Posted by Mark Paskell on Tue, Aug 24, 2010 @ 02:19 PM
This afternoon the MASS DOS posted, Comparison of EPA and DOS RRP Rule Requirements. This post itemizes many of the differences between the EPA RRP Rule and the Mass Lead Rule. One huge difference is the Mass requirement that contractors (with employees)must document that a medical monitoring/respirator protection program is in place. Patricia Sutliffe of the DOS said that this is an OSHA program that has alway been required but has not been widely enforced. She added that bringing this OSHA requirement to the forefront, will aid employers in their efforts to comply with both RRP and OSHA practices and protect the health of employees.
Here is the complete DOS post;
I. Applicability of Requirements
EPA: The EPA RRP Rule applies to renovation, repair and painting (RRP) work conducted for a fee in pre-1978 target housing and child-occupied facilities where the work involves the disturbance of more than 6 ft2 of painted surfaces per room or more than 20 ft2 of paint on exteriors (total), except that the quantity exemptions do not apply to any projects involving window replacement or demolition of structures.
DOS: Same as EPA.
II. Firms or Entities Requiring Licensure
EPA: All firms or other entities performing work subject to the Rule require certification as “Certified Firms.”
DOS: Firms or other entities performing work require licensure as “Lead-Safe Renovation Contractors,” except that the following entities may apply to DOS for a “Contractor License Waiver”:
1. Entities that perform regulated work in facilities that they own, using their own employees.
2. Entities that were certified by EPA (or a state delegated by EPA to administer EPA RRP Rule) prior to July 9, 2010.
DOS also allows Deleading Contractors licensed by 454 CMR 22.00 to perform regulated renovation work without being separately licensed as “Lead-Safe Renovation Contractors.” Entities applying for a “Contractor License Waiver” do not have to pay a fee for the waiver but must subsequently comply with all other provisions of 454 CMR 22.00, including the requirement to have the work supervised by a “Lead-Safe Renovator-Supervisor”, compliance with work practices (including cleanup), notifications, cleaning verification and recordkeeping.
III. Contractor Licensing Fee and Required Documentation
EPA: $300 for five years. Applicants must submit identifying information, list of professional certifications related to lead-based paint activity and list of previous violations related to lead-based paint activity.
DOS: $375 for five years. In addition to filling out identifying information on application form, applicant must:
1. Document that a person in a supervisory or management capacity has received the one-day Lead-Safe Renovator-Supervisor (“Certified Renovator”) training.
2. Document that a medical monitoring/respirator protection program is in place (entities with employees only). Program templates are on DOS’s website.
3. Submit information related to organization of the business or entity – corporate articles of organization, business certificate, etc., as applicable.
4. Submit lists of current and previous employees.
5. Document workers compensation coverage (entities with employees).
6. Affirm compliance with Massachusetts tax laws, including DOR, DUA, FSC.
7. Submit lists of occupational health and safety-related violations, notices of noncompliance, enforcement actions, etc.
IV. On-site Supervisor Requirement
EPA: EPA requires the supervisor (“Certified Renovator”) to be on site only during certain phases of the work (posting of Warning Signs, establishment of work area containments, during final cleanup and cleaning verification) and available by phone the rest of the time.
DOS: DOS requires the supervisor (“Lead-Safe Renovator Supervisor”) to be on site at all times when RRP work is in progress.
V. Training and Certification Requirement for Supervisor
EPA: EPA requires a one-day “Certified Renovator” course given by an EPA-certified training provider. Possession of the training certificate, which includes a digital image of the trainee, constitutes the certification – persons who possess this certificate do not have to apply to EPA directly. The one-day training course does not include respirator/personal protection training elements. The training/certification is good for five years, after which time the “Certified Renovator must take a one-half day refresher course. EPA allows persons who have taken the deleader-supervisor and deleader-worker courses to take a one-half day upgrade/refresher course to upgrade to “Certified Renovator” status.
