Recently, House Bill 456 made Delaware the first state to ban lead paint on outdoor structures, including water towers, bridges, playground equipment, and roads. Lead poisoning is serious and can have life-long consequences. There is no safe level of exposure and no way to reverse the effects of exposure. Exposure to lead can cause:
Anyone violating the ban of lead-based paint on outdoor fixtures in Delaware could face a fine of $10,000 per day of violation. Delaware’s ban on lead-based paint for outdoor structures comes after a two-year campaign initiated by a nurse and an environmentalist. Both women are residents of the state. Although this bill marks great progress, legislatures know there is still more to be done.
Currently, there are no regulations in place for the removal of pre-existing lead-based paint on outdoor structures. When lead paint is removed, dust and particles enter the air. This places workers, as well as residents, at risk of lead exposure through inhaling or ingesting the particles in the atmosphere.
The Environmental Protection Agency’s (EPA) Lead Renovation, Repair and Painting Rule protects the public from lead-based paint hazards associated with renovation or removal of lead-based paint indoors and on the outside of homes. Certain safety regulations currently include:
Although this matter is hoped to be resolved sometime in July 2019, for now, Delaware still allows sandblasting to remove lead-based paint from outdoor structures.
The Consumer Product Safety Commission (CPSC) banned the use of lead-based paint for indoor use in 1978. Although pre-existing paint is subject to the stringent EPA regulations mentioned above, there are no mandatory inspections in place to inform renters that their rental home is lead-free.
The Centers for Disease Control and Prevention (CDC) recommend that healthcare agencies develop policies for childhood lead poisoning prevention. The recommendations include the following three prevention areas:
Although House Bill 424 would have allowed for a second childhood lead exposure test at two years old, it was not approved. The state looks to 2019 for further advances in policies regarding risk detection and poisoning prevention.
If you were exposed to lead-based paint at work or your child was exposed to lead-based paint in your home, contact a Delaware environmental lawyer at Jacobs & Crumplar, P.A. Our dedicated attorneys can help obtain the financial resources you need to move forward. Call 302-656-5445 or complete our online form for a free case evaluation. From our offices in Wilmington and Georgetown, Delaware, we represent clients in Dover, Newcastle County, and Sussex County.