Lead Abatement Work Practice Standards Enforcement Manual

A Lead Abatement Compliance Inspection is an on-site assessment of an active lead abatement project that assures lead abatement work practices being performed are sufficient to protect the lead licensed individual, public health and the environment; and that lead abatement practices are performed as required by Missouri’s regulations and laws.

A representative of the department shall conduct a compliance inspection at an unannounced time during the workdays and work hours indicated on the official project notification and/or re-notification form submitted to the department by the lead abatement supervisor. If a department representative attempts to conduct a compliance inspection and finds no one on the job site during the workdays and/or work hours indicated, the inspector shall verify whether the lead abatement supervisor submitted the required re-notification form(s). If the department did not receive a re-notification form, a warning letter and written notice will be sent to the lead abatement contractor.

At the conclusion of the compliance inspection the inspector shall discuss, with the lead abatement supervisor, any violations of the lead abatement work practice standards observed during the inspection and necessary corrective actions. At that time, the lead abatement supervisor will receive a copy of the compliance inspection report. An additional copy, along with a letter from the department, will be mailed to the lead abatement contractor.

Enforcement activities may be necessary and initiated during a compliance inspection if violation(s) that threaten public health, safety and/or the environment are observed at the job site. Such violations would include, but are not limited to, a lead abatement contractor failing to assure that his/her employees are properly licensed to conduct lead abatement activities or using any prohibited lead abatement work practice defined in 19 CSR 30-70.630(9)(B) Lead Abatement Work Practice Standards. In such cases, pursuant to 701.316 RSMo, all lead abatement work shall immediately cease and desist until necessary corrections are made to the satisfaction of the department.

In addition, enforcement activities such as the issuance of a Notice of Violation, administrative penalties and the restriction, suspension, revocation and/or denial of the lead abatement contractor’s, supervisor’s and/or worker’s license(s) shall be pursued dependent upon the harm or potential harm the violation(s) has or may have caused, the extent of deviation from the appropriate regulations and laws, the violator’s previous compliance record, the nature of the violation (repeat and/or critical) and any other factors the department deems relevant.

Administrative penalties shall be assessed using a gravity-based assessment described in 19 CSR 20- 70.650 Administrative Penalties.