110 REAL EXAM QUESTIONS WITH CORRECT DETAILED
ANSWERS WITH RATIONALES|AGRADE
What are civil lawsuits? - ANSWER -Civil lawsuits may be brought
by an individual or company (the plantiff) in order to obtain
compensation for, or relief from, harm caused by another person
or company (the defendant). Compensation requested by
plaintiffs is generally referred to as damages.
Tort law is defined as . . . - ANSWER -a civil wrong or breach of a
standard behavior or failure to use reasonable care for which a
court orders a momentary remedy called ''damages."
Contract laws are defined as. . . - ANSWER -Contract law relates
to situations in which a person breaks or "breaches" a legally
enforceable written or oral agreement or contract
Negligence - ANSWER -if a lead inspector or lead abatement
contractor fails to fulfill all of his/her duties or fails to exercise the
standard of care to which a reasonable inspector or contractor
would adhere, he/she may be held liable for acting negligently.
,Vicarious - ANSWER -an employer is legally responsible for the
acts, omissions, and wrongful behavior (torts) of his/her
employees.
Contract liability is defined as. . . - ANSWER -contract liability is
based on legally enforceable agreements or contracts, either
written or oral. Oral agreements are enforceable , however,
written contracts are controlling.
What are three ways in which an inspector can protect
themselves from lawsuits? - ANSWER -1. Obtaining professional
liability insaurance is a method via which a lead based paint
inspector (the professional) may secure protection from possible
litigation related to the performance of his or her professional
duties.
2. "errors and omissions" insurance
3. general liability
What is a reeevaluation? - ANSWER -The combination of a visual
assessment and collection of dust and, as appropriate, soil
samples performed by a certified risk assessor to determine if the
housing is free of lead-based paint hazards, and determine
whether previously implemented lead-based paint hazard control
measures are still effective.
,A reporting limit is... - ANSWER -This value describes what a
laboratory has determined as the lowest lead value it can report
with sufficient confidence (such as 95% confidence) for the
amount of the analyte (e.g., lead) in the matrix of interest (e.g.,
paint, dust, or soil).
Secondary prevention - ANSWER -The process of identifying
children who have elevated blood lead levels, and controlling or
eliminating the sources of further exposure.
Soil-lead hazard - ANSWER -Bare soil on residential property that
contains lead in excess of the standard established by the EPA
under Title IV of the Toxic Substances Control Act. EPA
standards for soil-lead hazards, published at 40 CFR 745.65(c), as
of the publication of this edition of these Guidelines, is 400 µg/g
in play areas and 1,200 µg/g in the rest of the yard. Also called
Lead-contaminated soil.
Spiked Sample - ANSWER -A sample prepared by adding a known
mass of the target analyte (e.g., lead, as in leaded dust) to a
specific amount of matrix sample (e.g., a dust wipe) for which an
independent estimate of the target analyte mass is available.
Spiked samples are used to determine, for example, the effect of
the matrix on a method's recovery efficiency.
, Subsample - ANSWER -A constituent portion of a sample. A
subsample may be either a field subsample or a laboratory
subsample, depending on where the subsample is created. A
subsample may be combined with other subsamples to produce a
composite sample.
Substrate effect - ANSWER -The radiation returned to an XRF
analyzer by the paint, substrate, or underlying material, in
addition to the radiation returned by any lead present. This
radiation, when counted as lead X-rays by an XRF analyzer
contributes to substrate equivalent lead (bias). The inspector may
have to compensate for this effect when using XRF analyzers.
Substrate Equivalent Lead (SEL): - ANSWER -: The XRF
measurement taken on an unpainted surface; used to calculate
the corrected lead concentration on a surface by using the
following formula: Apparent Lead Concentration - Substrate
Equivalent Lead = Corrected Lead Concentration.
Target Housing - ANSWER -Any housing constructed before 1978
- except dwellings that do not contain bedrooms, or dwellings
that are designated specifically for the elderly or persons with
disabilities, unless a child younger than 6 resides or is expected
to reside in the dwelling. In the case of jurisdictions that banned