Happy National Lead Poisoning Prevention Week!!!

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Ashley Fox
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1 Lead Laws and You

2 Happy National Lead Poisoning Prevention Week!!! 2

3 Overview on lead poisoning Laws relating to lead Regulatory action - common violations How laws relate to your role 3

4 Testing of Children in CT Effective January 2009 All children must be screened Finger stick Heel stick Effective April 2013 Adopted CDC s change in the value of the level of concern Level of concern is now 5 µg/dl Testing is mandatory in CT!! 4

5 Number of children under 6 years of age with lead poisoning, by calendar year and by blood lead levels Connecticut

6 Percentage of environmental lead hazards identified by source 6

9 Lead Poisoning Prevention and Control Regulations 19a through 19a

19a-111-1 through 19-a-111-11 Definitions Applicability of regulations Regulatory response protocols Notification Abatement approval

10 19a through 19-a Definitions Applicability of regulations Regulatory response protocols Notification Abatement approval Abatement of lead Methods of abatement Time periods for compliance Post abatement inspections Worker protection Occupant protection 10

11 Regulatory Action Summary 11

12 Example 1 Liquid Encapsulants 12

13 Liquid Encapsulants What products can you use as a liquid encapsulant for lead abatement? Can you use paint? Can you use any liquid encapsulant that you purchase at a paint store? Can you use a liquid encapsulant approved by HUD? 13

14 Liquid Encapsulants Would this product look acceptable to you? Yes? No? Maybe? How do you know? 14

15 Liquid Encapsultants All liquid encapsulants must be approved by DPH Although other products are sold, and even approved by HUD, they must be approved by DPH All approved encapsulants are listed on the Lead, Radon and Healthy Homes Program Registry of Authorized Encapsulant Products 15

16 Example 2 Improper Containment 16

17 Exterior Containment What s wrong with these pictures? 17

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23 Interior Containment What s wrong with these pictures? 23

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26 Containment It is the responsibility of the lead abatement contractor to ensure that all: resident s belongings are protected doors and windows are closed employees stay within the confined work areas non employees stay out of the confirmed work areas 26

27 Example 3 Failure to Report 27

28 Failure to Report 28

29 Failure to Report Toxic levels of lead were found that require lead abatement The company violated the regulatory requirement pertaining to when an inspector finds a toxic level of lead requiring abatement, the inspector shall report this to the owner, local director of health, and the commissioner 29

30 Example 4 Improper Dust Wipe Sampling 30

31 Improper Dust Wipe Sampling DPH Investigator witnessed a certified lead inspector/risk assessor not taking any measurements of the areas sampled for dust clearance Surface area dimensions must be included Not wearing disposable gloves while taking dust wipe samples = inaccurate and invalid results 31

32 PROPER Dust Wipe Sampling (with a measuring device and gloves) 32

33 Standards for Licensure and Certification of Lead Abatement Contractors, Lead Consultants and Lead Abatement Personnel 33

20-478-1 through 20-478-3 Definitions relating to lead workforce

34 through Definitions relating to lead workforce Qualifications for licensure and certification Disciplinary actions 34

35 Example 1 Non-Licensed/Certified Work Practices 35

36 Unlicensed and Non-Certified Work Practices 36

37 Unlicensed and Non-Certified Work Practices 37

38 Unlicensed and Non-Certified Work Practices Problems we ve seen: Uncertified lead abatement workers Uncertified lead abatement supervisors Uncertified lead inspector/risk assessors Uncertified lead planner/project designers Unlicensed lead abatement contractors RRP firms Home improvement contractors Unlicensed lead consultant contractors 38

39 Environmental Protection Agency Renovation, Repair and Painting (RRP) Rule 4/22/10 39

40 What is the RRP Rule? The RRP Rule: establishes requirements for companies and individuals performing renovations affects contractors, property managers and others who disturb painted surfaces applies to work in houses, apartments and child-occupied facilities built before 1978 includes pre-renovation education requirements 40

41 When does the RRP Rule apply? Anyone who is paid to perform work that disturbs more than 6 square feet of paint on the interior or 20 square feet on the exterior, of a house or child-occupied facility, built before 1978 must be certified 41

42 Who must be certified? Examples of who must be certified: Rental property owners/managers General contractors Home improvement contractors Special trade contractors: Painters Plumbers Carpenters Electricians 42

43 What activities are covered? Remodeling and repair Maintenance Electrical work Plumbing Painting preparation Carpentry Window replacement 43

44 Exemptions Housing built in 1978 or later Housing specifically for elderly or disabled persons Zero bedroom dwellings (studio apartments, dormitories, etc.) Housing or components declared lead-free by a: certified inspector or risk assessor certified renovator Minor repair and maintenance 44

CERTIFIED RENOVATOR Take an 8 hour class Classroom training

45 Becoming certified Companies = CERTIFIED FIRM Register on EPA s website Costs $300 Valid for 5 years Individuals = CERTIFIED RENOVATOR Take an 8 hour class Classroom training Hands on training Test Costs vary between $150-$300 Valid for 5 years 45

46 Common Violations 46

47 Mechanical Sanding At a residence 47

48 Example 1 48

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52 Example 2 52

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56 Dry Scraping At a commercial business/residence 56

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59 Debris unsafe work At a residence 59

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61 What are the consequences for not following the RRP Rule? Fines Non compliance Working unsafe Negligence Up to $37,500 per day, per violation 61

