Vermont Lead Abatement Contractor Information

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Regulations
OSHA Standards for Lead in Construction 29CFR 1926.62
Sets standards for occupational exposure to lead for protection of workers.
If exposure is above the action level, the employer must implement:
Medical monitoring and surveillance
Employee training and education.
If exposure is above the PEL the employer must implement:
Medical monitoring and surveillance
Employee training and education
Monitoring of dust, air, soil, etc..
Engineering controls for work practices
Compliance program
Respiratory protection
Hygiene facilities
OSHA 29 CFR 1926
Sets general safety standards for construction sites
OSHA 29 CFR 1910.1200
Sets hazard identification and employee communication standards
OSHA 29 CFR 1910.134
Sets respiratory protection standards
HUD Requirements for Evaluation & Control of Lead-Based Paint Hazards in Public Housing / Title X, Housing and Community Development Act, Sections 1012 and 1013
Housing and Urban Development Lead Based Paint Standards issued in 1992. Currently under review with expected revisions to be released mid 1999.
HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing
Although not regulations, these guidelines provide detailed comprehensive lead-based paint abatement information. Because the Vermont Housing and Conservation Board administers HUD grant money for lead abatement projects, all standards in the guidelines are implemented on VHCB projects.
Resource and Conservation Recovery Act (RCRA)
Sets standards for the handling of hazardous waste
Vermont Regulations for Hazardous Waste Management
Vermont State regulations for handling and disposal of hazardous waste.
V.S.A Title 18, Chapter 38 Vermont Regulations for Lead Control
Vermont State standards for Lead based paint activities and lead abatement companies including certification standards.
Act 165 Vermont Lead Poisoning Prevention Act
Vermont State standards for EMP’s (Essential Maintenance Practices) to train property owners and landlords in basic maintenance practices of lead based paint.
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Legal and Insurance

Points of consideration for legal and insurance issues:
LEGAL LIABILITIES
Criminal liability – Violations of statutes such as the Federal Clean Air Act
Regulatory liability – Violations of regulatory agency rules such as OSHA, EPA, etc..
Civil liability – disputes between private parties such as contract or torte liability cases.
INSURANCE
Workers Compensation – Compensatory insurance for workers injured on the job
Comprehensive General Liability – Standard insurance that protects the policy holder against claims that for personal or property damage
Professional Liability Errors and Omissions – Specialized coverage for professionals and organizations that protects from liability associated with professional service, such as inspectors project designers, doctors, lawyers, etc.
Builders Risk – Specialized coverage designed to cover losses incurred on projects before an owner takes possession of a project such as loss by fire.
BONDING
Bonding – A security procedure sometimes used in conjunction with construction related projects. A bond involves promises by a bonding company to pay sums of money or to do something for an "obligee" in the event that the purchaser of the bond fails to live up to or fails to perform a part of a contract or agreement. Bonds are generally classified as: Bid Bonds, Payment Bonds, or Performance Bonds
The Vermont Housing and Conservation Board requires abatement contractors to have at the minimum the following coverage to perform work on projects:
Commercial General Liability with a limit of liability per occurrence at $1,000,000 and an aggregate limit of $1,000,000 for bodily injury and property damage.
Comprehensive All risk Motor Vehicle Liability Insurance with minimum bodily injury limits of $100,000 per person, per accident and property damage limits of $300,000 per accident.
 
Worker’s Compensation Insurance as applicable to all laws and regulations.
Notes on Commercial General Liability (CGL) Insurance and lead abatement activities
Unless specifically included, CGL policies in general do not cover all instances of liability associated with lead abatement activities. Most CGL polices have exclusions from liability of gradually released pollution or contamination and exclusions for errors and omissions in providing professional services. Lead particles released during abatement activities would not be covered under the "pollution exclusion". Similarly, lead abatement contractors and consultants would not be covered for professional errors by a standard CGL policy. There are several insurance companies that offer specialized CGL or lead liability policies to meet the needs of the abatement industry however, these policies tend to be fairly expensive, have high deductibles and can require many conditions for coverage. Contractors should work closely with their insurance brokers to match liability coverage to appropriately cover all of the risks and liability costs associated with their particular business.
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Testing Methods

