How to best protect yourself against lead paint litigation

September 24, 2012 - Green Buildings

Lee Wasserman, LEW Corp.

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On May 25th, the Center for Disease Control officially recommended that children's blood lead level of concern be lowered to 5.0 ug/dl, half of what it was.
As a contractor, owner or property manager this means a much higher risk of being implicated and held responsible for a lead-poisoned child residing in a building you may work on, own or manage.
What can you do to protect yourself?
1. Make sure you are EPA Renovate, Repair and Painting Rule (RRP) Certified. You can do this by taking an EPA approved RRP Certified Renovator Class from an approved training provider. If you've already taken the initial class make sure you take the required refresher class every five years to keep your certification up to date. If you're not certified and you perform paint disturbances on buildings older than 1978 you could run the risk of heavy EPA fines and litigation.
2. When working on pre-1978 residential or child occupied properties, collect lead dust wipes samples before any work begins. This will be the baseline for the pre-work conditions. Today, lead paint can still be found in traffic paint, lipstick and toys, just to name a few. Because lead dust can be tracked into homes from a wide variety of sources, it is imperative to take these base line lead dust wipes.
Upon completion and after all final cleaning, collect post-paint disturbance lead dust wipes. Once you get a clean test result back from the lab, you now have proof that the areas in question were left safe and clean at the completion of your project.
Whatever lead dust might migrate into the property after the fact was not associated with your work. Become a dust wipe technician by taking an EPA approved course and lead dust wipe sampling will be the least expensive insurance money can buy.
Protect yourself and your company, by not letting your occupants, your employees or the government catch you off guard.
Lee Wasserman is president and CEO of LEW Corp., Mountainside, N.J.
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