Saturday, October 2, 2010

Musings Of The New Lead Paint Renovation Program (Part 2)

Since what I guess you can call a rant in reference to the Lead Safe Work Practices Law (This would be the new name of the week for this wonderful piece of legislation that has graced us). I have again sat down and thought about a a few more things that make you consider What is this all about?
Tomorrow I am about to start a job that the customer's home is located in a beautiful historical district in the city. At the current time the customer has no children living in the house but the customer is pregnant. This is one of the major sticking points in reference to the lead safe work practices law. The customer's house has a unattached studio where she works and at the current time resides. The home is currently being worked on by the homeowner and is in a state of renovation. This is where I have been thinking about the situation with working in the home.
You would be amazed about how many people still do not know that these laws exist and the process for a safe work area. The Lead Safe Practices law states that RRP Certified Contractor must clean the work area prior to any work beginning after the containment area has been established. I feel as this is a point for concern. I know that the customer has been working in this house doing other projects prior to my project, I would guess without using the lead safe work practices as outlined by the Environmental Protection Agency. You would be amazed about how many people still do not know that these laws exist and the process for a safe work area.
The law also states that after a certified contractor does a project that he or she must clean the area again to eliminate the lead dust contamination. The customer then has a legal right to have the area tested for lead contamination at the contractors expense if they feel it is necessary by a outside firm. Take a moment and ponder these issues:
1- Knowing the society that we live in, What would happen if this customer has complications with her pregnancy or her child is born with some type of lead poisoning issue who would be in the wrong?
2- What protection is built into this law to protect the contractor if they have done everything possible to protect all the parties involved?
3-What would stop the customer from coming back to the renovation company and try to hold it legal for these problems.
4-The way the law is written there is no protection for the contractor involved. The fines go directly to the contractor and not the certified renovation firm?
5-Is it possible for the customer who has been doing work in the house and not using the Lead Safe Work Practices hold the contractor accountable for issues that he or she may not have even caused because the customer contaminated themselves?
Now lets be honest here, I don't want this to appear to come off as a person who does not care for children because I have children and would do anything to protect them to the best of my ability. I do believe that most people feel the same way as I do. But, as a small business owner this type of situation would destroy a business with the types of fines that are built into the law.
This law that was set in place has great core fundamentals but it also leaves a lot to chance and many points that are up for personal interpretation as to what the law means and how it effects all the parties involved.
In closing, As a certified firm with the new EPA Lead Laws I will do anything I can do to keep people safe and healthy. But, there needs to be some sort of responsibility put onto the customer as well in this issue when it is looked at from both sides. Please look for the next installment of: Musings Of The New Lead Paint Renovation Program (Part 3)

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