The US Supreme Court declined to review a California Supreme Court decision holding multiple lead paint manufacturers responsible for cleanup costs amounting to over $400 million. The longstanding litigation was brought under the theory that lead paint contamination was a public nuisance. Lead paint has been known for decades as toxic.
Showing posts sorted by date for query lead poisoning. Sort by relevance Show all posts
Showing posts sorted by date for query lead poisoning. Sort by relevance Show all posts
Wednesday, October 17, 2018
Friday, November 17, 2017
California Court of Appeal Upholds Landmark Ruling Affirming $1.5 Billion Judgment Ordering the Removal of Lead Paint From Pre-1951 Homes
After a seventeen year legal battle that broke new legal ground, California’s Sixth District Court of Appeal unanimously upheld a lower court decision ordering three lead paint manufacturers to clean up lead paint inside older homes in the County of Santa Clara and nine other California cities and counties. Today’s ruling holds defendants Sherwin-Williams Company, NL Industries, Inc., and ConAgra Grocery Products Company responsible for the public nuisance created by lead paint inside pre-1951 homes.
Wednesday, February 15, 2017
Occupational Exposure to Lead Continues to be a Serious Health Issue
The California Department of Health has reported that the workers' occupational exposure to lead continues to be a serious public health issue.
Thursday, January 5, 2017
NJ Braces For Winter Weather --- Snow
Workers traveling the NJ highways tonight and tomorrow need to stay informed of the weather service announcements closely as an urgent Winter Weather Message has been issued for an anticipated winter storm.
URGENT - WINTER WEATHER MESSAGE
NATIONAL WEATHER SERVICE MOUNT HOLLY NJ
355 PM EST THU JAN 5 2017
...LIGHT SNOW TO AFFECT THE AREA TONIGHT...FOLLOWED BY A
POTENTIAL FOR A MORE SIGNIFICANT WINTER STORM PARTICULARLY NEAR
THE COAST IN SOUTHERN PORTIONS OF DELAWARE AND NEW JERSEY LATE
FRIDAY NIGHT INTO SATURDAY..."
OSHA has made the following suggestions to employers and employees to prepare for winter weather hazards:
Winter Driving
Although employers cannot control roadway conditions, they can promote safe driving behavior by ensuring workers: recognize the hazards of winter weather driving, for example, driving on snow/ice covered roads; are properly trained for driving in winter weather conditions; and are licensed (as applicable) for the vehicles they operate. For information about driving safely during the winter, visit OSHA's Safe Winter Driving page.
Employers should set and enforce driver safety policies. Employers should also implement an effective maintenance program for all vehicles and mechanized equipment that workers are required to operate. Crashes can be avoided. Learn more at: Motor Vehicle Safety (OSHA Safety and Health Topic’s Page).
Employers should ensure properly trained workers' inspect the following vehicle systems to determine if they are working properly:
- Brakes: Brakes should provide even and balanced braking. Also check that brake fluid is at the proper level.
- Cooling System: Ensure a proper mixture of 50/50 antifreeze and water in the cooling system at the proper level.
- Electrical System: Check the ignition system and make sure that the battery is fully charged and that the connections are clean. Check that the alternator belt is in good condition with proper tension.
- Engine: Inspect all engine systems.
- Exhaust System: Check exhaust for leaks and that all clamps and hangers are snug.
- Tires: Check for proper tread depth and no signs of damage or uneven wear. Check for proper tire inflation.
- Oil: Check that oil is at proper level.
- Visibility Systems: Inspect all exterior lights, defrosters (windshield and rear window), and wipers. Install winter windshield wipers.
An emergency kit with the following items is recommended in vehicles:
- Cellphone or two-way radio
- Windshield ice scraper
- Snow brush
- Flashlight with extra batteries
- Shovel
- Tow chain
- Traction aids (bag of sand or cat litter)
- Emergency flares
- Jumper cables
- Snacks
- Water
- Road maps
- Blankets, change of clothes
Work Zone Traffic Safety
Workers being struck by vehicles or mobile equipment lead to many work zone fatalities or injuries annually. Drivers may skid, or lose control of their vehicles more easily when driving on snow and/or ice covered roads. It is therefore, important to properly set up work zones with the traffic controls identified by signs, cones, barrels, and barriers, to protect workers. Workers exposed to vehicular traffic should wear the appropriate high visibility vest at all times, so that they can be visible to motorists (OSHA Letter of Interpretation, dated, August 5, 2009).
Learn more at: Work Zone Traffic Safety* (OSHA QuickCard™) and Highway Work Zones and Signs, Signals, and Barricades (OSHA Safety and Health Topics Page).