Lead in paint
Testing by X-Ray Florescence Analyzers (XRF) can be performed by individuals licensed as Lead Inspectors/Risk Assessors. Direct measuring device that can determine whether or not the paint tested is a lead hazard at the Federal Standard of 1.0 mg/ sq. cm..
Paint Chip sampling can determine lead levels of paint by lab analysis
Lead in Soil
Soil samples are collected by a coring device for lab analysis
EPA levels for lead in soil:
Less than 400 parts per million (PPM) not hazardous
400 – 1200 PPM hazardous if children are present
1200 PPM Hazardous, abatement or interim controls necessary
Vermont Regulations for Lead Control section 2.5.2, (C), (2)
"If clearance sampling shows that post-abatement soil samples are more than 2,000 PPM above preexisting levels, additional soil treatment shall be required"
Lead in Dust
Dust sampling is performed by licensed inspectors / risk assessors. Samples are sent to accredited labs to determine lead levels measured as micrograms per square foot.
HUD/EPA Clearance Levels for Lead Dust until 9/15/2000
40 micrograms / sq. ft Floors
250 micrograms / sq. ft Sills
400 micrograms / sq. ft Window Wells
Lead in Water
Water is regulated by the EPA to a standard of 15 parts per billion.
Lead in Air
Air samples may be taken by supervisors, inspectors, or other testing consultants to determine airborne lead exposures. Samples typically are collected by means of personal air monitoring pumps that draw air through a 37mm closed-face filter cassette at flow rates of 1-4 liters of air per minute. See NIOSH method 7082 and OSHA Technical Manual section II, Chapter 1, Personal Air Sampling for Contaminants
OSHA Worker Exposure Levels
>30 mcg/cu meter 8 hour TWA = action level
>50 mcg/cu meter 8 hour TWA = permissible exposure limit
Lead in Waste
Hazardous waste may be determined by Toxicity Characteristic Leaching Procedure (TCLP) testing. Soil or waste samples are sent for lab analysis to determine the amount of lead that will leach from the waste. Regulated level is 5 PPM.
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Community Relations

Community relations are important for abatement projects because of the complexity of the regulatory process associated with such projects. A Good community relation plan can allow the abatement project to proceed with a minimum of inconvenience and disruption to people and organizations involved with the project.
The community relations plan can be best executed in a 4 phase process:
Planning and Development
Includes selection of a community relations coordinator, defining resident and contractor needs, and development of a plan
Implementation
Includes news releases if necessary, resident relocation, project starting dates, unit re-entry dates
Maintenance
Includes meetings with project managers, meetings with residents to address individual problems, and re-evaluation of the plan as the process proceeds to make necessary changes
Evaluation
Includes evaluation during the abatement process and final evaluation after the project is completed.
More detailed information on developing community relations plans are included in most lead abatement supervisor/contractor courses.
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Employee Information, Training, and Certification
Lead abatement workers need a training program that addresses at a minimum, outlines of various federal, state and local regulatory agencies. These would include but are not limited to the topics as follows:
Training can be divided into 4 major categories:
Training required on federal housing projects (HUD)
Training required by state and local regulations (VSA title 18)
Training required by federal regulations (OSHA, EPA, etc..)
Recommended training required as a prudent action (manufacturer courses on use of equipment)
Vermont Regulations for Lead Control describes in detail training and certification requirements for lead workers, supervisors, contractors, and inspectors as noted below:
Section 2 Certification Standards for Lead Abatement Contractors
Section 4 Certification Standards for Consulting Contractors and Individual Consultants
Section 5 Accreditation Standards for Training Programs and Courses
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Project Management

Supervisors and Contractors should be able to understand the roles of various parties involved in an abatement project such as:
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Abatement Methods
Abatement methods can be grouped into the following major categories:
Other factors to consider for implementation of abatement controls and methods would be:
Component Replacement
Component replacement usually involves removal and replacement of building components such as baseboards, trim, casings, stops, doors, windows, railings, siding, floors, decking, cabinets, etc..
Enclosure
Enclosure is the installation of a rigid durable barrier to seal off lead painted building components. Types of enclosures would include wrapping exterior components with aluminum coil stock, installing wood paneling or drywall over interior walls, installing underlayment over painted floors, installing laminates on painted countertops, installing tile or brick veneers over painted surfaces, etc…
Encapsulation
Encapsulants are coatings that are not mechanically adhered to a lead painted surface. Depending on the particular circumstance and the type of product, an encapsulant can be an interim control or an abatement method.
Paint Removal
Paint removal methods can be categorized as:
a. removal by heat gun
b. mechanical removal such as HEPA sanding, HEPA vacuum blasting, HEPA needle guns, and wet scraping
c. chemical removal
For a full description of lead abatement and interim control methods, Please see:
HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing Chapters 11 and 12
 
