COMPLETE QUESTIONS AND VERIFIED
SOLUTIONS
◉ Title X (199_). Answer: 1992. Residential Lead based Paint Hazard
Reduction Act
◉ 3 Sources of Legal Liability. Answer: Statutory law, administrative
law, and common law
◉ LBPPPA (19__). Answer: 1971 Lead-based Poisoning Prevention
Act
◉ Tort Law. Answer: Civil "wrong" or breach of a standard behavior
or failure to use reasonable care for which a court orders a monetary
remedy called "damages".
◉ Contract Law. Answer: Relates to situations in which a person
breaks or "breaches" a legally enforceable written or oral agreement
or contract. Court can order remedies like monetary damages.
◉ Name 2 examples of liability under Tort Law:. Answer: Negligence
Vicarious Liability
,◉ Negligence. Answer: Failure to fulfill all of your duties/ failure to
exercise the standard of care to which a reasonable Risk Assessor or
contractor would adhere.
◉ Vicarious Liability. Answer: Employer is legally responsible for the
acts, ommissions and wrongful behavior (torts) of his/her
employees.
Plaintiff needs to prove 4 elements:
1. Act or omission
2. Duty
3. Cause
4. Injury
◉ Indemnification. Answer: 2-27
◉ What are at least 4 principles risk assessors should follow to
avoid legal liability under tort law?. Answer: 2-26 E.g. document
everything, never say anything is "lead free", say that a risk
assessment only applies to the present status of the property, keep
records
,◉ Describe at least four important objectives of the initial property
owner contact prior to conducting risk assessment?. Answer: 3-18
◉ What are the 5 different evaluation options that can be
recommended to the property owner?. Answer: Combination risk
assessment/ inspection
Risk assessment
Paint inspection
lead hazard Screen
Investigation for EBL
◉ What are 6 different motivating factors that affect what type of
evaluation option to choose?. Answer: 3-18 E.g. legal requirement,
liability issues, preventative measures, response to a lead poisoning
case
◉ What's the difference between a risk assessment and an EBL child
investigation?. Answer: 3-8, 3-9
◉ T/F: The risk assessor should be involved in the process of
selecting a contractor.. Answer: False
◉ How long does visual assessment and sampling take?. Answer: 45
minutes - 3 hours
, ◉ T/F: Risk assessors should always go ahead and educate the
tenants about lead poisoning.. Answer: False
◉ What are the benefits of preliminary data collection to assist risk
assessment?. Answer: 3-13
◉ Scenario: You arrive on premises and are scheduled to conduct a
visual assessment of the property. Which do you take note of?
1. There are big cracks in the walls.
2. Ceiling is leaking in the bathroom and the kitchen.
3. The window wells are in disrepair- and contain paint chips.
4. Right across the street there's a battery recycling shop.. Answer:
All of the above
◉ What are the 3 categories of paint film quality?. Answer: Intact
Fair
Poor
4-8
◉ T/F: Interior wall has >3 ft2 of deteriorated paint. This is
classified as fair condition.. Answer: False. (>2 ft2 is poor)