New construction workplace rules by the EPA are intended to reduce the occurrence of lead poisoning.

 By: Richard Grimshaw, P.E.

 The official title is Lead; Renovation, Repair, and Painting Program, but it has been dubbed “RRP” by the construction industry.  RRP was implemented in 2008, and the requirements were designed to be phased in over two years.  As of April 22, 2010, the full extent of the requirements were in place, and they apply to work involving renovation, repair, or painting done in any home, child-care facility, or school built before 1978.

The rule intends to create a safe environment for both the occupants of a home or facility and the construction workers.  It comes from four years of research by the EPA into the effects of renovation work on lead exposures.  The study found that, in the presence of lead-based paint, activities such as weatherization, window replacement, demolition, drilling and sawing into painted wood, and making HVAC modifications create significant dust.  Occupants and workers in this environment are exposed to the same lead hazards as abatement work.  The rule applies when the affected area inside the property is greater than 6 square feet, or the affected area outside the property is greater than 20 square feet.

Why 1978?   That is the year that lead-based paints were banned, and it is assumed that any home built prior to the ban has a high probability of containing lead-based paint.  Because homes built after 1960 have a significant probability of not containing lead paint, the rule allows for testing to determine its presence.  Even if lead paint is not present, portions of the rule apply: homeowners or tenants must still be given information about the renovation, and records must be maintained.

Key Points    The rule relies on five key points to minimize or eliminate exposure to harmful elements:

• Education: contractors, occupants, and owners will become better educated as to the hazards of exposure to lead, and presumably better able to eliminate this exposure.  Contractors, both general contractors and subcontractors, must receive special training and be certified to perform this work.  Owners and occupants must be given specific printed material, the EPA’s “Renovate Right” brochure.
• Containment: work activities that create potentially harmful lead dust will be prevented from spreading beyond the immediate vicinity of the work location by the mandatory use of plastic screens.  Signs are to be posted at the work site advising of hazards in the work location.  Doors, windows, and ductwork in the work area are to be sealed.  Workers are required to wear high-efficiency particulate air (HEPA) respirators.
• Minimize Dust: power tools must be equipped with shrouds that are connected to HEPA-filtered vacuums.  Techniques such as applying water mist to a surface to be sanded are encouraged.
• Cleanup: The workplace must be cleaned each day, and construction debris collected and bagged to prevent inadvertent contamination of areas outside the work space.  A thorough cleaning is to be done at the end of the job, and the contractor must make a visual inspection to verify that no residue is left behind.
• Document:  The contractor is required to keep records of each job for three years after its completion.  This includes records of notification, documentation that a certified person supervised the job, and information on test kits that were used.  Test results, both positive and negative, should also be kept.

Practical Implications       Insurance companies and adjusters work closely with owners and contractors to determine appropriate repair methods and costs, and therefore need to be aware of how this rule affects their duties.  First, it’s important to be aware that some buildings built before 1978 require a little special attention.  For such a building it would be wise to request a lead paint test before coming to a conclusion on the scope of work and costs for demolition or repair that affects a painted surface.  Next, make sure that owners and occupants receive the information about the hazards of lead; remember, whether or not there is lead present, the information should still be made available.  If the presence of lead is verified, make certain that the contractor is qualified and certified to work in a lead paint environment, and that the additional costs of the safety procedures are allowed for in the repair cost.  Even though the rule has been in effect for two years, few remodeling and renovation contractors have been trained and certified.  So, in working with a new contractor, be sure to check.

Penalties   Yes, there are monetary penalties for non-compliance.  The EPA has promised to levy fines up to $37,000 per day per violation.  That will surely get everyone’s attention.  But regardless of the dollar cost of these fines, non-compliance means exposing others to the harmful effects of lead and putting them at risk.  Insurance professionals have a duty to protect their customers, many of whom are not knowledgeable about these dangers.  Adjusters will no doubt encounter many contractors and vendors who will complain about these new government regulations and the increased costs of doing business, but those who complain are to be reminded that doing less than is called for risks the health of their customers and their employees.  Our common sense alone should prevail.

More information is available at the National Lead Information Center (www.epa.gov/lead).   The American Coatings Association also maintains a list of resources pertaining to lead exposure (www.paint.org/issues/lead_resources.cfm).