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Contract Specifications
Contracts are used for bidding purposes and serve to offer legal protection of the parties named in the contract. Contracts should include the following:
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Supervisory Responsibilities
Good supervisory skills are important for any job site, but are especially important on abatement projects. Abatement supervisors are responsible for:
Supervisors should be able to:
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Record Keeping
Abatement contractors need to keep written records of the following on each job site:
 
Hazardous Waste Records - Records of Hazardous waste quantities and disposition
Worker Training and Certification - Records of employee training, copies of licenses held, including refreshers and 3rd party exams
Safety Inspections - Records of times and dates of site safety inspections
Clearance Testing - Records of times and dates of clearance tests and their results
Construction Drawing and Specifications - Records of each drawing and specification for each unit
Contractor entity License - Copy of State of Vermont lead entity license must be on site.
Personal air sampling results - Results of environmental air monitoring should be posted at each job site so that workplace procedures can be changed if testing determines employees are exposed to lead hazards.
Personnel sign in log - Names of all persons entering the job site, reasons for entry, entrance and exit times.
Fit tests - Results of each employee respirator fit test.
Emergency action plan - Procedures to follow in an emergency, includes phone numbers of nearest, fire and rescue service, local police departments, local hospitals, local health officer, and directions for emergency personnel to the job site location.
MSDS’s - Material Safety Data Sheets for each chemical used on site. Explains the chemicals properties, dangers, proper usage. (See Hazard Communication Plan Below)
V.S.A Title 18 Chapter 38 - Copy of the current State of Vermont Regulations for Lead Control
Project permit - Vermont Department of Health Lead Permit must be posted at each job site.
Project Waivers - Copies of any waivers issued by the Department of Health must be posted with the permit
Unlicensed Contractors - The Vermont Department of Health will allow by waiver, entrance of contractors and subcontractors to abatement projects for renovation activities after successful visual inspection but before clearance testing. The Dept. requires on the application for waiver, the name, address, and phone of each company and employee entering the abated area, expected dates for visual and clearance, scope of each company’s activities, duration of the activities.
Names of testing, clearance, and/or monitoring consultants - Name of individuals or companies doing testing, visual, clearance, or monitoring.
Hazard Communication Plan - A written plan that defines how a company will comply with the 29 CFR 1910.1200 standard for properly informing employees of work place hazards associated with exposure to toxic substances.
Lead Compliance Plan - A written Plan that describes how a company will comply with the 29 CFR 1926.62 lead in construction standard. This should be a comprehensive strategy for protecting workers, which accounts for potential exposure of employees, and describes control alternatives to minimize exposure. A Model Lead Compliance plan is included with the HUD Guidelines, Chapter 9, "Worker Protection", form 9.1
Decontamination Plan - A plan outlining decontamination and containment procedures to be implemented to prevent the spread of contamination on the job site.
Respiratory Protection Plan - Outlines the selection and use of respirators requirements for fit testing and the identification of airborne lead exposure.
Medical Determination Form - Describes the medical evaluation of each employee to determine medical suitability to wear respiratory protection equipment.
Additionally, the abatement contractor must prepare and implement a medical monitoring program for employees exposed to lead hazards. Details of medical monitoring requirements may be found in OSHA 29 CFR 1926.62
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Cost Estimating
Unit cost estimating is the most common estimating method for abatement projects. This would include square foot, lineal foot, and per unit prices. Many factors can influence the accuracy of the unit price these would include:
Interior Dust Abatement – Vacuuming, cleaning, mopping, sealing cracks. Porous or rough surfaces can be hard to clean to clearance levels.
Paint Abatement – Type and surface to be abated can affect cost.
Soil Abatement – Areas to be abated or treated need to be precisely measured, type of replacement material needs to be considered (seeding, sodding, etc.)
Exterior Dust Abatement – Exterior square footage needs to be measured accurately, texture of surfaces need to be taken into account, need for bulk debris removal considered.
Waste Disposal Costs – Nature of the waste will determine cost. Some debris can pass TCLP testing and is not hazardous. Other waste such as from chemical removal is obviously hazardous.
