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Lead Liability
Lead Based Paint
Lead exposure to workers and habitants from houses painted with lead
based paint represent a significant public health hazard in the United
States. Although lead based paint was prohibited in the United States
in 1978, a significant portion of the national housing was constructed
prior to 1978. Health concerns from lead exposure, especially to children,
have prompted Federal and State governments to enact several regulations
and initiatives designed to reduce, remove and prevent lead exposure.
All work in pre-1978 habitational structures requires strict adherence
to lead safe work practices, occupant notification, record keeping
and sometimes pre/post dust testing as outlined by the Federal Environmental
Protection Agency (EPS) and Housing and Urban Development Agency (HUD),
Title X of the Housing and Community Development Act, and related
Federal and State regulations. Lead exposure can be claimed in a lawsuit,
and therefore, all work conducted in pre-1978 structures should be
insured.
Lead Service Professionals
A government study of the lead based paint hazards in the U.S. revealed
that thirty-eight million homes, or 40% of the national home population,
will require lead hazard reduction measures. Twenty six million or
27% will require lead abatement. Lead Service Professionals include
the contractors that reduce or abate the lead based paint. Lead Consultants
investigate the lead exposure and the site to determine remediation
options, estimated costs, timetables, and safety considerations.
Renovation & Remodeling Contractors/Interim Control Contracting
Even if the intent of the work is not lead abatement or reduction,
all contractors working on pre-1978 homes have to be trained and certified
in lead safe work practices. If the work disturbs more than two square
feet of a lead painted surface, the contractors have to adhere to
strict lead safe work guidelines to contain and manage the lead dust
exposure.
Weatherization
Weatherization work in pre-1978 homes could disturb lead painted surfaces
and result in lead litigation.
Building Owners and Property Management Operations
Any lead litigation will eventually find its way to the decision makers.
It is up to the building owner and property Management Company to
make sure all work in pre-1978 homes is performed in accordance with
all safety regulations by qualified, trained, and insured businesses.
Administrators/Grantees
Federal funds for lead abatement and reduction in low income housing
flow through state, city and community agencies plus community action
agencies or other non-profit administrative agencies. The work is
done either by in-house employees of these agencies or by independent
contractors. A lawsuit involving a child exposed to lead will seek
out all involved.
Any of the following business or activities could result in lead litigation
if work is done in or on pre-1978 housing:
- Lead Service Professionals
- Contractors
- Consultants
- Testers or Dust Samplers
- Laboratories
- Remodeling and Renovation Contractors
- Demolition
- Electrician
- Painters
- Paint Scraping
- Power Tools on Painted Surfaces
- Roofers
- Removing Old Drop Ceilings
- Dry Wall Work
- Opening up Wall Cavities
- Removing Wall to Wall Carpet
- Carpenters
- Building Maintenance
- Weatherization
- Energy Efficiency Testing/Blowers
- Glass Replacement
- Duct and Register Repair/Replacement
- Minor Envelope Repair
- Weather-stripping
- Attic Venting
- Insulation of Ceiling
- Knee Walls and Floors
- Duct Wrap
- Caulking
- Filter Replacement
- Repairs of Wall Air Conditioners
- Furnaces and Evaporative Coolers
- Replacement of Refrigerators and Microwaves
- Installation of Shutters and Windows
- Management/Oversight
- Building Owners
- Building Management
- Condominium Management
- Real Estate Management
- Administrators/Grantees
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