Stranded in a Vehicle
If you are stranded in a vehicle, stay in the vehicle. Call for emergency assistance if needed, response time may be slow in severe winter weather conditions. Notify your supervisor of your situation. Do not leave the vehicle to search for assistance unless help is visible within 100 yards. You may become disoriented and get lost in blowing and drifting snow. Display a trouble sign by hanging a brightly colored cloth on the vehicle’s radio antenna and raising the hood. Turn on the vehicle's engine for about 10 minutes each hour and run the heat to keep warm. Also, turn on the vehicle's dome light when the vehicle is running as an additional signal. Beware of carbon monoxide poisoning. Keep the exhaust pipe clear of snow, and open a downwind window slightly for ventilation.
Watch for signs of frostbite and hypothermia. Do minor exercises to maintain good blood circulation in your body. Clap hands and move arms and legs occasionally. Try not to stay in one position for too long. Stay awake, you will be less vulnerable to cold-related health problems. Use blankets, newspapers, maps, and even the removable car mats for added insulation. Avoid overexertion since cold weather puts an added strain on the heart. Unaccustomed exercise such as shoveling snow or pushing a vehicle can bring on a heart attack or make other medical conditions worse.
Shoveling Snow
Shoveling snow can be a strenuous activity, particularly because cold weather can be tasking on the body. There is a potential for exhaustion, dehydration, back injuries, or heart attacks. During snow removal in addition to following the tips for avoiding cold stress, such as taking frequent breaks in warm areas, there are other precautions workers can take to avoid injuries. Workers should warm-up before the activity, scoop small amounts of snow at a time and where possible, push the snow instead of lifting it. The use of proper lifting technique is necessary to avoid back and other injuries when shoveling snow: keep the back straight, lift with the legs and do not turn or twist the body.
Using Powered Equipment like Snow Blowers
It is important to make sure that powered equipment, such as snow blowers are properly grounded to protect workers from electric shocks or electrocutions. When performing maintenance or cleaning, make sure the equipment is properly guarded and is disconnected from power sources.
Snow blowers commonly cause lacerations or amputations when operators attempt to clear jams with the equipment turned on. Never attempt to clear a jam by hand. First, turn the snow blower off and wait for all moving parts to stop, and then use a long stick to clear wet snow or debris from the machine. Keep your hands and feet away from moving parts. Refuel a snow blower prior to starting the machine; do not add fuel when the equipment is running or when the engine is hot.
Clearing Snow from Roofs and Working at Heights
Employers must evaluate snow removal tasks for hazards and plan how to do the work safely. Workers should be aware of the potential for unexpected hazards due to the weather conditions, for example, layers of ice can form as the environmental temperature drops, making surfaces even more slippery. A surface that is weighed down by snow must be inspected by a competent person to determine if it is structurally safe for workers to access it, because it may be at risk of collapsing. Snow covered rooftops can hide hazards such as skylights that workers can fall through. Electrical hazards may also exist from overhead power lines or snow removal equipment.
Employers can protect workers from these hazardous work conditions, for example, by using snow removal methods that do not involve workers going on roofs, when and where possible. Employers should determine the right type of equipment (ladders, aerial lifts, etc.) and personal protective equipment (personal fall arrest systems, non-slip safety boots, etc.) for the job and ensure that workers are trained on how to properly use them. For more information, see OSHA's Hazard Alert: Falls and Other Hazards to Workers Removing Snow from Rooftops and Other Elevated Surfaces*.
Preventing Slips on Snow and Ice
To prevent slips, trips, and falls, employers should clear walking surfaces of snow and ice, and spread deicer, as quickly as possible after a winter storm. In addition, the following precautions will help reduce the likelihood of injuries:
- Wear proper footwear when walking on snow or ice is unavoidable, because it is especially treacherous. A pair of insulated and water resistant boots with good rubber treads is a must for walking during or after a winter storm. Keeping a pair of rubber over-shoes with good treads which fit over your street shoes is a good idea during the winter months.
- Take short steps and walk at a slower pace so you can react quickly to a change in traction, when walking on an icy or snow-covered walkway.
Repairing Downed or Damaged Power Lines
Repairing and/or replacing damaged power lines in severe winter weather conditions are especially hazardous. A major hazard is snow, because the moisture can reduce the insulation value of protective equipment, and could cause electrocution. In these conditions de-energized work is safer, but if energized work must be done, qualified workers and supervisors must first do a hazard analysis that includes evaluating the weather conditions and identifying how to safely do the job.
