Guidelines for the Management of Lead-Based Paint
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4 RESPONSIBILITIES OF CONTRACTORS AND EMPLOYEES
The following section summarises the responsibilities of contractors and employees involved in surface preparation and the removal of lead-based paintwork.
4.1 Duties Under the HSE Act
Under the Health and Safety in Employment Act 1992, a contractor may have duties under one or more of the following categories: employer, self employed person, principal, person who controls a place of work. The following summarises the duties of those persons under the Health and Safety in Employment Act.
An employer must:
- provide and maintain a safe working environment for employees
- provide and maintain facilities for employees safety and health while at work
- ensure plant is safe for employees to use
- ensure employees are not exposed to hazards in or near the place of work
- develop emergency procedures for possible work-related emergencies
- systematically identify existing hazards to employees at work
- systematically identify new hazards to employees at work
- regularly assess hazards identified
- ensure the work does not harm others, including occupants and neighbours
- provide information, supervision and training for employees as necessary to effectively recognise and manage hazards
- give employees the opportunity to be involved in the development of health and safety procedures.
A self-employed person must:
- ensure their action or inaction while at work does not harm themselves or any other person.
A principal must:
- take all practicable steps to ensure contractors and their employees are not harmed by hazards arising from the contracted work. Note that this duty is complementary to (but does not replace) an employer's duties.
A person who controls a place of work must:
- take all practicable steps to ensure people in and near the place of work are not harmed by the work.
4.2 Duties of employees
An employee must:
- ensure their action or inaction while at work does not harm themselves or any other person.
4.3 Lead Management Guidelines for Contractors
These are the guidelines contractors should follow in removing paint from any building:
- Assume that paintwork on pre-1980 buildings is lead-based, unless it is proven otherwise by records or testing.
- Undertake the contracted work in such a way as to protect employee health and safety, in addition to that of tenants and the general public.
- Comply with the relevant sections of the Health and Safety in Employment Act, and follow the contents of this guideline.
- Provide employees with sufficient information, supervision and training in recognising and managing the hazards associated with lead-based paint removal work.
- Provide employees with suitable and sufficient apparatus and protective clothing to do their work in a safe and healthy manner.
- Inform occupants of the hazards associated with redecoration work as necessary.
- Plan the work beforehand, to ensure optimum control of risk to employees and occupants.
- Where lead contamination of a property is identified or suspected, inform the health protection officer of the local district health board, or the environmental health officer of the territorial authority (city or district council).