DOS: DOS requires essentially the same one-day training course for certified “Lead-Safe Renovator-Supervisors” that EPA requires for “Certified Renovators” except that the DOS-required course includes respirator/personal protection training elements. Where the training is given in Massachusetts, the course must be given by a Massachusetts-licensed training provider. As is the case with EPA, possession of the training certificate, which includes a digital image of the trainee constitutes the certification – persons who possess this certificate do not have to apply to DOS directly. The training/certification is valid for five years, after which time the “Lead-Safe Renovator-Supervisor” must take a one-half day refresher course. DOS also allows persons who have taken the deleader-supervisor and deleader-worker courses to take a one-half day upgrade/refresher course to upgrade to “Lead-Safe Renovator-Supervisor” status. DOS also requires training providers to include “Lead-Safe Renovator-Supervisor” training elements in four-day training courses required for “Deleader-Supervisors” given after July 9, 2010, and DOS will therefore allow “Deleader-Supervisors” to function as “Lead-Safe Renovator-Supervisors” on renovation worksites after they have completed this training.
VI. Certification and Licensing Reciprocity between EPA and DOS
EPA: Firms or entities that have been licensed as “Lead-Safe Renovation Contractors” by DOS in Massachusetts must become certified with EPA as “Certified Firms” in order to carry out RRP work in states where EPA is running the RRP program. EPA allows individuals who have been trained/certified as “Lead-Safe Renovator-Supervisors” in Massachusetts to act as supervisors and perform the functions of “Certified Renovators” on RRP projects in other states where EPA is running the program without needing to obtain separate EPA certification as “Certified Renovators.”
DOS: DOS allows firms that were certified with EPA as “Certified Firms” prior to July 9, 2010 to perform RRP work in Massachusetts without becoming licensed by DOS as a “Lead-Safe Renovation Contractor,” provided that they have received a “Contractor Licensing Waiver” from DOS – there is no fee for this waiver. The “Contractor Licensing Waiver” application is on the DOS website. Contractors that apply for EPA certification after July 9, 2010 are required to pay the licensing fee and become licensed as “Lead-Safe Renovation Contractors” with DOS. DOS will allow “Certified Renovators” that have received training from EPA-approved training providers to perform the functions of “Lead-Safe Renovator-Supervisors in Massachusetts without further training or licensure.
VII. License/Certification Fees for Providers of RRP Training
EPA: EPA issues a four-year certification to lead training providers. Certification fees, which are assessed on a per-course basis, range between $400 and $870 per course. The charge for certification to give to the initial “Certified Renovator” training course is $560, and the charge to give the refresher course is $400. The charge for renewing the certification in either discipline is $340. The training provider certification fee is waived for providers who are state and local governments, federally recognized Indian Tribes and non-profit organizations.
DOS: DOS issues a one-year license to lead training providers and charges a flat licensing fee of $1775, regardless of the number of lead training course disciplines in which the trainer is seeking approval to provide training. DOS has the same licensing fee waiver as EPA for training providers who offer only RRP training and are state and local governments, federally recognized Indian Tribes and non-profit organizations.
VIII. Work Practice Requirements
EPA: The set of work practice requirements specified by EPA’s RRP Rule is a somewhat relaxed version of the work practices currently required for deleading projects. As opposed to what is required for deleading projects, units undergoing renovation are not required to be unoccupied while the work is in progress; it is only required that persons be excluded from the work area, which must be isolated from the rest of the dwelling or child-occupied facility by appropriate means. Plastic sheeting, which must be disposed after each use, must be used to cover floors and other surfaces on building interiors and plants and ground on exteriors. EPA specifies the use of a “cleaning verification” procedure, which is carried out by the on-site ”Certified Renovator” to determine if interior work areas have been adequately decontaminated. Under this procedure, the color of a wiping cloth, that is used to wipe down the work area following the final cleaning, is compared to the color of a standard “cleaning verification card” issued by EPA. If the color of the wiping cloth is the same shade as (or lighter than) the cleaning verification card, the area “passes.” Dust-wipe clearance, as is used to clear deleading projects, may also be used to “clear” RRP projects.
DOS: DOS’ work practice requirements for RRP work are almost identical to those required by EPA, except that DOS allows the use of tarpaulins to cover plants and ground on exterior projects, provided that the tarpaulins are thoroughly decontaminated after each use and not subsequently used for any interior work in target housing and child-occupied facilities.