Other potential hazards include:
- Electrocution by contacting downed energized power lines, or contacting objects, such as broken tree limbs, in contact with downed energized power lines.
- Fires caused by an energized line or equipment failure.
- Being struck or crushed by falling tree limbs, collapsing poles, etc.
When working on downed or damaged power lines, electrical utility workers should use safe work practices, appropriate tools and equipment (including personal protective equipment (PPE)). Extra caution should be exercised when working in adverse weather conditions. Learn more at: Contact with Power Lines (OSHA Construction eTool).
Working Near Downed or Damaged power lines
Assume all power lines are energized and stay clear of any downed or damaged power lines. Establish a safe distance from power lines and report any incidents to the responsible authority. Only properly-trained electrical utility workers can handle damaged power lines. Learn more at: Contact with Power Lines (OSHA Construction eTool) and Working Safely Around Downed Electrical Wires* (OSHA Fact Sheet).
Removing Downed Trees
Clearing downed trees is a critical job during severe winter weather conditions. It is usually urgent to remove downed trees that block public roads and damage power lines. Emergency crews are often tasked with clearing downed trees.
Potential hazards include:
- Electrocution by contacting downed energized power lines or contacting broken tree limbs in contact with downed energized power lines. Learn more at: Line Clearance Tree Trimming Operations (OSHA Electric Power eTool).
- Falls from heights.
- Being injured by equipment such as chain saws (Chain Saw Safety* (OSHA QuickCard™)) and chippers (Chipper Machine Safety* (OSHA QuickCard™)).
Workers should wear PPE that protect them from the hazards of the tree removal tasks. Workers using chainsaws and chippers to clear downed trees should use: gloves, chaps, foot protection, eye protection, fall protection, hearing protection and head protection.
Only powered equipment designed for outdoor and wet conditions should be used. Use all equipment and tools (saws, chippers, etc.) properly and for the purpose that they are designed for. Ensure that equipment is always maintained in serviceable condition and inspected before use by a knowledgeable person that can identify any problems with the equipment. Do not use equipment that is not functioning properly. Equipment must have proper guarding (as applicable); safe guards must never be bypassed. All controls and safety features must function as designed by the manufacturer. Learn more at: Tree Trimming and Removal* (OSHA QuickCard™).
Friday, May 27, 2016
Ohio gun shop's lead, respiratory hazards endanger workers - FIned $195K
Federal safety and health investigators found that employees of an Ohio gun shop may face life-long health damage because their employer continues to expose them tolead hazards and has failed to establish a respiratory protection program.
Friday, April 8, 2016
NJ: The Lead Paint Poisoning Crisis Continues
 |
| Lead Paint (Photo credit: Wikipedia) |
Lead paint for decades has been a problem in New Jersey decaying housing for decades. The consequences have been the lead poisoning of children. Children are particularly vulnerable to the health hazard that results in neurological disorders. Recent attention is again focussed on the issue. Today's post is shared from northjersey.com.
"The state will nearly double its spending to $22 million on lead safety programs for children this year, Governor Christie said Tuesday, amid sustained calls for attention and money to an issue that has for years been largely hidden from public view.
Thursday, March 3, 2016
Property Developer Pleads Guilty To Exposing Workers To Asbestos During Removal Operations
U.S. Attorney William J. Hochul, Jr., in Rochester, NY, announced today that Anastasios “Taso” Kolokouris, 32, of Avon, NY, pleaded guilty to violating the Clean Air Act asbestos work practice standards involving asbestos removal and disturbance before Chief U.S. District Judge Frank P. Geraci. The charge carries a maximum sentence of five years in prison and a $250,000 fine.
