What You Need To Know About Lead-Based Paint Regulations

The Environmental Protection Agency (EPA) has recently cracked down on the precautions contractors must take when working on homes or child care facilities that could contain lead contaminants. Even common renovation activities like sanding, cutting and demolition can disturb old lead-based paint on site. Found in a quarter of homes built before 1978 and nearly half built before 1960, lead-based paint can be harmful both in chip and dust form to children and adults. However, lead-based paint dust is the most dangerous because it is invisible and can be ingested unknowingly by both workers and residents.

Beginning on April 22, 2010, the Program will require all firms performing renovation, repair, or painting work on a pre-1978 home or child-occupied facility become certified. To achieve certification, the firm must apply to the EPA (or to the State if there is an EPA-authorized state renovation program) and pay a fee. Once the firm is certified by registering with the EPA, then a member of the firm can take an EPA or State training course to become a Certified Renovator.

In projects where lead-based paint is disturbed, there must be one or more Certified Renovators assigned to that job. Both the firm and Certified Renovator certifications will be valid for five years. All renovation workers involved with the lead-based paint job must be trained, but they can be trained on the job by the Certified Renovator to observe safe lead work practices. Firms working in these situations will be required by the Program to keep records demonstrating the lead-safe work practices used on the job. The EPA has developed a recordkeeping checklist to help renovators with compliance: http://www.epa.gov/opptintr/lead/pubs/renovation.htm

There are several exceptions to the Program where certain kinds of property are not included. In the following situations, occupants do not need to be given the Renovate Right material and renovators working in these capacities do not need to be lead-certified by the EPA:

• Renovations occurring on housing for the elderly or disabled, unless children under the age of six also live in these residences;
  
• Renovations on zero-bedroom dwellings such as studio apartments or dormitories;
  
• Renovations on housing that are pre-1978 but has been accurately tested and confirmed by inspection to be lead-free;
  
• Emergency renovations or repairs;
  
• Minor repairs, which are classified as disturbing less than six square feet of paint on inside surface or less than 20 square feet of paint on outside surface. The EPA does NOT classify window replacement as a minor repair; and
  
• Homeowners performing renovation repair or painting work in their own homes (exemption does not apply to rental property).
  

OSHA-Wide NEP

OSHA continually seeks ways to increase compliance and reduce the number of on-the-job hazards. The Occupational Injury and Illness Recording and Reporting Requirements National Emphasis Program (NEP) is the next component in OSHA's overall effort to make workplaces safer.

The NEP, which went into effect Sept. 30, 2009, will identify and correct under-recorded and incorrectly recorded incidents. Specifically, it will target low-rate establishments in industries with high DART ratings. According to OSHA, its targets are:

1. Animal slaughtering (except poultry)
   
2. Passenger air transportation
   
3. Steel foundries (except investment)
   
4. Other nonferrous foundries (except die-casting)
   
5. Concrete pipe manufacturing
   
6. Soft drink manufacturing
   
7. Couriers
   
8. Mobile home manufacturing
   
9. Rolling mill machinery and equipment manufacturing
   
10. Iron foundries
    
11. Nursing care facilities
    
12. Fluid milk manufacturing
    
13. Seafood canning
    
14. Marine cargo handling
    
15. Copper foundries (except die-casting)
    
16. Bottled water manufacturing
    
17. Refrigerated warehousing and storage
    
18. Motor vehicle seating/trim manufacturing
    
19. Pet and pet supplies stores
    

Though the construction industry, partnerships, Voluntary Protection Program, and Safety and Health Achievement Recognition Program establishments are outside the scope of this NEP, OSHA will develop other enforcement programs to address similar recordkeeping issues in these establishments.

Note that the official notice for this NEP indicates that states with their own OSHA programs will choose whether they want initiate an emphasis program and if so, whether it will be identical to or different from the federal program. Check your state OSHA Web site for applicability.

According to OSHA, this NEP exists because of inconsistencies in the 300, 301 and 300A form recordkeeping. Recent reports indicate that many industries, specifically the ones listed here, have incomplete records. Often, these establishments do not include injuries or illnesses incurred by cleaning, sanitation, or other temporary/contracted workers in contact with the environment but not directly employed by the plants.