Ignorance Is Not Bliss.

What Apartment Owners and Managers Need to Know To Protect Their Employees, Their Residents and the Environment

LILA BALTMAN

Three words that should forever be linked together in the minds of all apartment owners and managers are: lead, asbestos, and responsibility. Just as residents and employees have the right to know about any severe storms blowing their way, or any dangerous criminals running around on the loose, all residents and employees have the right to know about any poisonous materials floating around in the air.

Environmentally speaking, what people can't see, can hurt them. Therefore, it is the responsibility of all owners and managers to inform, train, and educate their staff members and residents about any and all environmental issues that might prove to be dangerous - even deadly.

While carpet and floortiles can easily be replaced the health and safety of your apartment community cannot.

For the past few years, members of the multihousing industry have had to become very familiar with the Real Estate Disclosure Rule. As you may already know, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of housing and Urban Development (HUD) developed the Real Estate Disclosure Rule in order to protect people from lead in their homes.

This rule requires the owner of any home built before 1978 to inform buyers and renters about known lead-based paint hazards in the home, and to distribute the federal pamphlet, 'Protect Your Family From Lead In Your Home.' Under the Lead Disclosure Rule, sellers and lessors must not only provide purchasers and lessees with a lead hazard information pamphlet, they must also allow purchasers a 10-day period to inspect housing units for the presence of lead-based paint. In addition, sales contract and leasing agreements must include certain notification and disclosure language.

WHAT IS LEAD POISONING?

Lead poisoning is the number-one environmental hazard to young children. High blood levels of lead can permanently damage the nervous system and cause health problems such as reduced intelligence and attention span, hearing loss, learning problems, and behavioral difficulties. Young children are particularly vulnerable because their nervous systems are still developing. Pregnant women are also very susceptible. Among low-income children living in older housing, 16 percent suffer from elevated blood lead levels.

Manufacturers used to put lead pigments in paint because the pigments make the paint last longer and cling to surfaces better. However, as we know now, problems can occur later. Paint that is disturbed or that is breaking down with age can produce contaminated dust. Today, lead-based paint is no longer used in homes, on children's toys, or on household furniture.

If you would like more information about the Lead Disclosure Rule, visit EPA's Web site at www.epa.gov/opptintr/lead/.

SOME FACTS ABOUT LEAD

Lead exposure can harm young children and babies even before they are born.

Even children who seem healthy can have high levels of lead in their bodies.

People have many options for reducing lead hazards. In most cases, lead-based paint that is in good condition is not a hazard.

Removing lead-based paint improperly can increase the danger to residents.

HOW TO SIGNIFICANTLY REDUCE LEAD HAZARDS

To permanently remove lead hazards, you must hire a lead abatement contractor. Abatement (or permanent hazard elimination) methods include removing, sealing, or enclosing lead-based paint with special materials. Just painting over the hazard with regular paint is not enough.

Always hire a person with special training for correcting lead problems - someone who knows how to do this work safely and has the proper equipment to clean up thoroughly. It is highly recommended that you hire a certified lead abatement contractor. Certified contractors will employ qualified workers and follow strict safety rules as set by the state or federal government.

THE EPA IS NOW ASSESSING FINES FOR VIOLATORS OF THE LEAD DISCLOSURE RULE

What you don't know about the Lead Disclosure Rule, or what you fail to do about it, will now cost you.

The EPA recently had to fine two property owners in Philadelphia for violating the Lead Disclosure Rule. One property owner was fined $5,500 for failing to provide the required lead information pamphlet to new residents. The resident's children, ages 5 and 3, developed very high blood lead levels during the family's occupancy of the apartment.

The other fine was in the amount of $14,850 and was given to the property owner for a multitude of violations: failing to disclose the presence of lead-based paint hazards; failing to provide the lead information pamphlet; failing to include the required 'lead warning statement;' and failing to include a list of records or reports regarding lead and acknowledgment statements in the lease.

Both property owners, however, do have the right to a hearing to contest the alleged violations and proposed penalties.

As a result of these penalties, the EPA joined forces with the City Department of Public Health and assembled a mailout to the 35,000 licensed property owners in the Philadelphia area. This mailout included suggested language that may be used in a lease agreement that will meet the legal requirements for disclosure of the presence (or absence) of any lead-based paint hazard, under both federal and city regulations.

