The Commonwealth Court of Pennsylvania has upheld a $14,000 civil penalty and a three-year suspension of lead abatement licenses for Howland Company, LLC and its owner, John Evan. The court's ruling, issued on June 24, 2026, follows findings that the company violated multiple provisions of the Lead Certification Act during lead abatement work across several job sites.
This decision impacts Howland Company and its employees, who must now adhere to stricter compliance measures to ensure safety in lead abatement practices. The ruling emphasizes the importance of regulatory compliance in protecting public health, particularly concerning lead exposure risks.
Background
Howland Company, LLC, is a certified lead abatement contractor operating in Pennsylvania, with John Evan serving as its owner and certified lead abatement supervisor since 2018. The company has completed approximately 100 lead abatement jobs since 2021. The Pennsylvania Department of Labor and Industry (Department) oversees lead abatement practices, ensuring compliance with both state and federal regulations.
The dispute arose after the Bureau of Occupational and Industrial Safety (Bureau) issued three orders to show cause against Howland Company, alleging violations of the Lead Certification Act and associated regulations. These violations included failing to have certified workers on-site, improper abatement practices, and inadequate safety measures during lead abatement work. Following a two-day hearing in February 2024, a Hearing Officer found that Howland had committed 14 violations across multiple job sites.
The Ruling
The court ruled in favor of the Department, affirming the Hearing Officer's findings and the imposed penalties. Judge Patricia A. McCullough stated, "The Bureau proved by a preponderance of the evidence that lead-based paint activities, including lead abatement itself, had begun at all of the job sites where violations were observed." The court found that the violations were serious and warranted the penalties imposed.
In its ruling, the court noted that the violations included the presence of unlicensed workers, improper cleaning techniques, and failure to use appropriate protective equipment. The Department had recommended a five-year suspension and a higher fine, but the Hearing Officer determined that a three-year suspension was more appropriate given the circumstances.
Impact
This ruling sets a significant precedent for lead abatement practices in Pennsylvania. It underscores the necessity for strict adherence to safety regulations and the consequences of non-compliance. The decision serves as a warning to other contractors in the industry about the seriousness of lead abatement violations and the potential penalties they may face.
Going forward, Howland Company will need to implement stronger compliance measures to avoid further penalties. The ruling may also encourage other lead abatement companies to review their practices to ensure they meet all regulatory requirements, thereby enhancing public safety.
What's Next
Howland Company and John Evan may seek to appeal the ruling, although the court's decision is based on substantial evidence and legal standards that may be difficult to contest. Details on any potential appeal or related cases were not available in the court filing.