October 7, 2003

MEMO TO: Lead Poisoning Prevention Advocates and Program Staff

FROM: Alliance for Healthy Homes

RE: Attorneys General Agreement with Paint Industry for Free Lead Safety Training

This is to update you on free trainings in lead-safe work practices (LSWP) and the status of the implementation of the recent agreement between state Attorneys General and the National Paint and Coatings Association (NPCA). This memo also provides additional background information about the genesis of this training and suggestions of steps that public health professionals and advocates can take to ensure that this training advances prevention.

Lead Safe Work Practices Courses

Under its agreement with the state AGs, NPCA is obligated to provide 150 trainings in lead safe work practices each year for the next four years. NPCA has contracted with Atrium Environmental Health and Safety Services to coordinate all aspects of this training. Atrium Environmental Health and Safety Services and NPCA have approached state agencies to “sign off” on scheduled trainings and for assistance in marketing the training, but many state agencies have limited ability to directly reach those in at-risk communities who might need this training. In many cases, local organizations are well positioned to identify those who will benefit most from this training, help spread the word to get them to attend, and identify appropriate training locations. The Alliance hopes that local health departments, housing agencies, and community-based organizations will make the most of the free training in LSWP by taking the initiative to help bring this training to those in their communities who need it most.

Atrium Environmental Health and Safety Services’ website (www.leadsafetraining.org) has a calendar with a tentative schedule of trainings listed by city and date over the next year. NPCA and Atrium Environmental Health and Safety Services have made clear to the Alliance that these dates are tentative and “illustrative” and that Atrium Environmental Health and Safety Services is prepared to adjust its schedule to offer additional training in cities and on dates for which there is demand.

If your organization wants to see LSWP training available at no charge in your community, the Alliance urges you to contact Atrium Environmental Health and Safety Services by calling their toll-free number at 1-866-689-9484 or emailing jcombs@atriumehs.com or use the online form at www.leadsafetraining.org. You should clarify that you represent a local organization that wants to work with Atrium Environmental Health and Safety Services to have multiple people in your community trained, rather than an individual who is seeking this training. You should feel free to identify any specific locations where the training should be offered, suggest preferred dates and times that will best meet your community’s needs, and specify any needs for training in languages other than English.

Quick Background Review

About one year ago, the press reported that state Attorneys General were meeting with several paint companies to discuss placing warning labels on paint cans. In a letter to the Massachusetts AG, the Alliance and about 100 state and local public interest organizations objected, pointing out the limitations of warning labels and calling on the AGs to seek contributions from the paint industry commensurate with the scale of the problem. Alliance staff met once with the Massachusetts AG, but neither the Alliance nor other advocates participated in the AGs’ negotiations with the paint industry.

Last May, AGs from most of the states signed an agreement with the National Paint and Coatings Association (NPCA) to undertake several initiatives. While this agreement released no claims against the paint companies, it reduces political pressure on state AGs to pursue legal action to hold the paint industry accountable. The agreement calls for NPCA to launch a program beginning September 30, 2003 that includes:

• sponsoring up to 150 free trainings in LSWP in approximately 50 different cities annually for the next four years,
• developing discounts on HEPA vacuums and respirators,
• providing point of purchase written information for consumers,
• developing an online training program on lead-based paint hazards associated with renovation and remodeling activities for retail paint store staff; and
• placing warning stickers on paint cans beginning September 30, 2003 and warning labels on consumer paints manufactured after December 31, 2003.