In addition, the EPA recently assessed its first penalty order to a federal facility, the Kingsville Naval Air Station in Kingsville, Texas, for violations of the Lead Disclosure Rule. This penalty, in the amount of $408,375, was the largest penalty given out since the EPA and HUD started enforcing the Disclosure Rule on September 6, 1996.

In the case against the Kingsville Naval Air Station, EPA alleged that the military housing office should have disclosed known information regarding lead-based paint to residents of 11 military housing apartment units before finalizing their lease agreements. In all 11 leases cited in the complaint, children under the age of 6 resided on the property.

The fourth penalty assessed by the EPA was in the amount of $11,000 and was issued against a real estate firm in Ponca City, Oklahoma. In this case, EPA alleged that the real estate agent failed to provide required information regarding lead-based paint before leasing housing to a mother with a young child.

ASBESTOS: STILL AN ISSUE AFTER ALL THESE YEARS

Suffice to say that if you have a building built before 1980, you had better have a person trained in asbestos.

For years asbestos was known as 'the material of a thousand uses.' It was used for insulation, fireproofing, and soundproofing, as well as a number of other applications. But in recent years asbestos has been found to cause chronic and often fatal lung diseases, including asbestosis and certain forms of lung cancer.

Like lead-based paint, when asbestos is left undisturbed, the asbestos fibers pose little threat. However, if asbestos fibers are disturbed, the fibers become released from their bonding material and then filter out into the air, causing serious health threats.

HOW TO DEAL WITH AN ASBESTOS PROBLEM

There are three basic methods of cleaning up an asbestos problem:

1. Encapsulation involves holding asbestos-containing materials intact and preventing the release of asbestos fibers. One method of encapsulation involves sealing the surface by applying a paint-like substance. It simply seals the surface of the material.

2. Enclosure involves sealing off the area which contains asbestos materials from other areas. Areas which are easily sectored off are good candidates for this method.

3. Removal. Finally, you can have a certified and insured asbestos contractor remove the material.

PREPARATION IS THE BEST PROTECTION

While you may be tempted to assume that only demolition crews or remodeling workers really require training in asbestos, the Occupational Safety and Health Administration (OSHA) has made it clear that employers need to protect all their employees.

Property owners and managers must comply with federal asbestos regulations that took effect October 1, 1995. These regulations, which were developed by OSHA, establish guidelines to protect individuals who work in areas where asbestos may be present.

The rules apply to all buildings which contain asbestos, regardless of when the structure was built. However, the standards are particularly stringent for all buildings constructed before 1981. In pre-1981 construction, the regulations presume that asbestos is contained in all sprayed or trowled-on surfacing materials such as ceiling texturing or plaster and thermal system insulation such as pipe wrap and heating covers. The standards also presume that asbestos is contained in any resilient floor covering which was installed prior to 1981, such as floor tiles and linoleum. This presumption can only be rebutted if a certified asbestos inspector conducts an inspection of the property.

FOR MORE INFORMATION ABOUT ASBESTOS

More information about the OSHA regulations can be obtained by calling the OSHA regional office in Dallas at 214/767-4731. In addition, OSHA, in cooperation with the National Apartment Association and the National Multi Housing Council, has developed a computer program which can be used to determine maintenance and training requirements for specific properties. The program outlines the major provisions of the legislation and also answers frequently asked questions about asbestos. The program may be downloaded from the Internet at www.OSHA.GOV.

STEPS TO BECOMING ENVIRONMENTALLY RESPONSIBLE

In order to become more environmentally aware and responsible, it is strongly suggested that you do the following:

Do extensive reading. Know what the regulations are and how they affect your company.

Network with other professionals and experts. Discuss environmental issues and learn more about what others are doing to comply with regulations in their companies.

Use Consultants. Consultants who are experts in the field can be a big help - especially if they are specialists in areas that you may not be comfortable with or where you lack specific knowledge.

SAFETY VIDEOS

LEAD DISCLOSURE

Now that the EPA has issued its first penalty orders for violation of the Lead Disclosure Rule, NAA highly recommends that all apartment managers and leasing consultants take the time to review NAA's 'LeadSmart Apartment Leasing Video Training Program.' A definite must-see for all leasing consultants and supervisors of pre-1978 apartment properties, this video training program provides information to help appropriate personnel comply with federal lead-based paint disclosure regulations. The seven-minute video shows leasing consultants and their supervisors how to:

Comfortably explain the purpose of lead-based paint disclosure to prospective or existing residents.

