New requirements for identifying and cleaning up harmful dust in certain homes and childcare facilities across the country categorically state that any level of lead paint dust is hazardous and can cause lead poisoning. According to a CNN news report, the U.S. Environmental Protection Agency (EPA) finalized these new rules on Oct. 24. This is based on data that show that even low levels of lead exposure can be dangerous. Particularly in children, it can hurt brain development and lead to lasting health effects, the agency says.
Young children are also vulnerable to lead poisoning as they tend to crawl on floors or touch windowsills. These surfaces can be contaminated with lead paint or lead dust leading to exposure when children put their hands in their mouths. Lead has been phased out in paints in the United States for decades, but it is still found in older buildings including many in New York City.
Significance of These New Regulations
Lead poisoning is often identified when a child is found to have high levels of lead in their blood. In such cases, the EPA requires that the hazard be cleaned up and the area tested to make sure that the lead paint levels don’t exceed certain limits. But the new regulations established by the Biden administration sets a zero-tolerance standard for the detection of lead in homes or childcare facilities.
So, any lead level detected in a home will trigger the need for action, which means a certified lead abatement specialist must come in and clean it up. The location will not be considered “cleaned” until the lowest lead levels are reached. These new rules essentially strengthen the standards by which lead abatement is considered complete to 5 micrograms per square foot for dust on floors, 40 micrograms per square foot for windowsills and 100 micrograms per square foot for window troughs — as measured by an EPA-recognized laboratory. The new regulation is expected to reduce lead exposure in up to 1.2 million people nationwide each year.
Lead Paint Laws in New York City
New York City has strict laws regarding lead paint to protect public health, especially for children under the age of 6 years who are most at risk of lead poisoning. Local Law 1, also known as the Lead Poisoning Prevention Act, mandates that owners/managers of buildings constructed before 1960 — and some between 1960 and 1978 — identify and safely remediate any lead-based paint hazards. Building owners/mangers must conduct annual inspections for lead paint in units where children under the age of 6 years reside, and promptly address any peeling paint or damage that can release lead dust into the environment.
The law requires certified lead-safe work practices to prevent lead dust from spreading during repairs or renovations. Violations of lead paint laws can result in fines and legal penalties for property owners/managers. New York City’s Department of Housing Preservation and Development (HPD) and Department of Health and Mental Hygiene (DOHMH) oversee enforcement, and both agencies provide resources for tenants and property owners/managers regarding lead paint.
New York Lead Poisoning Lawyer
Whether you have been living as a tenant at a private apartment complex or in a public housing unit (the Projects), please remember that you have legal rights. If your child has been diagnosed with high blood lead levels, regardless of whether you live in public or private housing, you may be able to file a personal injury lawsuit against the NYCHA (the Projects) or private landlords (building owners and building managers) for damages. Those who have been affected can seek compensation for damages including medical expenses, cost of diagnostic tests, permanent injuries, lost income and benefits, disabilities, past and future pain and suffering, etc.
If your child has been affected by lead poisoning, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
Our law firm recovered $1,162,500 for a child who suffered lead poisoning from paint in her apartment. The child’s injuries were subtle and difficult to recognize. We recovered $162,500 above the $1 million dollar total insurance policy in this case. Despite the judge’s efforts to settle the case for $950,000, we fought hard and recovered $162,500 more than the insurance policy of one million dollars. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com
Source: https://www.cnn.com/2024/10/24/health/epa-lead-paint-dust-rules/index.html