Overall Status Report

Alliance staff recently met with Steve Sides of NPCA to determine what steps NPCA is taking to carry out the agreement. A brief summary of what we learned follows:

• NPCA is using the new HUD/EPA one-day LSWP training course as the curriculum for this training. In the Alliance’s view, the hands-on exercises that EPA and HUD recently added make this LSWP training course the most relevant. (Although the brochure and website show the outline for a different LSWP course, Atrium Environmental Health and Safety Services has clarified that the new HUD-EPA course will be used for all deliveries.)
• NPCA has signed a contract with Atrium Environmental Health and Safety Services Environmental Health & Safety Services to handle all aspects of this training program’s organization, roll-out, and delivery.
• Atrium Environmental Health and Safety Services will use accredited training providers, a combination of trainers on Atrium Environmental Health and Safety Services’s staff and contract trainers in various localities. A Atrium Environmental Health and Safety Services staff person will attend every training course delivery.
• For states that have unique requirements, Atrium Environmental Health and Safety Services and NPCA are working with state agency staff to include a short module of state-specific information. Atrium Environmental Health and Safety Services will invite state regulators to attend course deliveries.
• NPCA has persuaded a number of HEPA vacuum and respirator manufacturers to offer discounts to those who complete the training.
• NPCA has developed an on-line training for retail store staff and point-of-purchase written materials based on the “Keep It Clean” campaign’s materials. While the Alliance has not yet seen these resources, their descriptions sound appropriate.

Alliance Analysis

The Alliance continues to believe that the companies that manufactured lead-based paint for decades despite clear knowledge of its dangers should be held accountable and be forced to contribute in a significant way to solving the problem they created. In our view, the steps called for by the AG agreement do not come close to meeting this test.

The Alliance views the requirement that NPCA provide training in LSWP in cities across the country as the most significant element of the agreement with the AGs. By endorsing the need for LSWP, the paint industry implicitly acknowledges the dangers of traditional paint repair practices. In addition, the paint industry’s support for this training could help establish LSWP as the “industry norm” and the “standard of care.” Until now, except for federally assisted housing, LSWP have only been required in a few jurisdictions.

To date, the Alliance’s staff review has not identified any significant concerns in NPCA’s execution of the agreement. In particular, it is encouraging that NPCA has decided to use the new EPA/HUD LSWP training course. The Alliance understands that HUD and EPA are in the process of translating the improved LSWP training course materials into Spanish. At this point, it is unclear whether NPCA will offer this training in Spanish and other languages, which is urgently needed in many communities.

In the Alliance’s view, there are several important things that public health advocates and professionals can do to ensure that this training contributes to prevention to the maximum extent possible.

• Confirm the quality of early trainings – The Alliance believes it is important for advocates and experts to attend early training deliveries. Among the possible issues are whether the training is true to the HUD/EPA course curriculum, whether trainers are competent and effective, and whether trainers convey positive regard for the value of practicing lead safety. If problems are identified, the Alliance urges that criticisms and suggestions be forwarded in writing to NPCA (with a copy to the Alliance).

• Avoid the paint industry winning undue praise for this training – Public health experts and advocates need to guard against the paint industry portraying this training as “another example of the paint industry’s corporate leadership serving the public interest.” NPCA is not offering this training voluntarily in the public interest. Rather, NPCA is required to offer this training by the agreement with the AGs, an agreement that NPCA entered into based on the industry’s calculated self-interest.

• Guard against LSWP being viewed as the solution – While safeguards to protect against the spread of lead dust are an important piece of the prevention puzzle, it vital that training in LSWP not be viewed as a panacea by policy makers or the public. This course in LSWP does not prepare trainees to perform lead abatement projects – instead it ensures that those already doing remodeling and paint repair will not inadvertently create hazards. For properties with extensive and serious lead hazards, abatement is the only answer. Abatement costs far more than routine paint repair. Resources to control lead hazards in low-income, high-risk properties remains the critical missing link.

• Get the right folks trained – Technically, NPCA can comply with its agreement with the AGs simply by “offering” training courses around the country. And Atrium Environmental Health and Safety Services can technically fulfill its contract with NPCA simply by rounding up anyone to take the training. Meaningfully advancing prevention requires that the “right” people get this training, i.e., those who need it most and who might otherwise be unable to afford it. This requires scheduling the training at convenient times and locations (and in appropriate languages) to reach key audiences, including: small contractors, low-income homeowners, small landlords, maintenance staff, anyone who performs painting or renovation work.