Stay tuned for more information on this huge development.
mark the coach
Posted by Mark Paskell on Thu, Aug 19, 2010 @ 10:43 PM
As we begin to understand the full impact of the Mass RRP Lead law contractors will soon be faced with the decision to develop and implement Worker Protection and Medical Monitoring Requirements. In section 22.09 of the Mass RRP Law 454 CMR 22.00, OSHA standards are described. This clause calls for the medical monitoring for employees on lead projects that generate 50 micrograms of lead dust exposure over an eight hour period. Other clauses describe the need for respirator fitting, medical examinations to determine lung capacity, blood testing, air monitoring, protective clothing and more.
Line Item #8 on the Massachusetts application for firm registration, called the Lead-Safe Renovation Contractor Application, states the need to supply a worker protection plan with the application.
The clause reads; A respiratory protection and worker health and safety program evidencing compliance with 29 CFR 1910.134 and OSHA medical monitoring requirements. If the applicant does not have a written program it can request a program template and checklist by calling the division at 617-626-6963.
Links
Here is the link to the template for the Mass DOS Model Written Respirator Program
Model Written Respirator Program
Here is the link to the Model Written Medical Monitoring and Worker Protection Program
Medical Monitoring and Worker Protection Program
Contractors who have these programs in place will have to show documentation to that effect.
More Contractor Confusion
We are receiving numerous calls about this subject from contractors who are unsure how to fill out the application. On the Lead Safe Renovation Contractor Licensing Waiver there is no direct mention of the medical monitoring requirement however the waiver states "in accordance with the provisions of 454CMR 22.00" which includes these requirements. So in order to comply with the waiver a worker protection plan and medical monitoring procedure applies.
These requirements will surely add significant costs over and above those encountered to comply with RRP.
Contractors have shown hesitation signing up for RRP Certification and Registration due to concerns about level enforcement, costs and confusion. The OSHA requirement, inserted into the RRP law for respiratory, medical monitoring and programs to implement them reveals a significant cost to contractors who don't have them in place. Will contractors hold off on this requirement?
Here are some cost items that are to be paid for by the employer;
Air monitoring equipment
Doctor appointments for blood lead testing (on company time?)
Doctor appointments for employees to be tested for lung and pulmonary capacity (will the employee be paid for this time?)
Respirators
Administrative cost to write the program
An approved OSHA trainer to validate the program and train the employees
Record keeping for blood and health monitoring
Security costs to protect worker health records
Work clothing and changing provisions on the job
Cost to implement this program..........priceless!
I thought the EPA said RRP compliance would only cost $35.00 per job?
Stay tuned this post will get everyone fired up.
Please share your thoughts.
mark the rrp coach
Posted by Mark Paskell on Tue, Aug 10, 2010 @ 08:52 AM
The new Mass RRP Lead Law effective on 7/9/2010, requires adherence to OSHA rules when performing RRP lead safe practices. The EPA RRP training program touches upon the neccessity to follow OSHA rules regarding RRP work but fails to cover these practices in sufficient detail to protect workers. RRP training covers the lead safe practices in great detail yet leaves contractors wondering what are the required OSHA practices to comply with both.
OSHA VS RRP ON A CONTRACTOR JOB SITE
Recently, we were told by a contractor in the Boston market that his site was visited by a Lead inspector and an OSHA inspector at the same time. The OSHA inspector had concerns with all the plastic on the ground set up for exterior containment. His concerns were for the workers walking on the plastic. He also expressed concerns setting and moving ladder on the plastic in order to scrape and prepare the house for new paint. The lead inspector argued the plastic needed to be left as set up to prevent lead dust contaminating the soil. Arguments ensued between the OSHA inspector and the Lead inspector. The contractor said OSHA won and the lead inpsector yielded. The plastic was removed.
Will this scenario be a regular occurence on residential job sites? What should a contractor do if OSHA and DOS have differing points of view on how a contractor should comply with the various regulations?
Do you workers have the lung capacity for respirators?
Another development is the Mass requirement for respirator protocols. On the Mass application line item number 8, there is a clause regarding respirators and worker safety programs. This is not spelled out on the EPA Certified Firm application.
Clause #8 from Massachussetts Lead-Safe Renovation Contractor Application
8. WORKER PROTECTION INFORMATION
A respiratory protection and worker health and safety program evidencing compliance with 29 CFR 1910.134 and OSHA medical monitoring requirements. If the applicant does not have a written program, it can request a program template and checklist by calling the Division at 617-626-6963.