Wednesday, August 12, 2015
Lead: Bringing it Home From Work
NIOSH reports that homes may be contaminated by toxic substances such as lead when employees bring home the contaminates. Bystander exposure occurs when employees bring home toxic substances on their bodies, clothing or other objects. Lead affects the developing nervous system of children, and no safe blood lead level (BLL) in children has been identified:
Monday, September 15, 2014
Sweeping Lawsuit Targets Soccer Concussions
| Today's post is shared from nytimes.com Soccer joined the growing legal debate over head injuries Wednesday after FIFA and some of the sport's governing bodies in the United States were made the target of a lawsuit seeking new safety rules. A group of soccer parents and players filed the lawsuit in federal court in San Francisco. Lawyers representing the parents and players are asking a judge to grant the lawsuit class-action status on behalf of thousands of current and former soccer players who competed for teams governed by FIFA and several U.S.-based soccer organizations. The NFL, NHL and NCAA have all faced similar lawsuits. In a proposed legal settlement in another case, the NCAA last month said it will toughen return-to-play rules for players who receive head blows. It also agreed to create a $70 million fund to pay for thousands of current and former athletes to undergo testing to determine whether they suffered brain trauma. Seattle-based lawyer Steve Berman helped negotiate the NCAA settlement and also represents the soccer parents and players who filed the lawsuit Wednesday. The soccer lawsuit doesn't demand monetary damages, but it is demanding that the soccer governing bodies alter safety rules including limiting headers for players 17 years old and younger. "We believe it is imperative we force these organizations to put a stop to hazardous practices that put players at unnecessary risk," Berman said. The lawsuit also wants FIFA to allow for temporary medical substitutions... |
Monday, July 28, 2014
Attorneys Who Won Landmark Lead Paint Judgment and Cleanup Named Public Justice Trial Lawyer of the Year
The attorneys who successfully fought for lead paint cleanup in People of California v. Atlantic
The 27 attorneys won a $1.15 billion judgment against paint manufacturers last year, successfully arguing that lead paint in homes is a public nuisance that creates a quantifiable risk of harm to children who reside in or visit those homes. Leading the team of attorneys were (in alphabetical order) Mary E. Alexander of Mary Alexander & Associates, P.C. in San Francisco, Joseph W. Cotchett and Nancy L. Fineman of Cotchett, Pitre & McCarthy, LLP in Burlingame, Calif., Peter Earle of the Law Office of Peter Earle in Milwaukee, Wis., and Fidelma L. Fitzpatrick of the firm Motley Rice in Providence, R.I. “This is for the children of California,” Mary Alexander said upon accepting the award. Fidelma Fitzpatrick noted that her participation in People of California was the greatest privilege of her professional career. In California, tens of thousands of children each year have blood lead levels that exceed the Centers for Disease Control and Prevention threshold. There is virtual unanimity in the medical and scientific community that the primary cause of lead poisoning in children is the lead paint in their homes. It is also widely understood that the only way to prevent lead poisoning is to remove or remediate the paint in a child’s environment before a child gets poisoned. ... |
Friday, July 18, 2014
FedEx indicted for drug dealing. Not a delivery guy — the whole company.
There might be something more interesting than a tennis ball in that FedEx package.File that illicit drug revenue under “miscellaneous.” That’s more or less the policy the shipping giant FedEx followed starting in the mid-aughts, according to a 15-count indictment filed in U.S. District Court in California on Thursday. According to prosecutors, the company knew the shipping services it provided to two Internet pharmacies ran afoul of the law. “FedEx knew that it was delivering drugs to dealers and addicts,” said a press release from the U.S. Attorney’s Office of the Northern District of California.  FedEx workers sort through a pile of boxes at aFedEx sort facility in 2010. (Justin Sullivan/Getty Images) The company didn’t just deny the charges — it said that monitoring packages for illegal substances isn’t its job. In another words: Don’t prosecute the messenger. “We are a transportation company — we are not law enforcement,” said Patrick Fitzgerald, senior vice president... |
Friday, June 27, 2014
One in 10 deaths among working-age adults due to excessive drinking
| Shared from the cdc.com Excessive alcohol use accounts for one in 10 deaths among working-age adults ages 20-64 years in the United States, according to a report from the Centers for Disease Control and Prevention published today in Preventing Chronic Disease. Excessive alcohol use led to approximately 88,000 deaths per year from 2006 to 2010, and shortened the lives of those who died by about 30 years. These deaths were due to health effects from drinking too much over time, such as breast cancer, liver disease, and heart disease; and health effects from drinking too much in a short period of time, such as violence, alcohol poisoning, and motor vehicle crashes. In total, there were 2.5 million years of potential life lost each year due to excessive alcohol use. Nearly 70 percent of deaths due to excessive drinking involved working-age adults, and about 70 percent of the deaths involved males. About 5 percent of the deaths involved people under age 21. The highest death rate due to excessive drinking was in New Mexico (51 deaths per 100,000 population), and the lowest was in New Jersey (19.1 per 100,000). “Excessive alcohol use is a leading cause of preventable death that kills many Americans in the prime of their lives,” said Ursula E. Bauer, Ph.D., M.P.H., director of CDC’s National Center for Chronic Disease Prevention and Health Promotion. “We need to redouble our efforts to implement scientifically... |
Thursday, May 1, 2014
MisLead: America's Secret Epidemic
America continues to be MisLead about the epidemic of lead paint poisoning. This movie expands upon the recent successful trial against the lead paint pigment industry in California, and explains why the taxpayers are paying the estimated costs of over $50 Billion each year as a result of impairments and disabilities flowing from on going lead contamination.
