(The information in this paper was gathered from the EPA website and with the assistance of Larry Cooper of Restoration Consultants)
If business for floor covering companies was not hard enough with the newer asbestos regulations for testing, the U.S. EPA has issued a new regulation about Lead Paint. This regulation affects all contractors who perform work in older facilities. If you are disturbing the structure in the course of doing your job, stirring up dust or removing components which you certainly will be installing flooring materials, this regulation affects your company. The regulation covers setting up the job safely, minimizes the creation of dangerous lead dust and leaves the work area clean and safe for occupants after completing the restoration job. This regulation took effect on April 22, 2010 so it’s brand new.
The EPA issued a final rule under the authority of section 402 (c) (3) of the Toxic Substances Control Act (TSCA) to address lead-based paint hazards created by renovation, repairs, and painting activities that disturb lead-based paint in target housing and child-occupied facilities. Target housing is defined in TSCA as any housing constructed before 1978, except housing for the elderly or persons with disabilities (unless any child under age 6 resides or is expected to reside in such housing) or any 0 – bedroom dwelling.
Under this rule, a child-occupied facility is a building, or a portion of a building, constructed prior to 1978, visited regularly by the same child, under 6 years of age, at least two different days within any week, provided that each day’s visit lasts at least 3 hours and a the combined weekly visits last at least 6 hours and the combined annual visits last at least 60 hours. Child occupied facilities may be located in public or commercial buildings or in target housing. This rule establishes requirements for training, renovators, other renovation workers, and dust sampling technicians; for certifying renovators, dust sampling technicians, and renovation firms; for accrediting providers of renovation and dust sampling technician training; for renovation work practices; and for recordkeeping. Sounds complicated. What would you expect from a government regulation?
The EPA’s website is listed below for you to gather additional information. The new 8 hour certification courses are being organized across the U.S. The cost is $250.00 and is a must for your company. This new regulation is not optional for your company and if you get involved in a matter involving lead paint the fines start at $32,500.00. This regulation does include work done by the floor covering industry so it is imperative you be aware of it.
Of concern is primarily baseboards and window casings and molding. Very often walls will be painted and the trim not. Or the trim may be covered by another coat(s) of paint. If you bang, scratch, nick, or gouge one of these painted surfaces and chips come off you’ve got a lead paint issue on your hands. I’m not sure how all of this is going to play out relative to who is going to determine if there is lead paint or if you really disturbed it, especially if you’re just changing the flooring material But, to be safe, you have to cover your assets.
Though this information is primarily focused on work done to the facility that directly effects surfaces covered in lead paint it also encompasses work done that may disturb walls painted with lead. Installing floor covering materials which may disturb lead painted walls, which inevitably occurs, means this law applies to floor covering contractors working on an affected project. Make sure you’re aware of this and remember, “Ignorance is no excuse for the law”. You’re required to be aware of any law which affects a construction project. Pleading ignorance is no defense.
EPA website: www.EPA.gov/lead/pubs/steps.pdf and www.EPAgov/fedrgstr/epp-tox/2008/april/day-22/t8141.pdf
Author: Lewis G. Migliore
LGM and Associates – The Floorcovering Experts