This requirement states that a respiratory protection and worker health and safety program is in place. Including medical monitoring!
This focus on compliance with OSHA on the state application creates another step for contractors who have not been OSHA trained. I spoke with OSHA Expert Darcy Cook, from Safety Trainers about this yesterday. She informed me that contractors will need to be fitted for respirators and tested for lung capacity by a physician. Employees with facial hair may not be able to wear the respirator because facial hair will prevent a tight seal. Then the company must develop a comprehensive program in writing for their company. The company will additionally be required to purchase the proper equipment to protect their workers. Other related requirements include air monitoring and a work clothes changing/clean up station set up on the job site. Darcy also said workers who are not cleared by the physician to wear a respirator will not be allowed to work on projects where they are exposed to specific lead dust levels. What do we do with this worker? Do we tell our workers with facial hair they must shave or they can't work on demolition?
These items are mentioned in RRP training however, they are not trained in detail to insure that contractors truly understand the impact these regulations will have on their companies.
RRP Training Combined With OSHA Training
Should OSHA training be mandated for all contractors? Should OSHA create a training specific for RRP trained contractors?
The State of Massachusetts clearly states on their application for Lead-Safe Renovation Contractor that Worker Safety Programs are mandatory. Signing the application commits you to this requirement.
We are receiving many calls from contractors on how to comply with both OSHA and RRP Lead laws as they begin to work with lead safe practices. We are discovering that many contractors have not been through the basics of OSHA training. Several contractors who have been through OSHA training do not have worker protection programs in writing in place. I am still looking for one who has a respiratory program in place.
Please let us know about your concerns or questions regarding th euse of RRP practices that conflict with OSHA safe practices. We will air your concerns on this blog and make sure they reach the OSHA and DOS officials who frequently read this publication.
mark the coach
Posted by Mark Paskell on Fri, Aug 06, 2010 @ 02:56 PM
Today we received a call from a Massachusetts painting contractor in Rockport Mass., about a site visit from the Department of Occupational Safety (DOS). On 7/9/2010 the Mass DOS became the enforcer for the RRP Lead Law in the state.
With the painter contractor's permission we are sharing this enforcement story.
Jerry Enos, owner of Jerry Enos Painting Inc of Rockport, Mass, is re-painting a home in Rockport. His men were trained in The Contractor Coaching Partnership RRP Seminars. He is using grinders and sanders to remove old paint to prepare for new coats of primer and paint. His job was visited by a DOS inspector from the Haverhill office twice. The inspector was at the site due to a phone call from a neighbor who had questions about the project. This homeowner also called the EPA last year on another project on the same street. Jerry met with the inspector and discussed the lead safe practices he is using to contain the dust and debris and the subsequent cleanup. Jerry had no need to worry because he is properly trained, certified and registered to perform work on pre-1978 properties. Jerry enclosed the structure with vertical containment to contain and control the spread of dust. His men are using the proper tools tools and they have hepa vacuums to catch the dust and debris caused by the grinding and sanding.
The inspector visited the job twice. Jerry is glad that he properly implemented the lead safe practices into his production process. The inspector complimented on a job well done. Jerry doesn't have to worry about fines or having his job shut down because he made the right business decision to implement his training.
A Warning For Contractors From the DOS Inspector
Jerry and the inspector had conversations about how the State of Massachusetts is going to enforce the law. Jerry said he hopes the state will take this law seriously and enforce it across the board to create a level playing field.
Many Lead Certified contractors are concerned that they will have to compete against contractors who are not certified or not following the Lead Law. In our RRP trainings, contractor students share their frustrations about illegal allien contractors, non-compliant contractors with no certification, firemen and teachers working on the side, many taking cash and working without permits or insurance and under the table workers.
In their conversation Jerry was told by the DOS inspector that the state is taking this very seriously. The inspector then went on to say;
"Tell every contractor you know we're out there enforcing. Tell your friends, your neighbors, contractors you know, suppliers and trades. We are here and we will enforce the new law" DOS Inspector.
We thank Jerry for sharing this information with us. We compliment him on implementing these practices into his work. He was prepared and prevented an unpleasant site visit with an inspector.
Do you have a true story about DOS or EPA site visits to share?
