EPA Extends Lead-Safe Education Deadline

Vintage-1978 buildings are assumed to have some lead paint unless they have been certified by a state inspector to be lead free. Common maintenance activities like sanding, cutting and demolition can expose workers and building occupants to paint chips and dust that contain toxic lead particles.

As lead-poisoning is most commonly contracted through exposure at home, the EPA’s lead-safe education requirement applies to any handyman, painter or worker who performs  maintenance or repairs where there is existing lead paint.  (Properties that are age-restricted and do not house children are exempt from these rules.)

Last year the EPA made many public announcements that all workers on these properties would require this lead-safe education. Unfortunately, the grapevine served to create more confusion than classes, and the pandemonium began to escalate.

On June 18, 2010, the Environmental Protection Agency (EPA) responded to public pressure and extended the deadline for compliance in training and education for its lead abatement Renovation, Repair and Painting (RRP) rule. Workers who would originally have been required to complete the training by April have been granted an extension for signing up for a class until September 30th, 2010.

Workers across the country had plenty of warning, but the lack of availability of classes put a strain on compliance.  They will now have until December 31, 2010, to complete the training.

Fortunately, the EPA has also delayed any enforcement actions for educational rule violations until October 1st, giving everyone a chance to comply at least with the class sign-ups.  Both major national apartment associations, NMHC and the NAA, negotiated with the EPA for the enforcement delay and the extension of the compliance period.  The National Multi Housing Council (NMHC) stated their issues were with the  training materials and other concerns.

However, trained or untrained, workers who create a health or safety violation of the rules in the interim will not receive a ‘pass’. Like before, the EPA will pursue them with fines and even criminal charges if they do not follow safety rules.

The EPA’s policies and safety procedures were developed to protect the health of residents, children and the workers themselves.  Unfortunately, the EPA found that renovators were not complying with the rules and that the safety of residents was in play. The training was an attempt to bring compliance into better focus with standardized training of the approved renovation practices.

Owners who perform their own work should note that they are also required to take the EPA’s certified renovator class.

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