Lead Paint: How The EPA's New RRP Rules Affect Your Liability

If you're a contractor in the US, you already know about the Renovation, Repair and Paint Rules issued by the Environmental Protection Agency in 2010. But many contractors may not have considered how these rules may affect their business's liability. We believe that these laws increase contractor's exposure to Pollution Liability losses.

About Lead Paint Hazards

Lead paint was outlawed in 1978 after it was found to be harmful, especially to small children. It can cause hypertension, high blood pressure and even brain damage. As you can imagine, if somebody is held liable for a child getting brain damaged due to lead paint, the financial loss will likely be substantial. Summary of Lead Paint Rules

1. Be Certified - The new rules require that all renovation contractors working in residential homes, schools or child care facilities built before 1978 must have at least one certified employee on the job at all times. The EPA provides information on their website on how to get certified.

2. Notification - The new rules also require contractors to provide notification to homeowners and child care facilities about the dangers of lead paint dust. A standard notification issued by the EPA is available on their website as well as a standard form that contractors can use to document that notice has been given to the homeowner or child care facility.

3. Follow Containment Guidelines - Anytime paint is disturbed in pre-1978 buildings, contractors must contain the work area, minimize dust and clean-up thoroughly according to the EPA's Regulations on Residential Property Renovation at 40 CFR 745, Subpart E.

Definition of Negligence

Negligence is what a prudent person would NOT do in the same situation. Contractors who are negligent can be held liable for damages resulting from such negligence.

Conclusion

Due to the fact that these new regulations went into effect less than 2 years ago, there is really not any case history to show exactly how they will affect your liability. However, based on the definition of negligence, it is reasonable to assume that a contractor could be considered negligent if he fails to get certified, notify the owner or properly contain the lead dust. Due to the fact that negligence can result in tort liability, we believe that these new rules significantly increase liability exposures for renovation, repair and painting contractors.

What Can You Do?

Don't assume that your Commercial General Liability (CGL) policy will cover you for losses related to lead paint. Most likely it will not. Lead paint dust is a pollutant and should be covered by a Commercial Pollution Liability (CPL) policy. If you are a remodeling or painting contractor, contact your broker and make sure that you have the coverage you need. There are several new CPL programs that have emerged in the last couple of years and policies have become more affordable than you might expect.

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Employer's Liability Insurance: Are You Protecting Your Business?

Do you employ other staff? Do you deal with hazardous substances?

You may want to review your employer's liability insurance.

Recently, a Gemma Taylor, working as a waitress in a County Durham hotel, accidentally opened a bottle of industrial cleaner; suffering corneal abrasion and burns to her face and chest. It is said that she had accidentally knocked the bottle whilst searching for tissue in an unlit store cupboard. Ms Taylor maintains that the bottle top was not secure and that the labels were turned to the wall, making the hazard less obvious.

Any business dealing with hazardous chemicals will usually know that to abide by appropriate health and safety legislation, such substances must be stored safely and secure, and so the procedures for implementing this must be clear.

The owners of the hotel, Whitworth Hall County Park Ltd, state that there are adequate procedures in place and that they should be followed

An investigation later showed that there were indeed such procedures in place for storing chemicals but they were improperly managed.

As a result, the holding company was later fined £8700 and £3229 in costs. Thus illustrating that employer's liability insurance is in fact a worthwhile investment. It is better to have it and not need it, than to need it and be found wanting.

Joanna Waller, a spokesperson for Durham County Council stated that: "This case should serve as a warning to other businesses... it is not enough for employers to simply have risk assessments and procedures written down - they must also make sure their staff are aware of them and follow them properly"

John Hurrell, chief executive of Airmic, has advocated the importance of public liability insurance, commenting that it "is almost inconceivable" that a company would not require such cover.

As such, it is unwise to cut back on employer's liability insurance when experiencing financial difficulties. When experiencing such difficulty, the costs of such a case could be ruinous and much more expensive than the cost of a comprehensive liability insurance policy.

The reason why employer's liability is so important is because of its scope. The legal definition of an 'employee' is very wide, and this makes a business much more vulnerable than its owner may realise. There have been cases in the past where family members have been doing favours for their kin, only to receive injuries and later make a claim. As we have seen, it only takes one bottle of cleaner without a top on to cost a business over £10,000 and so it would be ill advised for a business to disregard the cover that would protect them in such an event.