If you have a factual story that you would like to share and see posted please let us know. Help us get the word out so we can help other contractors learn about this new law.
mark the coach
Posted by Mark Paskell on Wed, Aug 04, 2010 @ 09:37 AM
The recent Massachusetts takeover (7/9/2010) of the EPA RRP Lead Law is causing widespread headaches and confusion among contractors in the state. We have spoke with many lumberyards and building officials who are not aware of the changes. Many still believe that the EPA Memo of 6/18/2010, delaying enforcement of fines, is still in effect in Massachusetts. This is not the case. When Mass Department of Safety took over the law this nullified the EPA extension in the state. Currently any contractor who works on pre-1978 properties, who is not certified, is non-compliant. This change has caught many with their pants down and exposed to fines and work stoppages if they are caught. I spoke with a lumberyard today and they were under the impression that contractors have until 12/31/2010 to obtain the training. The fact is in Mass contractors must be trained now.
The Mass RRP Law adds additional provisions on top of the EPA RRP regulation. The Mass Law changes the provision for Certified Renovators presence on the job during lead safe practices performance. Under the federal law, the CR could leave the job and delegate the lead safe work to his job site trained workers. Under the Mass Law this is disallowed. This change creates a scheduling nightmare for contractors who have several jobs running at the same time. Many contractors will need to train all their lead carpenters if they want to run multiple jobs from now on.
RRP Practices on a Collision Course with OSHA Safety Practices
Mass has brought OSHA issues to the forefront in its revised law. The EPA RRP sanctioned training mentions OSHA practices but does not delve into the conflicting regulations. Training focuses on the RRP and Certified Renovators are instructed to research, know and be responsible for OSHA regulations when performing renovations on pre-1978 properties. In a recent post from Shawn McCadden these OSHA vs RRP conflicts in Mass are well described. Contractors will likely need additonal training and assistance to make sure they do not violate OSHA regulations while performing the RRP lead safe practices.
Certified Firm Application Nightmare
Contractors in Mass must now fill out a firm registration in the state of Mass different than the federal certified firm application. Contractors who fell for the 6/18/2010 EPA extension must now pay $375.00 to the state to be a certified firm. The federal certified firm application was $300.00. The new Mass Certified Firm Registration is only good for Massachusetts. If you are a contractor who works in other states you will need to also complete the federal certified firm application. The cost now will be $675.00 for a contractor that works in Massachusetts and New Hampshire or Massachusetts and Connecticut. OUCH!!!!!
Other factors causing contractor headaches
On 7/7/2010 the Opt Out Clause was removed from the law. No longer can homeowners elect to forgo lead safe practices if there are no children or pregnant women in the property.
Contractors must now provide a copy of the lead safe practices used on a RRP project and give it to the homeowner after the job is done.
Lack of consumer education and resources to enforce the law across the board are constantly brought up in our trainings.
Stay tuned for additonal posts on the moving RRP landscape.
mark the coach
RRP Training
Posted by Mark Paskell on Thu, Jul 29, 2010 @ 09:43 PM
RRP Training in Massachusetts is heating up again. We have had many calls from contractors after they had site visits from the DOS (Department of Safety). The DOS is out enforcing the law. They are giving warnings and letting contractors know that as of 7/9/2010 contractors must be registered with the State of Mass and trained to work on pre-1978 properties.
Contractors Caught By Suprise
Many contractors believed that they had until September 30th to get certified because of the 6/18/2010 memo from the EPA delaying fines. Well that all changed on 7/9/2010, when the State of Mass was awarded delegating authority from the EPA to enforce and administer the EPA RRP Lead Law. Contractors who put off the training and certification are now deemed non-compliant to work on target properties.
RRP Classes
We have just scheduled classes at Brockway Smith in Andover, Mass on;
8/13/2010, 8/18/2010, 9/1/2010, 9/15/2010 and 9/30/2010.
Brockway Smith has hosted classes all year in an effort to bring this mandatory training to contractors in Massachusetts. Steve Fisher from Brockway Smith says " this is our way of giving back to the industry by making our training facility available and hosting this important training."
To sign up for training use the link below.
RRP Training in Mass
Mark the Coach
Posted by Mark Paskell on Sun, Jul 25, 2010 @ 09:41 AM
We are starting to see property managers and owners of pre 1978 rental housing sign up for our RRP trainings. The main focus for RRP training has been the residential contracting industry, with little promotion to individual property owners. It appears that property owners are starting to hear about the law. Property owners who own rental property built before 1978 must distribute the Renovate Right Brochure to their tenants. They must also use RRP lead safe practices if they disturb 6 square feet on the interior or 20 square feet on the exterior.