"MisLEAD: America’s Secret Epidemic is the first documentary film that undertakes an intellectually rigorous, emotionally compelling and illuminating inquiry into a hidden epidemic that impacts one in three American children today. Tamara Rubin, an Oregon mother whose children were poisoned, travels the country talking with parents and top experts across many fields—uncovering surprising answers."
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Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.
Related articles
Tuesday, April 29, 2014
Lead-Paint Decision: Providing A Safer Place for Children
| Judge Orders Lead Paint Companies to Pay $1.15 Billion into State Fund to Clean Affected Homes Today's post about lead paint contamination and the victory for children, workers and their families in Califronia is shared from publicjustice.net  When Nathaniel Stone moved into an Oakland, Calif. apartment with his 2-month-old son Antonio, he said he was simply looking for a place where the two could “lay our heads.” He never considered the possibility that their home could contain lead paint. But, like many other California homes, the toxin was buried just under the surface of its walls, windowsills and floorboards. Their apartment was austere—a run-down structure with nails sticking through the carpet. In an effort to protect Antonio from the dangers underfoot, Stone kept his son on a bed against a decaying wall. As the baby toyed with peeling paint, he was also consuming a huge amount of lead particles. Stone isn’t sure how long Antonio was exposed to the toxin, but looking back, he said he noticed that his once-quiet boy had become fussy. Nothing Stone said elicited a response from Antonio, and Stone said he occasionally raised his voice in frustration. What he didn’t realize was that the lead poisoning had caused Antonio to lose his hearing. The guilt from that realization was, for Stone, the worst part of the ordeal. “I felt like I had punished him for something he didn’t know he did,” he said. When doctors... |
….
Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.
Related articles
Thursday, April 17, 2014
EPA Enforcement Actions Against New England Painting Companies
Several recent settlements ensure that New England businesses performing painting and home renovation work are complying with requirements designed to protect children from exposure to lead-based paint during painting and other renovation activities. The settlements also contain financial penalties which must be paid for alleged violations of EPA’s Renovation, Repair and Painting (RRP) Rule.
EPA’s RRP Rule is designed to prevent exposure to lead-based paint and/or lead-based paint hazards, especially for children and infants. The rule requires individuals performing renovations for compensation at most pre-1978 housing and child-occupied facilities to be properly trained. There are certification and training requirements for individual renovators and firms performing renovations to ensure that safe work practices are followed during renovations.
“Infants’ and children’s developing bodies are especially vulnerable to the harmful effects of lead exposure, which can include lifelong impacts such as developmental impairment, learning disabilities, impaired hearing, reduced attention span, hyperactivity and behavioral problems,” said Curt Spalding, regional administrator of EPA’s New England office. “The common-sense and easy-to-follow safe work practices found in the RRP rule are designed to help ensure that people are protecting their kids from suffering serious, lifelong health impacts from lead exposure.”
EPA recently reached settlements in the following lead paint RRP cases:
East Coast Pros LLC, Norwalk, Conn. – This company was hired in 2012 to perform renovations at the First Congregational Church on the Green in Norwalk. The church facilities were built before 1978 and included the L’il Critters Preschool facility, with approximately 80 children below the age of 6 enrolled at the time the renovation was being performed. An EPA inspection indicated that the company started renovation work and disturbed more than 20 square feet of exterior painted surfaces without using lead-safe work practices. EPA identified six RRP Rule violations, including: failing to provide the EPA information pamphlet “Renovate Right” to the owner or adult occupants of the L’il Critters Preschool facility, which is a child-occupied facility; failing to provide the EPA information pamphlet “Renovate Right” to the parents/guardians of children at the L’il Critters Preschool facility; not maintaining any records regarding TSCA and RRP rule compliance; failing to have RRP firm certification; failing to ensure that the company’s renovators were RRP-certified; and failing to contain renovation waste. The company has agreed to an expedited settlement of $3,577.
Bill Vizzo Contractors, LLC/Michael’s Painting, Shelton, Conn. – This company will pay a penalty of $2,200 for failing to comply with lead-based paint renovation requirements during renovation work at a residence in Monroe, Conn., in violation of the Toxic Substances Control Act, the Residential Lead-Based Paint Hazard Reduction Act, and the Renovation, Repair and Painting (RRP) Rule.
