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Lead Poisoning


By ANDREA BONINA


Lead Poisoning

With the dangers facing children today, a lot of parents feel their children are safest at home. 

But if you live in an older building your child may be at risk from a hidden danger: Lead Poisoning.

  LEAD HAZARDS

Lead poisoning affects virtually every system of a child's body. It can cause central nervous system, kidney, and reproductive system damage, and in severe cases coma, seizures and even death.

It causes decreased intelligence, behavioral disorders, and a host of neurological problems that can cause irreversible and permanent damage to your child.

The Center for Disease Control estimates that more than 890,000 children in the United States between the ages of 1 and 5 have increased lead levels, even though it is an injury that is entirely preventable.

Most children with lead poisoning do not show obvious symptoms. Irritability, weight loss and not wanting to play can be attributed to dozens of other common childhood illnesses.

The only certain way to know if your child has been exposed to lead is to have their blood tested for lead levels. 

Medicaid covers testing for children between 6 and 72 months of age. If you need a referral to a pediatrician or lab for this testing you can call the local Health Department to find out where this can be done at a low cost or for free, depending on your income. 

Very young children and babies are most at risk for lead poisoning. 

This is because they frequently have their hands in their mouths. If there is dust from lead paint in your home where children crawl and play, this is extremely dangerous. 

Young children are also at a greater risk because their bodies absorb more lead than an adult body does and because their bodies are growing so quickly.

    DANGERS IN THE HOME

Lead Poisoning can come from chipping and flaking paint

Many people believe that because lead paint has been outlawed for household use for many years that it is no longer a problem, however, that is simply not true.

The older paint gets, the more likely it is to chip or peel, and those paint chips, and the dust they create, are very dangerous.

Lead paint has been banned for household use since 1960 within the City of New York and since 1978 throughout the rest of the State of New York. Nationally, 20% of all housing built between 1959 and 1974 has some lead paint, 70% of the housing built between 1940 and 1959 has some lead paint and 99% of the housing built before 1940 has some lead paint.

In New York City Local Law 38 sets forth the rules which can protect your child from the hazards of lead paint within your home. 

Local Law 38 defines a lead hazard as peeling paint, or paint under deteriorated sub surfaces in a multiple dwelling (i.e. 3 apartments or more) built before 1960 where a child under the age of 6 resides. 

Owners of multiple dwellings are required to investigate whether children reside in the premises. 

They must inquire if a child under the age of 6 is going to reside in the premises when a lease is being signed or renewed. They are also required to send yearly notices to tenants inquiring whether children under the age of 6 reside with them. 

If a tenant does not respond to these notices or otherwise disclose or advise the landlord that a child under the age of 6 resides with them, the owner does not have to inspect for lead hazards. 

It is very important for the parent of a young child who lives in an old building to promptly return any forms regarding the ages of children in your home to the owners of your building.

Keep children away from any areas where there is chipping, flaking, peeling or chalking paint.

PROTECTING YOUR CHILD

Parents of young children should take special precautions. Babies and young children, especially when they are teething, love to put their hands and toys in their mouths. This puts them at greater risk for ingesting lead through lead paint dust. 

Make sure your child does not chew on window sills or other chewable surfaces which could possibly be painted with lead based paint. 

Make sure that you wash toys and pacifiers frequently and that your child's hands are clean before he or she eats. Wash your child's hands
and feet before bedtime, and make sure any cloth or plush toys they chew on are washed regularly.

If you have uncarpeted floors mop your floors at least once a week using a heavy duty cleaner. Do not vacuum them, as vacuuming will disperse small particles of lead dust and can make matters worse. 

It is especially important to make certain your child has good nutrition. More lead is absorbed on an empty stomach. Make certain that your child eats regular meals and that their diet contains plenty of iron and calcium. When preparing foods, make sure you work on a clean surface and are cooking on a clean surface. 

Since the only way to diagnose lead poisoning is by a blood test, it is important to make sure that your children get tested for lead at their regular check-ups.

If you are planning renovations that may create dust or paint chips containing lead, make sure the job is done by an experienced, trained professional. 

Some methods for removing lead paint are actually more dangerous than leaving the paint alone. For example, scraping or sanding can create large amount of hazardous lead dust. After the project is completed mop and clean all surfaces thoroughly with a heavy duty household cleaner.

WHERE TO GET HELP?

To learn more about lead poisoning and preventing lead poisoning in your children you can visit the Center for Disease Control's web site.

In Your Corner is published by Bonina & Bonina, P.C. to provide information to clients, friends and members of the Legal Community. Information contained in this Newsletter should not be construed as individual legal advice or a legal opinion.

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