prepare for an audit. It’s not an EPA audit, it’s a State audit of a CDBG grant. However, this started me thinking about how truly unprepared some people, companies and municipalities must be when it comes to audits. We have not gone through one of the State’s, but have gone through other audits, including the EPA. Despite this, and trying to cross our T’s and dot our i’s, it’s still a little unnerving.

So just how do you prepare for an audit? Take a deep breath. If you have been trying to follow the regulations, you shouldn’t have a problem. The first thing to do is find out what you’re being audited for. Is it for a specific time frame? Is it for a specific project or is this a general records audit?

Set Up the Appointment

DO NOT BLOW OFF SETTING UP A DATE FOR THE AUDIT. DO NOT BLOW OFF THE AUDIT. The audit will not go away. Put on your big girl or big boy pants and deal with it like an adult. Blowing off setting up the audit or blowing off the audit completely will not bode well for you and then you will be forced to have the audit at their convenience. If that happens they will be a lot less likely to work with you. They are rational people. They do understand about people’s schedules and time constraints. If you sincerely cannot make the first appointment that is suggested to you, it’s ok to say, “I’m not available that day, but I’m available the rest of the week.” Make a suggestion as to time frames that will work with your schedule. That will go over better than saying, “I’m not available,” and not addressing it any further.

Get Records in Order

Next step, get your records in order. Neatness counts! Regardless of what governing body may be auditing you, audits go more smoothly if your files are in order. Often times, there is a check list that has created of the files the entity expects you to have. An example is the EPA Renovator, there is a checklist at the end of module 7 in the manual. Follow the list. In an ideal world, all the paperwork will be in a folder for each case. We all know, the world is not ideal. DO NOT FABRICATE ANY MISSING PAPERWORK. Do try and find and / or complete any missing paperwork for you cases. DO NOT FABRICATE PEOPLE’S SIGNATURES OR FALSIFY LABORATORY RESULTS. This will create a whole new ugly situation which will lead to months if not years of investigation. Your work and your life will be under a microscope. Do try and find a rational explanation for why the paperwork is missing or not filled out completely.

Make sure that your certification(s) and the company’s certification(s) and license(s) are current.

Day of the Audit

The day of the audit, stay calm. I know it’s so much easier to say than do. One of my colleagues says, ‘Audits go easier with muffins & cookies.” There’s some truth to that. You don’t need to run out and buy muffins and cookies for the audit. However, maintaining composed during the audit, answering their questions, asking questions when you don’t understand what’s being asked of you is key. If your mindset is antagonistic from the get go, it makes the audit that much more stressful for everyone.

You may politely disagree with an auditor. For example, a few members of Lead Safe, LLC have their EPA lead supervisor certificates. The first time we were audited, in 2000, by the EPA, they asked to see a lead abatement report. My colleague told them, “We don’t do abatement.” They asked again. He repeated, “We don’t do abatement. We’re a consulting firm. We have lead supervisors for writing job specs.” (At the time it was acceptable to have a lead supervisor certificate for writing job specs.) That was sufficient to clear up the disagreement.

During the Audit

During the audit, answer the questions that are asked and supply the paperwork that is asked for – nothing more. It sounds simple enough. The idea is that you do not want to open yourself up to further scrutiny. Also, idle conversation or lengthy presentations only hinder the progress of the audit. It wastes everyone’s time and makes the audit drag on. Remain courteous and polite, it doesn’t have to be all yes or no answers, but they don’t want to hear endless stories about how something went hopelessly wrong on a case. This may open you up to further investigation as well. Be honest!

Believe it or not, those auditors aren’t there to give you a hard time. They don’t groove on finding mistakes. Oftentimes, it’s more paperwork for them if they do find mistakes. Take criticisms constructively. If they have information to give you to help you, take it. Again try and keep a pleasant demeanor.

Call Lead Safe, LLC.

Still nervous about being audited? You can call Lead Safe, LLC, Phone: 315-471-3210. Lead Safe, LLC provides a service were we can help you go over your files and what to expect in an audit.

I’m glad to say the US seems to have gotten a tighter rein on imports, especially on imported toys, but you should still be cautious. Holiday movies showing antique toys always look impressive, but it’s those antique toys that may contain lead based paint. That doesn’t mean you need to throw them out, but you may want to keep Grandpas old toy fire engine on a shelf away from little hands for admiration instead of play.

