Your Kid's Health:

Can You Trust Your Paint and Pesticide Store?

IKE 2005 Retail Store Survey

IV.    Specific Results for Lead-Based Paint and Lead Hazards

Quotes from retail store clerks to IKE in 2005 when asked about the potential for lead hazards in repairing a door in a house built in the 1920s.

“Some environmentally friendly folks say that lead 'might' cause some problems, but the chances are astronomically low.  We are talking like 4 in 10 million.  You could eat a bowl of chips and it 'might' be a problem.”  That lead was absorbed by the digestive tract only, "but I don't want to down play it, because it has happened and that's why they have the warning."  “Call your realtor and strong arm them, telling them you are going to call the attorney general.”

“Most paints don't have lead anymore; if they do, they're obligated to label it.”

“That's just to say that lead IS toxic, but it's one of those things that doesn't kill you for years.”

“We don't have nothing like that, so you don’t need to worry.”

“No Problem.  Just don't eat it”

“It's just latex.”

“Not very likely, but if you do have it, you're going to want to sand it all down.”

“You can tell by the texture, bring some in.”

“It's something they found in plaster. After it sits for a while it gets lead in it.” “That nonsense, I mean look at me--and I do it all the time.”

“You gotta get off as much as you can, 'cause you know, that's the problem.” (by scraping)

"That's a bunch of bullcrap, is what that is." "I don't really think they put lead paint in a room, it's for outdoors."

Initial Advice Regarding Paint Surface Preparation

An Indiana contractor or landlord who is dry sanding, dry scraping, or burning paint inside residential property built before 1960 commits a Class D felony unless a licensed lead inspector or risk assessor confirms in writing that the paint is not lead-based paint.  The law applies to homeowners if a guest is present or lead-poisoned child lives there.  See IC 13-17-14 or 326 IAC 23-5-1.  HUD also prohibits these dangerous work practices on projects it funds.  See 24 CFR 35.140. 

IKE believes that any advice that calls for dry sanding or dry scraping is dangerous advice and, therefore, unacceptable.  This threshold for acceptability is very low since it falls far short of lead-safe work practices.  Following “acceptable advice” can still result in a lead poisoned child or adult especially if the paint is deteriorated.

To evaluate the retail stores selling paint, IKE asked paint department clerks to provide advice to repaint a wood door to a child’s room in an old house.  The paint was described as brittle and flaking from the wood.  If the clerk asked about the age of the home, IKE said that it was built in the 1929.  An encouraging number of clerks asked about the home’s age before IKE asked whether lead-based paint might be a problem.   IKE found the following. 

·                    47% (35 of 75) of clerks gave acceptable advice.

·                    Six of 75 clerks gave very good advice.  This advice usually involved asking the age of the house, helping the customer review the EPA pamphlet, and recommending use of HEPA vacuum and plastic to control dust.

·                    Many clerks had a much better grasp of the issues than they did in 2004.  Yet there were still employees in every chain that had no accurate knowledge about lead-based paint or lead hazards.  The box on the next page provides detailed descriptions of the disturbing advice given. 

·                    A 100% score on the list below indicates that all of the chain’s clerks recommended something other than dry sanding or dry scraping old paint.  The nine major retail chains selling paint had the following scores:

Final Advice After Prompted With Warning

The 2003 National Paint and Coatings Association - State Attorneys General Agreement on Lead Warnings required that cans of consumer paint packaged after September 30, 2003 have a label on the lid stating “WARNING!  If you scrape, sand or remove old paint, you may release lead dust.  LEAD IS TOXIC.  Contact the National Lead Information Hotline at 1-800-424-LEAD or log on to www.epa.gov/lead.”  By January 2004, most of the paint cans in retail hardware stores had this label. 

IKE gave the 40 clerks that initially advised dry sanding or dry scraping of old paint a chance to correct their advice.  IKE staff asked these clerks whether the customer should worry about lead-based paint.  Usually, the issue came up when the clerk showed IKE a can of primer and IKE asked about the Lead Warning statement on the lid. 

Despite the prompt by IKE, most hardware stores still did not provide adequate advice:

·                    31% of the clerks maintained that sanding or scraping was appropriate.  See quotes in sidebar for examples the clerk’s reasoning.

·                    Many of the clerks who corrected their improper advice referred to the EPA Pamphlet to help the customer understand how to deal with the hazard.

·                    Of the clerks continuing to give dangerous advice, several suggested that a respirator would provide adequate protection from lead dust.  While a respirator provides some protection from inhaling lead dust while working, the lead dust settles on the floor and other surfaces.  If it is not cleaned up, it will poison the residents, especially young children.

·                    A 100% score in the list below indicates that all of the chain’s clerks changed their improper advice (that dry sanding or dry scraping old paint should be done) to a correct response (that these activities are dangerous).  The five major retail chains selling paint had the following scores.

