The U.S. Environmental Protection Agency (EPA) is really cracking down on eliminating childhood lead poisoning. You may or may not have heard about the LRRP Rule or the Lead Renovation, Repair and Painting Rule. It applies to child-occupied facilities, including schools, and if not followed could result in a fine of $37,500 per violation per day.

When does this LRRP Rule apply?
When a school district performs renovations or repairs to interior or exterior painted surfaces through sanding, scraping, cutting, removing, or disturbing the surface or performing any carpentry, plumbing, electrical work, painting preparation, or window or door replacement. So, basically, if you are messing with a pre-1978 facility in any way, this Rule applies.

What does your school need to do to comply with the LRRP Rule?

1) Certification
There are certain training and/or certification requirements that must be met before anyone works on your facilities. This includes your own facility or maintenance employees in addition to any contractor you might hire. To find a training center near you, visit http://cfpub.epa.gov/flpp/searchrrp_training.htm. There are about 10 training facilities in Oklahoma and a list of trainers who are willing to travel to you.

2) Pre-Renovation Education and Notification
You are to distribute EPA’s Renovate Right booklet to your workers and stakeholders. The booklet can be found at http://www.epa.gov/lead/pubs/renovaterightbrochure.pdf.
It gives basics about the dangers of lead paint and how to ensure you are being as safe as possible. In my opinion, this is one of the most important steps as it shows the public and your employees that you care about their safety. If you show that your school isn’t careless, then the likelihood of the EPA coming to investigate lessens.

3) Containment of Renovation Activities
Ensure the work area is contained. The booklet mentioned above shows a room blocked off with plastic drapery. The goal is to eliminate exposure as much as possible. I’d also plan these renovation activities to take place outside of school hours or during holiday breaks, when possible.

4) Dust Minimization
When using certain tools, be mindful to minimize the use of high-speed mechanized tools without HEPA exhaust control and open-flame or heat guns to remove the lead-based paint.

5) Clean Up
The EPA requests that the work area be cleaned up daily as well as waste products being stored or disposed of to minimize dust and debris. Be sure to follow EPA regulations and policies relating to transporting and disposing of lead-based paint waste from renovation sites.

6) Post-Renovation Recordkeeping
Typically with business records, we advise you maintain them for 5 years, so plan to do the same here. This includes any certifications you needed to verify, reports certifying lead-based paint is not present, logs showing clean up was done daily, to whom the booklet was distributed, and so on. Visit www.epa.gov/lead/pubs/samplechecklist.pdf for suggested recordkeeping.

7) Prepare for the Worst (an EPA visit) but Hope for the Best
A majority focus of the EPA this year will be on lead-based paint compliance. There will be inspections and records requests, primarily following a tip or complaint. Perhaps it’s a good idea to perform a self-audit with your maintenance department. And, if you find that the LRRP isn’t being followed, ensure that the practices change immediately and consider reporting it to the EPA to avoid more liability later. Of course, always consult your retained legal counsel when in doubt.

Now what did that have to do with unemployment? If you are following the LRRP Rule, then your employee who quits because of working with lead-based paint won’t be likely to win an unemployment claim. Typically, employees who work in maintenance know they have a “dirty job,” but when there is a perception that the school is apathetic about the safety of the children or its employees, that creates more problems than just an unemployment claim.