Also, used toys or toys purchased at thrift shops can be a big problem. Make sure to check the CPSC’s website (Consumer Product Safety Commission, www.cspc.gov) BEFORE purchasing toys at a thrift shop or second hand store. Toys that were construed as being “too much of a hassle” to return may have very easily found their way to thrift stores. Often these stores do not allow you to return merchandise. The same goes for buying toys at garage sales or church bazaars.

If you’re not sure about some of the toys your child is playing with, there are some simple measures that can be taken as precautions. First, make sure your child washes his or her hands before eating. Secondly, if possible wash the toys in hot soapy water at regular intervals. Check the CPSC website to see if your child’s toy has been recalled. If a toy is recalled, remove it from your child’s environment immediately. If the recalled toy has been gnawed on or if you’ve seen your child mouthing the toy, have your child’s blood lead check. Also you can call a certified lead professional to test your child’s toys with an XRF (x-ray fluorescence – a non-destructive means of testing for lead based paint.) Keep in mind there is usually a fee for this service.

Some links to check out:
www.cdc.gov/nceh/lead/tips/toys.htm – Center of disease control tips pertaining to toys with lead
www.cpsc.gov/cpscpub/prerel/prerel.html – Consumer Product Safety Commission recall list

National Lead Poisoning Prevention Week is coming up next month, October 24-30, 2010.  I didn’t know.  It wasn’t obvious.  In fact, you may consider it one of the government’s best kept secrets, although they shouldn’t be keeping it a secret at all.  I had to specifically Google “National Lead Poisoning Prevention Week, 2010” to find it.  I think that this is a terrific idea.  However, the concept falls short in their advertising. The EPA’s website has one paragraph regarding the Week and links to the CDC and HUD.  The government expects you to download their poster and post it!  The links to CDC and HUD don’t even mention the National Lead Poisoning Prevention Week.

Considering the purpose of the Week is to “educate parents and children about the dangerous health effects of lead exposure,” the government is definitely missing its target audience.  The thing is having a week to make people aware that lead poisoning is still an ongoing problem in the United States is a good idea.  Approximately 250,000 children ages 1-5 have elevated blood lead levels in the United States today.  Elevated blood lead levels can lead to stomach ache, poor appetite, and irritability which is often confused with other illnesses.  Higher levels of lead exposure have been linked to ADHD.  Very severe lead exposure (blood lead levels greater than 80 ug/dL) can cause neurological damage, convulsions, coma, and even death.  The long term effects of elevated blood lead levels in children often includes slow development, reduced IQ, learning disabilities, hearing loss, reduced height and hyperactivity.  The effects of lead based paint exposure are permanent.

Simple measures can be taken to help prevent childhood lead poisoning.  These include keeping the home clean, eating a good diet,  and washing hands.  Adults can check the home for potential danger areas, looking for flaking paint, crumbling plaster, indoor dust and outdoor dirt that may have lead in it. A lead inspection or lead based paint risk assessment can be performed by a certified professional to find out where lead and potential problems may be.   Any peeling paint should be addressed and the paint chips cleaned with a wet disposable cloth (paper towel).  Children should not be present when cleaning up paint chips.  Dust should be kept to a minimum by damp mopping and using a wet cloth to clean walls, window sills, and other surfaces.  Children’s toys should also be cleaned to eliminate the potential for lead dust to collect on the toys and then have the child put the toy in their mouth.

I wouldn’t be following due diligence if I didn’t give you a link to the EPA regarding the National Lead Poisoning Prevention Week!  Here it is:

http://www.epa.gov/lead/pubs/lppw2010.htm

Please also check with your local county health department to see what they are doing for National Lead Poisoning Prevent Week.

This information affects hundreds of thousands of workers who complete Outreach Training Program classes each year, and more than 50,000 authorized OSHA Outreach Trainers. It focuses on the importance of workers’ rights and advises them of their right to

* safe and healthful workplaces
* know about the presence and effects of hazardous chemicals
* review information about injuries and illnesses in their workplaces
* receive training
* request/file for an OSHA inspection and participate in the inspection
* be free from retaliation for exercising their safety and health rights

“For too long workers have avoided making claims of unsafe work conditions out of fear of losing their jobs,” said Assistant Secretary of Labor for OSHA David Michaels. “We are confident that this new training will embolden workers to speak up when they find work practices that endanger their lives and the lives of their co-workers.”

