keeping-up-with-government-regulations

Date
Sep 30, 2025

In this ever-changing world the one thing that seems to change the most is governmental regulations. These regulations can come from federal, state or local governments.

Failure to follow them can open you and your business up to substantial fines & penalties, civil and even criminal liability. Keeping up with these regulations can be a daunting task. Following the current protocols is essential to protect your business.

There can and will be different procedures for new construction and existing remodels. With new construction information on the materials that were used should be readily available. Existing buildings can and will add additional challenges.

Safety protocols

Making certain that your team members are familiar with the most up to date safety standards from OSHA is a good start. I recommend setting aside time to train your current and new team members on these safety protocols. Keeping all their equipment maintained to these standards and being replaced when needed is essential. A good example of a reason to update equipment is crystalline silica dust. Common sources of crystalline silica dust in the flooring industry are fine particles from concrete, patch and setting materials. Anytime these materials are mixed, cut or drilled into, you must take proper precautions. In the case of floor grinders, shot blasters or scarifiers make certain your equipment meets the current OSHA standards. This typically requires a system designed to collect and capture dust with filters to control airborne particles. The mechanics will also need to have proper PPE to prevent inhalation of contamination depending on the location and conditions. Dust masks may be acceptable for some applications although respirators could be required for other projects. Another thing to consider is percentage of fly ash in the concrete mixture since it can be toxic. Eye and hearing protection equipment should also be provided to avoid injury. Protective headgear, clothing, footwear, safety vests and kneepads may also be required. Knowing and following the requirements in your area is critical. Special training and certifications may also be required in some facilities.

Toxic and hazardous substances

Lead-based paint, asbestos containing floor covering and adhesives, and abatement chemicals all needed to be properly handled. Knowing the age and history of the building is always an important first step when working in an existing building.

The EPA has outlined proper procedures for testing and remediation of lead-based paint in their Renovation, Repair and Painting (RRP) Rule. This rule requires that lead testing must be performed prior to renovations in a building built on or before 1978. Failure to properly test for lead in the specified applications can result in five figure or higher fines. There could also be civil liability from the property owner. This testing must be performed by a technician who has completed the EPA training course for lead testing. I highly recommend that every flooring contractor that does remodel work have at least one team member trained to perform lead testing.  Fortunately, it is a one-day course and is relatively inexpensive. The EPA also offers webinars which may be helpful. I subscribe to the EPA Chemical Update which is a free subscription that provides updates on changes in regulations.

Most flooring professionals are familiar with vinyl asbestos tile VAT and cutback mastic that contain asbestos. Unfortunately, they are not the only flooring products that contained asbestos. Asbestos was also used in some heterogeneous sheet vinyl products/felt backings. Most flooring manufacturers stopped adding asbestos to their products in the mid-1980s although it wasn’t completely eliminated until the early 1990s. Keep in mind that old inventory could have been sold and installed after that time. Asbestos panels were also used behind stoves, fireplaces and heaters in buildings built during that time. It is important that you follow the federal, state and local guidelines when removing or disturbing these materials. In most cases asbestos containing material will need to be removed by a certified or licensed contractor. Some applications in some areas may allow for encapsulation of asbestos containing flooring and adhesives. You need to verify if encapsulation is an acceptable practice before starting the project. Failure to properly handle these materials can result in substantial fines and even civil liability. I know a subcontract flooring installer who removed sheet vinyl with a Hydrocord backing in an owner-occupied home. Armstrong Hydrocord backings were produced from the mid-1970s to the mid-1980s and contained asbestos. In this case the homeowner insisted that he remove the old flooring since it was in the contract with the flooring dealer. The salesperson with the dealer also insisted that he remove the old asbestos containing flooring. The installer reluctantly agreed and removed the flooring against his better judgement. The homeowner subsequently sued the installer for the value of the home and won. It sounds ridiculous but that is the world we live in. When it comes to handling toxic or hazardous materials you must always follow all the current federal, state and local regulations. That is why you need to keep up to date with government regulations.

Chemically abated substrates create issues for the replacement floor covering and adhesives. They can also create health concerns for the flooring installer that is preparing the substrate for new flooring. Before starting any project that was chemically abated you should research the specific product that was used and provide your installers with the proper PPE.

When you dispose of old floor covering, adhesives and substrate materials you need to follow all the current guidelines. This is even more critical when it comes to hazardous and toxic material. Simply throwing them into your dumpster may not be legal. You need to know the laws and regulations that govern your area. This also goes for unused adhesives, sealers, primers and powders. Following the proper steps when disposing of these materials can be expensive but it will be money well spent compared to the potential fines.

When it comes to governmental regulations, education and execution are essential. It all starts with knowing what is required. Everyone on your team must know what is expected and be given specific instructions to follow to avoid liability.