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 is essential that retail hardware stores display the pamphlet and offer it to customers for free.  During its store visits, IKE found the following: 

·                    Only 46% (18 of 39) of the retail hardware stores 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.

·                    No clerk appeared to have read through the pamphlet in advance since no one demonstrated any familiarity with its layout or details. 

·                    A 100% score in the list below indicates that all of the chain’s stores had the EPA Pamphlet on display.  The five major retail hardware chains had the following scores:

o       Lowes              100%

o       Home Depot      83%

o       Ace                    30%

o       Menards             13%

o       Do-It-Best           0%

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 the swab 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 makes 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 swabs only indicate that lead is detected, they are not conclusive.  If the swabs turn red, EPA 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 work practices designed to reduce the generation of dangerous lead dust and make sure 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 hardware stores offer LeadCheck® swabs or an equivalent product for sale to its customers.  During its store visits, IKE found the following: 

·                    Only 44% (17 of 39) of the retail hardware stores sold the LeadCheck® swabs or its equivalent.  Only one store sold a product other than the LeadCheck® swabs.  It sold a Pro-Lab “Lead-Dust Kit for Paint and Dust”®.  The kits provides instructions and supplies to test a floor or a window sill for lead dust. Wipes with the sampled dust are sent to a laboratory and the results compared to EPA standards.  While not providing the immediate feedback of the LeadCheck® swabs, the dust wipes method provides a better measure of the risk to children’s health from lead.  

·                    The clerks do not understand how to use the home test kits or their limitations.  Despite EPA’s warning about the home test kits, only one clerk gave any kind of disclaimer saying it would not penetrate through latex paint. All others implied that it could conclusively determine whether lead-based paint was present.

·                    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 five major retail hardware chains had the following scores:

o       Lowes                78%

o       Menards             63%

o       Home Depot      50%

o       Ace                    20%

o       Do-It-Best           0%

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 unacceptable.  This is a very low threshold for acceptability since it falls far short of lead-safe work practices.  Following “acceptable advice” can easily result in a lead poisoned child or adult.

To evaluate the retail hardware stores, 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 peeling from the wood.  If the clerk asked about the age of the home, IKE said that it was built in the 1920s.  Usually the clerk only asked about the home’s age after IKE first asked whether lead-based paint might be a problem.   IKE found the following.  

·                    Only 20% of the clerks gave acceptable advice. 

·                    36 of the 45 clerks recommended dry sanding of the old paint. 

·                    Many clerks had no idea about lead-based paint or lead hazards.  The box on the next page provides an example of the disturbing advice given to IKE staff. 

·                    Only at one Home Depot and one Ace Hardware store did any clerk give sound advice with any confidence.  Only the clerk at Central Ace Hardware had a good understanding of lead dust hazards and lead-safe work practices.

·                    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 five major retail hardware chains had the following scores:

o       Menards             27%

o       Ace                   25%

o       Home Depot      22%

o       Do-It-Best         20%

o       Lowes                  8%

Advice When Asked About Lead-Based Paint

The 2003 National Paint and Coatings Associaiton - 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 wanted to give the 32 clerks that initially advised dry sanding or dry scraping of old paint a chance to correct their advice.  IKE 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:

·                    47% of the clerks maintained that sanding was appropriate.  See quotes on previous page for examples the clerk’s reasoning.

·                    Many of the clerks who corrected the advice referred to the EPA Pamphlet to help the customer understand how to deal with the hazard.  None of these clerks appeared to have read the pamphlet previously.

·                    Of the clerks continuing to give dangerous advice, most suggested that a respirator would provide adequate protection from lead dust.  While a respirator provides some protection from lead dust, 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 Menard’s clerk initially gave out acceptable advice but then changed her advice from chemical stripping to dry sanding when asked about lead-based paint.  Apparently worried about exposing the customer to lead in the liquid stripper, she sold the customer sandpaper. 

·                    Home Depot puts a product label on the lid of one quart cans of paint that makes the lead warning label.

·                    A 100% score in the list below indicates that all of the chain’s clerks changed their advice from the incorrect dry sanding or dry scraping old paint answer to the correct response.  The five major retail hardware chains had the following scores:

o       Ace                    67%

o       Lowes                56%

o       Home Depot      40%

o       Menards             38%

o       Do-It-Best         25%

Other Issues Related to Lead-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 39 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. 

·                    Lowes, and Home Depot usually stocked the required supplies for lead-safe work practices, but the supplies were difficult to find.  The supplies at the other stores could not be found despite the assistance of a clerk.

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

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 without taking 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.