During the 10- and 30-hour outreach training program classes, OSHA trainers will cover topics on whistle-blower rights and filing a complaint, and will provide samples of a weekly fatality and catastrophe report, material data safety sheet and the OSHA Log of Work-Related Injuries and Illnesses. Trainers can obtain test and answer sheets from their authorizing training organization.

The OSHA Outreach Training Program is a voluntary program that seeks to teach workers about their rights and how to identify, reduce, avoid and prevent job-related hazards. The program includes 10- and 30-hour courses in construction, general or maritime industry safety and health hazard recognition and prevention that is taught through a network of OSHA-authorized trainers. Over the past three years, nearly two million students have received training through this program.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

June 11, 2010
Contact: Office of Communications
Phone: 202-693-1999

“…Since the RRP Rule became effective on April 22, 2010, concerns have been raised by the regulated community regarding difficulties experienced in obtaining the rule required from certification and renovation worker training. Acknowledging those concerns and to facilitate the transition to full implementation of the RRP Rule, EPA will offer additional and sufficient time for renovation firms and workers to obtain the necessary training and certifications to comply as follows:

In view of the paramount importance of ensuring that all contractors follow the lead-safe work practices in the RRP rule, EPA will continue to enforce the work practice requirements in the rule which protect children and reduce lead exposure.”

This is big news!

However, my work seems to follow me everywhere. Despite my garden being 150 feet away from the house and a good 50 feet away from the neighbor’s house, I still worry about the soil being contaminated with lead. Next door on the other side of my house is a long since abandoned

Home Grown Tomatoes

apple orchard. Lead arsenate was a common pesticide that apple orchards used up until WWII.

However, most people don’t live near or on old apple orchards. With the majority of the housing stock in the Northeast having been built before 1978, the concern is chipping and peeling lead paint getting into the soil causing contamination. Lead is harmful even in small doses. It readily takes the place of other minerals such as iron, magnesium and calcium in dark green leafy vegetables. So, vegetables grown in a lead contaminated soil can be harmful to eat.

Be wary of where you’re putting your garden. You’ll want to avoid putting a garden right next to the house or garage that’s chipping or peeling. Also, you won’t want to put the garden in an area where cars use to park or near busy roadways. Leaded gasoline may have leaked into the ground.

Get your soil tested for lead. It’s not an expensive test. Think of it as peace of mind. There are quite a few private companies that do lead testing. You may want to get some advice from your local health department or county cooperative extension. If the lead in soil exceeds 400 ppm (in New York State), you’ll want to rethink your gardening plot. Either move the area where you would like to garden or consider making lined raised beds.

A great article to read regarding the matter is: www.nytimes.com/2009/05/14/garden/14lead.html

Other helpful information:
www.epa.gov/lead

WASHINGTON – The U.S. Environmental Protection Agency is marking National Lead Poisoning Prevention Week by announcing several actions the agency proposes to take to prevent lead poisoning. Lead poisoning may cause a variety of adverse health effects, including brain and nervous system disorders, high blood pressure, and hypertension. Children six years old and under are most at risk.

EPA has issued a proposed rule to expand the coverage of the 2008 Lead Renovation, Repair and Painting Rule. The new rule proposes to eliminate a provision that exempted some housing from the rule’s requirement that contractors be trained and certified and use lead-safe work practices when renovating, repairing or painting a pre-1978 home.

“This proposed rule will further increase protections for children and their families from lead-based paint hazards associated with home renovation and repair, “ said Steve Owens, assistant administrator for the Office of Prevention, Pesticides and Toxic Substances. “The administration is demonstrating its continued commitment to eliminating childhood lead poisoning and strengthening lead poisoning-prevention efforts with the announcement of these actions during National Lead Poisoning Prevention Week.’

The federal government banned lead-based paint from housing in 1978. However, if a home was built before 1978, it has a higher likelihood of containing lead-based paint. The 2008 rule requires contractors working in pre-1978 housing where children under six or pregnant women reside take the proper precautions to work lead-safe work, including minimizing the dust, containing the work area, and conducting a thorough cleanup to reduce the potential exposure associated with disturbing lead-based paint. This rule would expand such requirements to cover most pre-1978 homes.