Worker Training and License fees – Training and licensing fees are always a factor to be considered. Additionally, time away from a job to get an employee trained should be taken into account.
Safety, Health and Monitoring costs – Personal protective gear such as respirators, disposable suits, and gloves need to be included. Also costs of medical monitoring, blood tests, on-site air monitoring.
Moving and Relocation Costs – Tenant and owner relocations can affect contract price. Also, the amount of belongings left behind. Types of critical barriers over belongings can drive up costs.
Bonding and Liability Insurance Cost – Nature of coverage and type of liability covered together with bonding issues necessary for some contracts can greatly affect project costs.
Environmental Monitoring – Costs of environmental monitoring can sometimes be the responsibility of the contractor. This would include air monitoring, site visuals, clearance sampling and testing.
Clearance Testing – Clearance testing includes the cost of the inspectors’ time and the cost to have a laboratory test the samples and report the results. However, on clearance it should be noted that failures on clearance samples will require additional cleaning in the unit. This could also affect relocation costs with tenants, a further testing cost, and in some cases performance bond issues.
Damages – resolution to disputes over private property damage can be an issue. These types of complaints are more common in units where tenant belongings remain during the abatement process.
Inspection Fees – Some projects require a full lead based paint inspection or risk assessment to identify hazards that can be a part of the contractors costs.
Engineering Problems – Some methods of abatement are more difficult to implement than others. Unforeseen problems can arise such as a chemical not dissolving layers of paint. Carpentry issues can cause problems such as doors and windows being replaced were not measured correctly. Containment issues can be more involved than expected. Some areas to be abated may not be easy to reach and require special scaffolding or other set up.
Weather – Weather can make or break exterior stabilization jobs. High wind or rain will require the job be shut down until conditions permit.
Geographic location – Out of town jobs incur extra travel, food, and lodging costs.
Delivery of materials and equipment may be difficult.
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Environmental Monitoring
Environmental monitoring involves testing for lead in paint, dust, soil, water, and air by the previously described testing methods. By far the most important to abatement workers is airborne exposure monitoring. Air is monitored on an abatement project to determine workers exposure to lead dust and to determine if protective gear and methods are appropriate to the actual exposure. Measurement of lead exposure is expressed as micrograms of lead per cubic meter of air during an 8 hour Time Weighted Average (TWA). Personal air sampling shall be conducted by the job site supervisor. Personal air samples are obtained by sample pumps worn by the worker during the work day with filter cassettes that are near the worker’s breathing zone. The pump collects air through the filter cassettes that are then sent to a laboratory for analysis of lead content. Records of all personal air samples are to be kept on site during a project and should include the dates, times, and names of the persons and activities sampled. The name and license number of the supervisor conducting the sampling should also be included.
Further information on air monitoring is available from The Vermont Dept. of Health Lead & Asbestos Control Div.(802) 865-7786. Also see V.S.A. title 18, Chapter 38 "Vermont Regulations for Lead Control, OSHA 1926.62 Subpart D "Lead" Occupational Health and Environmental Controls, and the HUD Guidelines, Chapter 9, "Worker Protection" Section B, "Exposure Assessement"
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Clearance
After an abatement activity is completed, the work site must be inspected against regulatory standards appropriate to the project. This would include:
Visual Clearance Shall be conducted by certified inspectors/risk assessors. Visual clearance determines if work detailed on specifications was completed satisfactorily and to ensure that no visible dust remains on surfaces. Visual clearance is necessary before priming and re-painting of surfaces.
Dust Clearance Can be conducted after a successful visual inspection and after a final cleaning. Dust Samples to be collected by a certified inspector/risk assessor. Passing levels for lead dust are as follows:
Floors 40 mcg/sq. ft.
Window Sills 250 mcg/sq. ft.
Window Wells 400 mcg/sq. ft.
Soil Clearance Is conducted after an abatement project. Samples are to be collected by a certified inspector/risk assessor. Guidelines for soil sampling are outlined in Vermont Regulations for Lead Control. If post abatement soil sampling shows more than 2000 PPM above pre existing levels, then additional soil treatment may be required.
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