Are there enough trainers to train contractors and property owners?
The EPA estimates for the amount of companies to be trained nationally does not appear to include individual property owners who own pre 1978 rental housing. In the EPA Final Rule document they estimate that 211,000 companies will need to become certified. Already it is abundantly clear that the 211,000 number is woefully low. An article written in 2000 by Walt Stoeppelwerth, estimated that there were 800,000 contractors in America. This was before the boom and growth of the past decade. When you count contractors, trades, munincipal workers and the underground it is not hard to fathom that our industry has many more that need to be trained than reported. Now throw in property owners who own pre 1978 rental properties. The total count needing EPA RRP training may be potentially 2 million, 3 million, 4 million, 5 million, more?
Do you think there are enough accredited trainers to do the job?
If you are a property owner and have questions about EPA RRP training please contact me or view our RRP Training page.
mark the coach
Information for Property Owners of Rental Housing, Child-Occupied Facilities from the EPA Website
Property owners who renovate, repair, or prepare surfaces for painting in pre-1978 rental housing or space rented by child-care facilities must, before beginning work, provide tenants with a copy of EPA's lead hazard information pamphlet Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools (PDF) (11 pp, 1.1MB) | en español (PDF) (11 pp, 2.4MB). Owners of these rental properties must document compliance with this requirement; EPA's sample pre-renovation disclosure form (PDF) (1 pp, 53K) may be used for this purpose.
After April 22, 2010, property owners who perform these projects in pre-1978 rental housing or space rented by child-care facilities must be certified and must follow the lead-safe work practices required by EPA's Renovation, Repair and Remodeling rule. To become certified, property owners must submit an application for firm certification (PDF) (9 pp, 642K) and fee payment to EPA. EPA began processing applications on October 22, 2009. The Agency has up to 90 days after receiving a complete request for certification to approve or disapprove the application.
Property owners who perform renovation, repairs, and painting jobs in rental property should also:
Posted by Mark Paskell on Sat, Jul 24, 2010 @ 08:11 PM
In a recent RRP training in Southampton, New York a contractor yelled out "how am I going to survive when I have to compete against illegal immigrants and the local fireman contractor working illegally". In another training in Mass a painting contractor told us that he is getting killed in his town going up against local teachers and college kids with under the radar side businesses. In another training in Mass, a contractor says he competes against the whole town fire department on half of his window and siding jobs.
All too often we hear numerous reports of illegal contracting activity all over the region. The contractors in our RRP trainings tell us they are there to be certified because it is the right thing to do even though they are tight on funds from the economic slow down.
Since January, we have trained 3000 contractors in Mass and New York and we consistently hear the pleas for a level playing field and equal enforcement. The majority of the contractors fear lost projects from a homeowner who is all to willing to accept the lower price from the illegal contractor. Many doubt the local building inspector or state officials have the will or resources to enforce the rules and regulations on the books. They further doubt that the RRP lead rule will be enforced. The contractors cite overworked and under staffed building departments as well as the age old tradition of protecting the old boy network.
In our trainings we are constantly reminded that there are four groups that make up the underground contracting community.
Group 1; The contractor who elects to work with no insurance, under the table labor, no permit, cash payment so they don't have to pay taxes, no license, no certifications.
Group 2; the undocumented illegal immigrant contractor
Group 3; the local fireman with an illegal side contracting business
Group 4; the local teacher and college kids with an illegal side contracting business.
Legal contractors are paying thousands of dollars to comply with the rules and regulations to be a professional contracting company. These include but are not limited to; liability and workmen's comp insurance, building license, state registration, W-2 employees with matching taxes, OSHA training, proper classification of employees, pulling permits, paying taxes, and most recently becoming EPA RRP certified.
Legal contractors deserve a level playing field
There is no better time than now for our state and local officials to begin the crack down on all illegal contractor activity. It should not matter if it is an illegal immigrant contractor or the local fireman who chooses to own a side business without the required practices. Those who play by the rules deserve a level playing field. Maybe the RRP Lead Rule will give officials the tool they need to shut down illegal activity by imposing fines and work stoppages.