EPA also announced that it will propose to modify the regulatory hazard standard for lead in dust so that it is based on the most recent science. The agency also will work with the U.S. Department of Housing and Urban Development to propose to modify the regulatory definition of lead-based paint. The National Center for Healthy Housing and several other citizens groups had petitioned the agency on these issues, making the point that current standards are outdated.

EPA will take comment on the proposal for 30 days and expects to finalize the rule by April 2010.

More information: http://www.epa.gov/lead

The first misconception is that “only children get lead poisoned.”  This is absolutely false.  The one main difference between a child or an adult getting lead poisoned is the amount of lead it takes.  Children are considered to have elevated blood leads if their blood lead levels are 10 ug/dl.  For adults the amount is 50 ug/dl.  Lead is the most dangerous in children under the age of 7 years because their brains are still developing.  Lead poisoning in small children can cause permanent brain damage.  In many other ways lead affects adults the same way it does children.

The second misconception is that “you can only get lead poisoned by eating paint chips.”  This is absolutely false.  Unless a child or adult has pica, a condition in which someone eats non-food items, children are usually exposed by “second hand” contact.  For example, a cat sits in a window well that has paint chips and dust in it and regularly sleeps with the child; a window is left open and blows the paint chips and dust onto children’s toys or clothes; children play with their toys near a door where paint chips and dust have accumulated.  The dust gets on their toys which then gets on the child’s hands.  With adults, exposure is usually through hobbies or occupation.

The last misconception is that “lead only occurs in paint.”  The term “lead based paint” is somewhat of a misnomer.  Lead can occur in any coating including primers, varnish, stains, shellacs, etc.  I don’t know how many times I’ve been asked on a jobsite, “Why are you testing that? It’s not painted,”  while I was testing something stained.  Indeed, I’ve found lead in primers, varnish, stains and shellac.

The first way is to take the 1-day (8 hour) initial training course from an EPA accredited training provider. Our affiliate, CNY Environmental Institute, Inc., is accredited to provide this course as well as the Renovator Refresher course. Upon successful completion of the course, students are issued their EPA certificate that is valid for 5years. To maintain certification, a student must take a refresher course PRIOR to their expiration date.

The other way a person could get certified is by taking a refresher based on being “grandfathered” in to the system because they have successfully completed training in EPA approved courses. The refresher course is shorter (4 hours) than the initial course but the student is required to provide proof of eligibility prior to enrolling in this course. A copy of the successful completion certificate from the eligible course is required

Eligibility Requirements for Refresher Training.

Individuals who have successfully completed the following training courses may choose to take the EPA four-hour renovation refresher course training in lieu of the EPA eight-hour initial renovation course training.

* Abatement worker or supervisor course accredited by EPA, or an EPA authorized State or Tribal program
* Joint EPA-HUD Lead Safety for Remodeling, Repair and Painting, 2003 (EPA 747-B-03-001).
* EPA Model Training Course Minimizing Lead-Based Paint Hazards During Renovation, Remodeling, and Painting, 2000 (EPA 747-B-00-005).
* HUD Addressing Lead-Based Paint Hazards During Renovation, Remodeling and Rehabilitation in Federally Owned and Assisted Housing Course.
* HUD Lead-Based Paint Training for Remodelers and Renovators Course.
* State of Connecticut Lead-Safe Work Practices for Painting, Remodeling, and Maintenance Course.
* State of Maine Lead-Smart Renovation (a.k.a. Lead-Safe Renovator) Course.
* Commonwealth of Massachusetts Lead-Safe Renovator Worker and Supervisor Course.
* State of Wisconsin Lead Low-Risk Worker Course.
* Craven County, NC, Lead-Safe Work Practices Course.
* Baker Lead-Safe Work Practices Training.
* Connor Interim Controls/Lead-Safe Work Practices and Awareness Manual.
* NESHTA Lead-Based Paint Maintenance Training: Work Smart, Work Wet, Work Clean to Work Lead-Safe.
* Occupational Knowledge Interim Controls/Lead-Safe Work Practices and Awareness Training.

To schedule a class visit CNY Environmental Institute, Inc. For more information on EPA lead training requirements visit EPA.