42 U.S.C. § 4853 — Worker protection

Page 6242 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4853 (3) Civil liability Any person who knowingly violates the pro- visions of this section shall be jointly and sev- erally liable to the purchaser or lessee in an amount equal to 3 times the amount of dam- ages incurred by such individual. (4) Costs In any civil action brought for damages pur- suant to paragraph (3), the appropriate court may award court costs to the party com- mencing such action, together with reasonable attorney fees and any expert witness fees, if that party prevails. (5) Prohibited act It shall be a prohibited act under section 409 of the Toxic Substances Control Act [15 U.S.C. 2689] for any person to fail or refuse to comply with a provision of this section or with any rule or order issued under this section. For purposes of enforcing this section under the Toxic Substances Control Act [15 U.S.C. 2601 et seq.], the penalty for each violation applicable under section 16 of that Act [15 U.S.C. 2615] shall not be more than $10,000. (c) Validity of contracts and liens Nothing in this section shall affect the valid- ity or enforceability of any sale or contract for the purchase and sale or lease of any interest in residential real property or any loan, loan agreement, mortgage, or lien made or arising in connection with a mortgage loan, nor shall any- thing in this section create a defect in title. (d) Effective date The regulations under this section shall take effect 3 years after October 28, 1992. (Pub. L. 102–550, title X, § 1018, Oct. 28, 1992, 106 Stat. 3910.) Editorial Notes REFERENCES IN TEXT The Toxic Substances Control Act, referred to in sub- sec. (b)(5), is Pub. L. 94–469, Oct. 11, 1976, 90 Stat. 2003, which is classified generally to chapter 53 (§ 2601 et seq.) of Title 15, Commerce and Trade. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2601 of Title 15 and Tables. SUBCHAPTER II—WORKER PROTECTION § 4853. Worker protection Not later than 180 days after October 28, 1992, the Secretary of Labor shall issue an interim final regulation regulating occupational expo- sure to lead in the construction industry. Such interim final regulation shall provide employ- ment and places of employment to employees which are as safe and healthful as those which would prevail under the Department of Housing and Urban Development guidelines published at Federal Register 55, page 38973 (September 28, 1990) (Revised Chapter 8). Such interim final reg- ulations shall take effect upon issuance (except that such regulations may include a reasonable delay in the effective date), shall have the legal effect of an Occupational Safety and Health Standard, and shall apply until a final standard becomes effective under section 655 of title 29. (Pub. L. 102–550, title X, § 1031, Oct. 28, 1992, 106 Stat. 3924.) § 4853a. Coordination between Environmental Protection Agency and Department of Labor The Secretary of Labor, in promulgating regu- lations under section 4853 of this title, shall con- sult and coordinate with the Administrator of the Environmental Protection Agency for the purpose of achieving the maximum enforcement of title IV of the Toxic Substances Control Act [15 U.S.C. 2681 et seq.] and the Occupational Safety and Health Act of 1970 [29 U.S.C. 651 et seq.] while imposing the least burdens of dupli- cative requirements on those subject to such title and Act and for other purposes. (Pub. L. 102–550, title X, § 1032, Oct. 28, 1992, 106 Stat. 3924.) Editorial Notes REFERENCES IN TEXT The Toxic Substances Control Act, referred to in text, is Pub. L. 94–469, Oct. 11, 1976, 90 Stat. 2003. Title IV of the Act is classified generally to subchapter IV (§ 2681 et seq.) of chapter 53 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 15 and Tables. The Occupational Safety and Health Act of 1970, re- ferred to in text, is Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, which is classified principally to chapter 15 (§ 651 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables. SUBCHAPTER III—RESEARCH AND DEVELOPMENT PART 1—HUD RESEARCH § 4854. Research on lead exposure from other sources The Secretary, in cooperation with other Fed- eral agencies, shall conduct research on strate- gies to reduce the risk of lead exposure from other sources, including exterior soil and inte- rior lead dust in carpets, furniture, and forced air ducts. (Pub. L. 102–550, title X, § 1051, Oct. 28, 1992, 106 Stat. 3925.) § 4854a. Testing technologies The Secretary, in cooperation with other Fed- eral agencies, shall conduct research to— (1) develop improved methods for evaluating lead-based paint hazards in housing; (2) develop improved methods for reducing lead-based paint hazards in housing; (3) develop improved methods for measuring lead in paint films, dust, and soil samples; (4) establish performance standards for var- ious detection methods, including spot test kits; (5) establish performance standards for lead- based paint hazard reduction methods, includ- ing the use of encapsulants; (6) establish appropriate cleanup standards; (7) evaluate the efficacy of interim controls in various hazard situations; (8) evaluate the relative performance of var- ious abatement techniques;