62 Occupational Health and Safety Administration 62

63 Reported Number of Adults with Blood Lead Levels 25 µg/dl 2014 Occupational Cases Non Occupational Cases Unknown Source Connecticut Total Massachusetts Vermont United States ,461 Source: State Adult Blood Lead Epidemiology and Surveillance (ABLES) Programs 63

64 Reported Numbers of Cases and Prevalence Rates of Adults with Blood Lead Levels (BLL) 10 µg/dl and 25 µg/dl Number of Employed State Residents BLL 10 µg/dl BLL 25 µg/dl Connecticut 1,761, Massachusetts 3,353,138 Data Not Available 149 Vermont 334, United States 99,806,197 18,453 4,461 Source: State Adult Blood Lead Epidemiology and Surveillance (ABLES) Programs 64

65 Reported Numbers of Adults with BLL 25 µg/dl by North American Industry Classification System (NAICS) Industry NAICS Code Number Percent Highway, Street, and Bridge Construction Painting and Wall Covering Contractors Residential Building Construction Plumbing, Heating, and A/C Contractors All Other Specialty Trade Contractors Site Preparation Contractors Other Heavy and Civil Engineering Construction Other Construction Industries Total Construction Industries Construction Industry Exposures Represent 25% of Lead Exposures With Elevated BLL Nationwide 65

66 Hartford Area Office Enforcement Activity Twelve cases coded as lead were inspected between FY 2012 and 2017 Total penalties issued: $307,599 66

67 What Can I do to Protect my Employees? 67

68 OSHA Lead in Construction Advisor

69 Office of Housing & Urban Development Lead Safe Housing Rule (LSHR) 9/15/99 69

receiving federal assistance Specific requirements depend on: whether housing is

70 What is the LSHR? The Lead Safe Housing Rule applies to all target housing that: federally owned receiving federal assistance Specific requirements depend on: whether housing is being financially assisted type of financial assistance amount of financial assistance age of the structure the dwelling has rental units or owner-occupied 70

receiving a tenant-based subsidy Multifamily housing for which mortgage

71 Types of housing covered Federally-owned housing being sold Project-based assistance Public housing Housing occupied by a family receiving a tenant-based subsidy Multifamily housing for which mortgage insurance is being sought Housing receiving federal assistance for rehabilitation 71

LSHR Amendment January 13, 2017 new amendment to the LSHR responding to cases of children under age 6 living in certain categories of federally

72 LSHR Amendment January 13, 2017 new amendment to the LSHR responding to cases of children under age 6 living in certain categories of federally funded housing who have elevated blood lead levels an amendment to the term elevated blood lead level to align with CDC s recommended level of concern 72

73 Environmental Protection Agency and Office of Housing & Urban Development Title X and 1018 Disclosure Rule 73 4/19/01

74 Title X 74

75 What is Title X? Also known as the Lead-Based Paint Hazard Reduction Act of 1992 Provides requirements for rehabilitation and lead hazard reduction in properties receiving federal funding Regulated by both EPA and HUD 75

76 EPA s role EPA is authorized to set minimal standards for all lead abatements and lead inspections EPA standards require that work be performed by licensed consultants and contractors EPA authorizes states to operate their own training and certification programs 76

HUD s role HUD is authorized to require lead hazard control measures in: federally assisted housing community development loan programs HUD provides

77 HUD s role HUD is authorized to require lead hazard control measures in: federally assisted housing community development loan programs HUD provides grants to address lead hazards in low income housing (privately owned) HUD requires that each recipient of rehabilitation assistance follow rules 77

Project Cost If a project: exceeds $25,000 in federal rehab assistance, abatement is required and require the use of licensed abatement contractors receives less than $25,000 in federal rehab

78 Project Cost If a project: exceeds $25,000 in federal rehab assistance, abatement is required and require the use of licensed abatement contractors receives less than $25,000 in federal rehab assistance, activities intended to permanently eliminate lead paint hazards, are considered abatement and require the use of licensed abatement contractors receives less than $25,000 in federal rehab assistance, but are not intended to permanently eliminate lead paint hazards, require use of EPA RRP firm/renovator receives less than $5,000 in federal rehab assistance, do no harm 78

79 1018 Disclosure Rule 79

80 What is the 1018 Disclosure Rule? Section 1018 of Title X, requires the disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of most housing built before

81 What is required? Before consent of a contract, sellers and landlords must: Give an the EPA information pamphlet on identifying and controlling lead-based paint hazards, Protect Your Family From Lead In Your Home Seller or landlord must disclose: location of the lead-based paint location of lead-based paint hazards condition of the painted surfaces 81

82 What is required? Provide any reports on lead-based paint Include an attachment that: includes a Lead Warning Statement confirms that the seller or landlord has complied with all notification requirements Sellers, landlords, agents, homebuyers and tenants must sign and date the attachment Sellers must provide homebuyers with 10 days to conduct a paint inspection 82

83 Questions??? 83

84 Contact Information Kimberly Ploszaj Epidemiologist State of Connecticut Department of Public Health Lead, Radon and Healthy Homes Program (860)

Lead Based Paint Management Plan

Lead Based Paint Management Plan April 3, 2018 2 Table of Contents Review/Revision Summary... 4 I. Introduction:... 5 II. Scope:... 5 III. Purpose:... 5 Appendix A: LBP Disclosure Form... 8 Appendix B: EPA LBP Pamphlet Protect Your Family