Gerard Therrien, Manchester, N.H. – Gerard Therrien performed painting and renovation work at a single family home in Manchester, N.H. During an inspection of the work, EPA identified RRP Rule violations, including: failing to properly cover the ground at the exterior of the building with plastic sheeting or other disposable impermeable material; failing to properly cover interior surfaces with taped-down plastic sheeting or other impermeable material; failing to contain waste from renovation activities to prevent releases of dust and debris; failing to obtain initial firm certification from EPA; failing to obtain a course completion certificate (proof of certification); failing to post signs clearly defining the work area at the work site. This matter was negotiated prior to filing an administrative action and Mr. Therrien agreed to pay a $2,980 penalty under EPA’s Pilot RRP Penalty Program for Micro-Businesses.
Collegiate Entrepreneurs, Inc., Braintree, Mass. – This corporation that specializes in renovating and painting apartment buildings and residences in Massachusetts and throughout New England paid a $30,000 penalty for alleged violations of the pre-renovation education and record keeping requirements of the Renovation Repair and Painting Rule. Their violations included failing to provide EPA’s lead hazard information pamphlet to customers before undertaking renovation projects in several Mass. communities, and failing to comply with the record-keeping requirements in connection with seven Mass. renovation projects during the summer of 2010.
EPA also recently announced settlements for alleged violations of the lead RRP rule for work to convert the former Frisbee School in Kittery, Maine into a community center. The companies involved were James J. Welch & Co., Inc., of Salem, Mass., hired as the primary contractor for the job, and New Hampshire Plate Glass Corp. of Portsmouth, N.H., which was hired as a subcontractor to install new replacement windows in the building. Under the settlements, JJ Welch will pay a penalty of $3,565, while NH Glass will pay a fine of $10,890.
EPA’s Renovation, Repair and Painting (RRP) Rule became effective on April 22, 2010 and allows for the assessment of penalties that may reach up to a maximum of $37,500 per violation per day.
Since 2012, EPA has pursued 14 actions in New England to enforce the RRP Rule. Continued enforcement of the lead paint Renovation, Repair and Painting Rule ensures both that children are being protected from avoidable exposure to lead, as well as there being a “level playing field” for contractors following the health-protective work practices in the regulation.
More information:
- Lead paint RRP Rule (http://www.epa.gov/lead/rrp/index.html)
- Why lead is a health hazard (http://www.epa.gov/lead/learn-about-lead.html)
Related Stories:
EPA’s RRP Rule is designed to prevent exposure to lead-based paint and/or lead-based paint hazards, especially for children and infants. The rule requires individuals performing renovations for compensation at most pre-1978 housing and child-occupied facilities to be properly trained. There are certification and training requirements for individual renovators and firms performing renovations to ensure that safe work practices are followed during renovations.
“Infants’ and children’s developing bodies are especially vulnerable to the harmful effects of lead exposure, which can include lifelong impacts such as developmental impairment, learning disabilities, impaired hearing, reduced attention span, hyperactivity and behavioral problems,” said Curt Spalding, regional administrator of EPA’s New England office. “The common-sense and easy-to-follow safe work practices found in the RRP rule are designed to help ensure that people are protecting their kids from suffering serious, lifelong health impacts from lead exposure.”
EPA recently reached settlements in the following lead paint RRP cases:
East Coast Pros LLC, Norwalk, Conn. – This company was hired in 2012 to perform renovations at the First Congregational Church on the Green in Norwalk. The church facilities were built before 1978 and included the L’il Critters Preschool facility, with approximately 80 children below the age of 6 enrolled at the time the renovation was being performed. An EPA inspection indicated that the company started renovation work and disturbed more than 20 square feet of exterior painted surfaces without using lead-safe work practices. EPA identified six RRP Rule violations, including: failing to provide the EPA information pamphlet “Renovate Right” to the owner or adult occupants of the L’il Critters Preschool facility, which is a child-occupied facility; failing to provide the EPA information pamphlet “Renovate Right” to the parents/guardians of children at the L’il Critters Preschool facility; not maintaining any records regarding TSCA and RRP rule compliance; failing to have RRP firm certification; failing to ensure that the company’s renovators were RRP-certified; and failing to contain renovation waste. The company has agreed to an expedited settlement of $3,577.
Bill Vizzo Contractors, LLC/Michael’s Painting, Shelton, Conn. – This company will pay a penalty of $2,200 for failing to comply with lead-based paint renovation requirements during renovation work at a residence in Monroe, Conn., in violation of the Toxic Substances Control Act, the Residential Lead-Based Paint Hazard Reduction Act, and the Renovation, Repair and Painting (RRP) Rule.