Become familiar with the information contained in the federal lead information piece, 'Protect Your Family From Lead In Your Home.'

Use the federally required lessor disclosure, agent statement and lessee acknowledgment of information on lead-based paint information and lead-based paint hazards form, be able to provide future residents with information about the presence, location, and condition of lead-based paint in their apartment community.

Provide future residents with any available records or reports concerning lead-based paint.

Respond appropriately to residents' questions about lead-based paint.

The cost of the video is $19.99 plus $5 shipping for NAA members and $29.99 plus $5 shipping for non-members. Also included with the video are the training plan with reference materials, a question and answer guide, and a quiz with answer key. If you are interested in ordering a copy of the video or would like more information, call 800/972-1074.

ASBESTOS TRAINING PROGRAM

NAA has partnered with Coastal Video Communications Corporation, a leader in safety and environmental training, to offer NAA members two award-winning videos on asbestos risk and exposure. The complete training set includes an asbestos training plan, two 23-minute video programs, 'Asbestos Awareness: Are You At Risk?' and 'Asbestos Awareness: Controlling Exposure,' and 10 copies each of two employee handbooks. To comply with OSHA training requirements for Class IV asbestos work, property owners and managers should follow the two-hour asbestos training plan which uses the videos, workbooks, and quizzes that are part of the training set. For more information or to order the complete training set, contact Coastal Video Communications at 800/494-1140.

OTHER SAFETY VIDEOS

If you are interested in purchasing other short safety videos on important environmental issues and emergencies such as bloodborne pathogens, electrical safety, emergencies and crisis management, indoor air quality, and fire safety training, call Long Island Productions, Inc. at 919/544-8663; or fax [phone].

PROTECT YOURSELF FROM BLOODBORNE PATHOGENS

It used to be the case that you could come to the rescue of a co-worker or resident without giving much thought to your own safety. Today, it's not all that easy. Deadly diseases can stand between you and acts of heroism. Although there are many diseases carried by blood, it's important to know about two in particular: the hepatitis B virus (HBV) and the human immunodeficiency virus (HIV), which causes AIDS.

Hepatitis B virus (HBV) is a virus which causes liver disease. It is a bigger threat than AIDS because it is a more common bloodborne pathogen. If you become infected with HBV, you may feel you have the flu. You may be so sick you may have to be hospitalized. Your blood, saliva, and other body fluids may be infectious. You may be vaccinated before or immediately after exposure to help prevent HBV infection.

HIV is transmitted primarily through sexual contact, but may also be transmitted by contact with blood and certain body fluids. Sooner or later, most people with HIV will get AIDS. They become unable to fight infections and other diseases. Worst of all, AIDS cannot yet be cured.

SAFETY PRECAUTIONS PERTAINING TO BLOODBORNE PATHOGENS

Treat all blood and body fluids as potentially infectious.

You can't identify every person who may transmit infection. Therefore you can't afford to take any chances, because an exposure can result in infection.

If you're not trained in first aid, make as little contact as possible with the injured individual. If the person is bleeding, leave on all regular personal protective equipment and get a pair of leak-proof gloves to wear underneath your work gloves. It is even recommended that you wear two pairs of gloves when cleaning up after an accident. Avoid tearing your gloves on equipment.

If you get blood or other potentially infectious materials on your skin, immediately wash with non-abrasive soap and water. If the mucous membranes of your eyes, nose, and mouth are exposed, immediately flush with running water at a sink or eyewash fountain.

Use disposable towels to soak up most of the blood. Put all contaminated towels and waste in a sealed color-coded or labeled leak-proof container. Dispose of it as regulated waste.

Clean with an appropriate disinfecting solution. Ten parts water to one part bleach will do it. Bleach will kill both HIV and HBV. After cleaning, promptly disinfect mops and other cleaning equipment.

If you choose to help an injured individual, focus on stopping the bleeding. Once bleeding is under control, you do not need to give further assistance. Stay with the person and wait for emergency help to arrive. U

Baltman is assistant editor of Units.