EPA “Protect Your Family From Lead in Your Home” Pamphlet

Since 1996, the federal government has made the Environmental Protection Agency’s (EPA) “Protect Your Family From Lead in Your Home” Pamphlet (EPA Pamphlet) the primary document to explain to people the dangers of lead-based paint and lead dust.  In residential property built before 1978, landlords must give a copy to tenants; sellers must give it to buyers; and contractors disturbing more than two square feet of interior paint must give a copy to owners and occupants. 

In 2003, the National Paint and Coatings Association (NPCA) agreed in a settlement with 50 state attorney generals to have its member paint manufacturers distribute the pamphlet to paint retailers and encourage them to offer customer the pamphlet to customers for free. 

Therefore, IKE believes it should be standard practice that retail stores selling paint display the pamphlet and offer it to customers for free.  During its store visits, IKE found the following: 

·                    Only 60% (45 of 75) of the retail stores that sold paint had the EPA pamphlet available for free to customers. 

·                    Most of the pamphlets were from National Paint and Coatings Association.  The version includes a “Keep It Clean” summary and is in both Spanish and English.

·                    Many clerks were aware of the pamphlet and several clearly had read it.  These clerks showed the customer the key sections. 

·                    Some stores had run out of pamphlets.  IKE gave them credit to one when they promised that additional books were on order and would arrive by a specific date. 

·                    A 100% score in the list below indicates that all of the chain’s stores had the EPA pamphlet on display.  The nine major retail chains selling paint had the following scores.

Home Test Kits Such as LeadCheck®

LeadCheck® swabs are the most common home test kit for lead paint on the market.  After activating the swab, the consumer can rub it on a surface to determine whether lead may be present in paint, dust or other material.  The swab turns red if it detects lead.  Their relatively low cost and immediate results make them convenient and popular for consumers and contractors.  However, the EPA pamphlet warns that “consumers should not rely on these tests before doing renovations or to assure safety.” 

Since the swab only indicates if lead is detected, it is not conclusive.  If the swabs turn red, the LeadCheck manufacturer encourages contractors, owners, or occupants to use lead-safe work practices or have a lead inspection, risk assessment or clearance examination done by a licensed lead professional.  Lead-safe work practices are methods and procedures designed to reduce the generation of dangerous lead dust and ensure the work area is properly cleaned up.  The “Lead Paint Safety Field Guide for Painting, Home Maintenance, and Renovation Work” by the U.S. Department of Housing and Urban Development (HUD Field Guide) provides thorough guidance on lead-safe work practices.    

Therefore, IKE believes it is essential that retail stores selling paint offer LeadCheck® swabs or an equivalent product for sale to their customers.  During its store visits, IKE found the following: 

·                    Only 29% (22 of 75) of the retail stores selling paint sold the LeadCheck® swabs or its equivalent.    

·                    Porter Paints reportedly stopped selling LeadCheck swabs because of liability concerns by PPG – their corporate owner.  They sold the swabs before being bought by PPG.

·                    Sherwin-Williams reportedly stopped selling LeadCheck swabs because of a combination of slow sales and liability concerns but it is ultimately the store manager’s decision.

·                    A 100% score in the list below indicates that all of the chain’s stores had the LeadCheck® swab or its equivalent for sale.  The nine major retail chains selling paint had the following scores.

Other Issues Related to Lead-Based Paint Hazards

To properly serve their customers, retail hardware stores need to provide guidance on lead-safe work practices and stock the supplies needed to use these practices.  Based on its survey of 75 stores, IKE found the following:

·                    None of the stores had the outstanding “Lead Paint Safety Field Guide for Painting, Home Maintenance, and Renovation Work” by the U.S. Department of Housing and Urban Development (HUD Field Guide) for sale or for reference.  While not required to stock this guide, the guide is is essential to providing customers with the basics of lead-safe work practices.  You can order a printed version of the Field Guide in Spanish and English from the National Lead Information Center.  Contact the Center by calling 800-424-LEAD.

·                    Using EPA and HUD training materials for guidance, IKE believes that essential supplies include:

o       High Efficiency Particulate Air (HEPA) Vacuum – HEPA vacuums are essential to clean up lead dust in the home.  Only Lowes and Home Depot stocked a good selection of HEPA vacuums. Ace and Do-It-Best stores did not appear stock any HEPA vacuums suitable for lead dust cleanup.

o       Boot Covers or Tack Pads – Lead dust gets on the shoes of workers and can be tracked around the home unless workers take care to control it.  Plastic boot covers or sheets of plastic covered with a sticky substance work best.   Only Lowes and Home Depot consistently stocked either of these supplies.

o       Six-mil Thick Plastic – Lead-safe work practices usually involves wet methods.  Plastic sheeting is needed to protect floors and furnishings from water.  It usually takes plastic that is six millimeters thick to stop water from leaking through.