It is also important that a business prevents such accidents occurring by closely monitoring their health and safety practices so that those responsible for enforcing them can be disciplined where standards are not being met.

If you have any concerns about your employer's liability insurance cover, consult with an expert business insurance broker.

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How to Buy General Liability Insurance

The price of general liability insurance can be fairly costly if you are not careful when purchasing an insurance plan. Insurance can be very complicated and hard to understand. We will talk below about the things you must sincerely consider before you buy a plan for your enterprise.

It is necessary for plenty small enterprises to own a general liability insurance as a shield against claims that could lead to bankruptcy of a enterprise. While purchasing insurance plan, small enterprises must take some warnings.

Your selection of your insurance company is just about the most essential step in the process of your purchasing of insurance coverage. If the company you choose is not secure in financial terms then no matter how long the costing is, it will most likely be of no use to you. After all, just imagine if your insurance company has closed on the day that you badly need to make a claim. Seems impossible? Well, it really happened sometimes to some business and you are not exempted.

Regardless of whether your insurance carrier is local or international, insurance coverage needs must be satisfied. You should make certain that your insurer has the services to meet the requirements of your needs.

Each general liability insurance provider has various kinds, protections, deductibles and exclusions. Making sure that the insurer you are dealing with can give the proper insurance protections that you require is another important factor when shopping for a plan.

The first of those steps would be to include yourself to a reliable group like your local Chamber of Commerce. This group typically let buying of insurance at group rates. They also manage to cooperate to reliable insurance companies, usually national insurance carriers with top ratings.

The description of the plan must be carefully examined to see what is covered and not covered. Things which are not covered are termed exclusions and they can truly cause pain to you when they are a surprise when a claim must to be made. And, when purchasing insurance coverage, a business of any kind must know what exactly the coverage must to be like. Making a conversation with close friends who had taken already insurance policy is also a good way to calculate the restrictions of the insurance plan and to determine what limits are suitable in your business. Also you can check your local laws or needs in your place. If you are still not confident, you can approach an agent or preferably a broker can usually all the queries you have.

When purchasing general liability coverage you have to research about various policy choices with a certified representative and with friends either in person or virtual. Finally, select an insurance carrier that has a past stability in their prices and gives affordable or no interest payments choices for plans. This can calm your financial burden and protect you against high increases at renewal moment. Insurance firms often lower their price on their products during the very first year then take substantial price increases at renewal. You surely want to avoid that kind of insurance firms.

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What Is Public Liability Insurance and How You Can Have It

Among the insurances that you can have to insure your business in case a customer or buyer is harmed or had an experience of property loss while employing your product or acquiring the service of your business is public liability insurance for enterprise. This coverage can also be used in securing you from sudden liabilities due to harms that were done to your customers or buyers either by your business product or service that took place within the vicinity of your business.

As a sensible firm manager, you definitely wish as much as possible to defend your customers as well as your workers from any unanticipated accident. Public liability insurance for business can serve you greatly in that area. It is not only you that could be guaranteed to have a safe and secure financial aspect but also to your clients or customers as well.

Whenever you are ready to acquire the best public liability insurance, you can begin your search by having a quote from public liability insurance. The starting point in your quest for the best protection for you and your customers is the public liability insurance quote. As we all know there is no business that seems very much alike with the other business. And thus the search for the right quotes can be a tough job.

So that you can be sure that you are having the right protection for your enterprise at an affordable price tag, you must know how to match it up with other quotes. You don't have to be a specialist in this area; all you have to do is have a good choice of insurance providers. Just make it sure that the quote provided for you provide you basic information about insurance protection. The amount of this public liability insurance quote greatly depends on the agents or brokers. That's why you really have to compare every quote with other quotes.

Before buying a policy, you will want to have a conversation first about the particular needs of your company. You can find so many insurance companies out there and most of them specialize in various types of insurance for different types of firms. This would likely mean that you should look for an insurance company who can recommend specialized insurance policy for your business requirements. For example if you manage a restaurant or a boutique, you should have a protection which can protect the customers or buyers that enters and goes out in your business. Therefore your priority is to look for an insurance provider who can respond to the needs of your company.

If you have the absolute business coverage for your company then you are not only protecting yourself but also the public. You are considering the safety and the security of both your working personnel and your buyers or clients. You will be confident that in the period of acquiring the right protection for your business, you have saved money and effort because you made the right decision.

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