Gerard Therrien, Manchester, N.H. – Gerard Therrien performed painting and renovation work at a single family home in Manchester, N.H. During an inspection of the work, EPA identified RRP Rule violations, including: failing to properly cover the ground at the exterior of the building with plastic sheeting or other disposable impermeable material; failing to properly cover interior surfaces with taped-down plastic sheeting or other impermeable material; failing to contain waste from renovation activities to prevent releases of dust and debris; failing to obtain initial firm certification from EPA; failing to obtain a course completion certificate (proof of certification); failing to post signs clearly defining the work area at the work site. This matter was negotiated prior to filing an administrative action and Mr. Therrien agreed to pay a $2,980 penalty under EPA’s Pilot RRP Penalty Program for Micro-Businesses.
Collegiate Entrepreneurs, Inc., Braintree, Mass. – This corporation that specializes in renovating and painting apartment buildings and residences in Massachusetts and throughout New England paid a $30,000 penalty for alleged violations of the pre-renovation education and record keeping requirements of the Renovation Repair and Painting Rule. Their violations included failing to provide EPA’s lead hazard information pamphlet to customers before undertaking renovation projects in several Mass. communities, and failing to comply with the record-keeping requirements in connection with seven Mass. renovation projects during the summer of 2010.
EPA also recently announced settlements for alleged violations of the lead RRP rule for work to convert the former Frisbee School in Kittery, Maine into a community center. The companies involved were James J. Welch & Co., Inc., of Salem, Mass., hired as the primary contractor for the job, and New Hampshire Plate Glass Corp. of Portsmouth, N.H., which was hired as a subcontractor to install new replacement windows in the building. Under the settlements, JJ Welch will pay a penalty of $3,565, while NH Glass will pay a fine of $10,890.
EPA’s Renovation, Repair and Painting (RRP) Rule became effective on April 22, 2010 and allows for the assessment of penalties that may reach up to a maximum of $37,500 per violation per day.
Since 2012, EPA has pursued 14 actions in New England to enforce the RRP Rule. Continued enforcement of the lead paint Renovation, Repair and Painting Rule ensures both that children are being protected from avoidable exposure to lead, as well as there being a “level playing field” for contractors following the health-protective work practices in the regulation.
More information:
- Lead paint RRP Rule (http://www.epa.gov/lead/rrp/index.html)
- Why lead is a health hazard (http://www.epa.gov/lead/learn-about-lead.html)
Related Stories:
Apr 09, 2014
BOSTON – In an effort to improve compliance with laws that protect children from lead paint poisoning, EPA is sending letters to approximately 200 home renovation and painting contractors, property management companies ...
Dec 17, 2013
In an historic ruling, a California Judge, held the lead paint pigment manufacturers liable for the damage they caused children by placing toxic lead pigment into paint. The companies will be held accountable for the ...
Dec 17, 2013
Lead paint manufacturers were held liable for creating a public nuisance. The Court ordered them to pay $1.1 Billion dollars in damages. The claim was prosecuted by a team of lawyers including those from Motley Rice LLC, ...
Dec 26, 2013
She has represented public entities in litigation against the lead paint industry including the multi-billion dollar Rhode Island trial. Fidelma Fitzpatrick is a nationally recognized advocate of children's and women's health issues ...
Wednesday, April 9, 2014
EPA Begins Effort to Reduce Children’s Exposure to Lead Paint in New Haven, Conn. Area
Today's post was shared by US EPA News and comes from yosemite.epa.gov
Release Date: 04/07/2014 BOSTON – In an effort to improve compliance with laws that protect children from lead paint poisoning, EPA is sending letters to approximately 200 home renovation and painting contractors, property management companies and landlords in and around New Haven, Conn. announcing a compliance assistance and enforcement initiative. The EPA letter outlines steps EPA is taking to increase compliance on the part of these entities with the federal lead-based paint Renovation, Repair and Painting (RRP) Rule under the Toxic Substances Control Act. EPA’s RRP Rule, which became effective in April 2010, is designed to prevent children’s exposure to lead-based paint and/or lead-based paint hazards resulting from renovation, repair and repainting projects in residences, schools and other buildings where children are likely to be. This Rule requires individual renovators and firms performing renovations to be trained and certified so that they follow lead safe work practices during renovations of pre-1978 housing and child-occupied facilities in order to protect children from lead poisoning. The letter EPA is sending to New Haven-area contractors, landlords and property management companies invites these entities to an information session at the New Haven Health Department office, 54 Meadow Street, New Haven, on April 16, 2014 from 3 to 6 pm where EPA will provide an overview of the RRP Rule requirements, and introduce an expedited settlement... |
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Thursday, December 26, 2013
Buffalo attorney had key role in lead-paint ruling
Fidelma Fitzpatrick is a seasoned trial attorney with the law firm of Motley Rice LLC. She is exceptionally skilled in both negotiated settlements and complex trial litigation. Fidelma assisted in crafted the historic multi-billion dollar tobacco settlement agreement between the US State Attorney Generals and the tobacco industry. She has represented public entities in litigation against the lead paint industry including the multi-billion dollar Rhode Island trial. Fidelma Fitzpatrick is a nationally recognized advocate of children's and women's health issues. Today's post is shared from the buffalonews.com.
