According to a change in Environmental Protection Agency (EPA) regulations, effective April 22, 2010, contractors performing renovation, repair and painting projects that disturb lead-based paint in homes built before 1978, child care facilities, and schools must be certified and follow specific work practices to prevent lead contamination. The EPA mandated certification process involves the safe practices necessary to control the exposure to dust, confinement and clean up of the work area. The EPA offers the training and certification through eight hour training courses.
Under typical interpretation of the guideline most would believe that the certification relates mainly to firms engaged in the painting, paper-hanging, plastering, or similar industries where the work is primarily involved with the walls and wall surfaces where lead paint could exist.
This is not the case, however, as the standard is defined as contractors performing renovation or repair that disturbs lead based paint. This would extend to many trades well beyond simply the base trades engaged in the primary painting industry. The rule does not apply to any minor maintenance (less than six square-feet interior or 20 square-feet exterior), but window replacement, demolition contractors are not provided this exemption.
The presence of this new regulation creates exposures to firms which are not typically afforded coverage under standard general liability insurance policies. Standard ISO form general liability insurance policies contain specific exclusions for third party liability coverage related to lead and similar pollutants. Coverage for this type of exposure would be addressed with a contractors pollution legal liability policy. These policies can be obtained on a stand alone basis or can be also provided by specialty carriers on a combined pollution and general liability form. However, even pollution policies do not cover fines associated with violation of the standard.
The Midwest section of the United States is very heavily concentrated with homes dating with construction well in advance of the 1978 date as set by the standard. As a contractor, it is imperative that your firm is aware of the standard, the penalties involved with failure to meet the EPA guidelines and the process to gain certification. Last but not least, your Horton Construction Specialists can provide you with further information on how to obtain the necessary coverage to protect your company from liability claims associated with this type of work.
At The Horton Group, an informed client is always our primary goal!