A Buffalo attorney played a key role in a billion-dollar court decision last week in California.
Three lead-paint makers were ordered by Santa Clara Superior Court Judge James P. Kleinberg to create the $1.1 billion fund to protect children against lead paint produced decades earlier, despite knowing it endangered human health, especially for children.
The verdict calls for the companies to put the money in a special health department fund dedicated to lead-poisoning prevention. The municipalities would then draw an allotted amount for use on lead inspections, repairs and removal effecting hundreds of thousands of homes. “From a public health standpoint, the decision is absolutely monumental. The good that this will bring to the children of California cannot be understated. Children today and future generations will be protected from lead poisoning because of it,” Fitzpatrick said. She has worked on the case for the South Carolina-based law firm Motley Rice for the past 13 years. In the bench trial, Kleinberg found Sherwin-Williams Co., NL Industries and ConAgra Grocery Products Co. guilty of creating a public nuisance by manufacturing and selling lead paint long after... |
Thursday, December 19, 2013
Ruling in California case may prompt new lawsuits over lead paint
| The recent $1.1 Billion judgment against the lead paint companies in California for creating a public nuisance may have widespread impact across the nation. Workers' hired to implement the remediation effort will have to be adequately educated concerning safety procedure to avoid lead poisoning. The today's post is share from kansascity.com . Paint makers could face a surge of lawsuits after a California state court judge ordered three companies to pay $1.1 billion to help government agencies get rid of lead from an estimated 5 million homes in the state. The ruling, while preliminary, was a rare loss for an industry that had turned back some 50 lawsuits filed nationwide over the last 25 years by public agencies seeking billions of dollars to remove lead-based paint from homes built before the federal government banned the product from the U.S. market in 1987. "The California ruling is certainly a significant development," said David Logan, a class action expert and dean of Roger Williams University Law in Rhode Island. "If it gets upheld, it will open a new path to victory for public agencies." Lisa Rickard, president of the U.S. Chamber of Commerce's Institute for Legal Reform, predicted "a surge of frivolous lawsuits" because of Monday's ruling, which the industry plans to appeal. Exposure to lead is linked to learning disabilities and other health problems, especially among poor children living in older dwellings. The Centers for Disease Control... |
Tuesday, December 17, 2013
Firms to pay $1.1-billion in long-running lead paint lawsuit
A Northern California judge Monday ordered three companies to pay $1.1 billion to remove lead-based paint from inside California homes, concluding a 13-year legal case.
Santa Clara County Superior Court Judge James P. Kleinberg ruled that ConAgra, NL Industries and Sherwin-Williams created a “public nuisance” by selling lead-based paint for decades before it was banned in 1978, finding them liable for exposing children to a known poison.
The opinion set aside $605 million, or 55% of the judgment, to pay for lead removal in Los Angeles County. The money will go into a fund administered by the state’s Childhood Lead Poisoning Prevention Branch and will pay for inspections and lead abatement on the inside walls of tens of thousands of homes.
“The court is convinced there are thousands of California children in the Jurisdictions whose lives can be improved, if not saved through a lead abatement plan,” the judge’s ruling said.
Local governments sued major paint manufacturers in 2000,...
[Click here to see the rest of this post]
Click here to read the complete Decision. People v. Atlantic Richfield Company, et al.
Superior Court of California, County of Santa Clara
Case No. 1-00-CV-788657
Monday, December 9, 2013
Winter Weather Alert: Generators
 Dangerous ice and snow is sweeping across the plains, south, and heading east. There are expected to be widespread power outages associated with this large storm. Are you planning on using a portable gas generator to help you during or after the storm this week? When dealing with severe winter weather and power outages some people take unnecessary risks. Do not take extra risks with your generator. It can be deadly. Its invisible odorless CO exhaust can kill you and your family in just minutes. Be safe. Put your generator:
Finally, know the initial symptoms of CO poisoning:
* Minimum distance recommended by the U.S. Centers for Disease Control and Prevention. Here’s more information on carbon monoxide. This address for this post is: http://www.cpsc.gov/onsafety/2013/12/winter-weather-alert-generators/ |
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