Comments from contractors in our RRP Trainings
We asked many of the contractors in our RRP trainings which group they think is the greatest threat to their livelihood and this is what we were told.
Group 2; The undocumented illegal alien contractor is one of the biggest threats. They are good at hiding and many homeowners are attracted to the rock bottom price. In addition group one contractors often pick them up at the local big box store or on the side of the road on an as needed basis and pay them under the table with no insurance or taxes.
Group 2 an 3; the local fireman or teacher who works on the side without the proper credentials. These groups cause the greatest angst among the legal contractors because;
1. The local fireman and teacher often use their profession and community reputation as a gage of trust to convince homeowners to hire them. Then they ask the homeowner to pay cash with nothing in writing. One contractor told us it goes something like this; "you can trust me, I am your local fireman or in the case of the teacher " I am the teacher who has your kid in class."
2. The local fireman and teacher are part of the old boy network and often buddies with the town inspectors and selectman.
One contractor was careful to point out that he also knows many fireman and teachers who have legal side business and they play by the rules. He went on further to say that a couple of legal contractor firemen he knows well, actually take issue with other firemen in their department who choose to work illegally.
I wonder how that dynamic works when they are all in the firehouse late at night with no fires to fight!
Which group do you think poses the greatest threat to your contracting prospects for business in your marketplace?
mark the coach
Posted by Mark Paskell on Sat, Jul 24, 2010 @ 01:56 PM
On Thursday the EPA announced that Hybrivet's Lead Check test kit will retain it's current recognition indefinitely. This EPA approved test kit is used in the EPA RRP training course for contractors. The EPA reviewed several test kits and deemed Lead Check was suitable for their needs. Many industry experts were anxious to see if the EPA would change the recommended kits leading to the potential that contractors would need to be retrained on a new testing product. This development should for the short term allay these fears.
The EPA states;
‘Because no new kits meet both the false negative and false positive criteria, EPA will continue to recognize the LeadCheck® test kit and the State of Massachusetts lead test kit. After EPA reviews the final report on Test Kit A, the Agency anticipates that this test kit will also be recognized as meeting the false negative criterion.’
Here is the link to the EPA report;
http://www.epa.gov/lead/pubs/testkit.htm
mark the rrp coach
Posted by Pete Caputa on Thu, Jul 22, 2010 @ 10:53 PM
On June 18th, 2010 the EPA posted a memo that delayed enforcement and fines for Firm Certification until 9/30/10 and Certified Renovator Training until 12/31/2010. This memo also stated that untrained contractors performing work on pre-1978 homes must follow and be compliant with the RRP Lead Rule. The content of the memo has caused a significant downturn in the number of contractors signing up for the mandatory training. Many lumberyards have told us that contractors think they have until next year to do training and many contractors are claiming that the law will be reversed. In Massachusetts putting off the training and certification is going to be costly for contractors.
Mass RRP Takeover Nullifies EPA 6/18/2010 Extension
Today we spoke with Patricia Sutliff, from the Mass Department of Safety, about the EPA FINE Extensions and are they recognized in Mass. The answer is NO. Per the DOS, Mass contractors who have not certified their firms and who have not obtained the required RRP training cannot work on pre-1978 homes where lead safe practices are required as of 7/9/2010.
We have heard many contractors say they will wait to get trained. We also have called over 1000 contractors who have been through our RRP Training Course and we have found that over 50% of the contractors have not Registered their firms with the EPA!!!
Certified Firm Registration Increased in Mass
In Mass, contractors will now have to pay $375.00 to Register their firms as opposed to the $300.00 fee they could have paid before July 9th, 2010. Mass will recognize any training or certification obtained or applied for before 7/9/2010. This is good news for contractors who became compliant on time.
Mass Lead Safe Renovation Contractor Firm Application
In addition, Mass contractors must obtain Certified Renovator Training immediately to be compliant with the new Mass Lead Law or forgo working on pre-1978 properties until they are trained. I learned of a project in Wellesley today that was paid a vist by the DOS. They found 5 men working on the house who said they were independent contractors. The DOS asked to see their documents. One independent produced his Certified Renovator License. The DOS asked if he certified his firm and he said no I will do it later. The DOS said Certify your firm within the week or stop working. Also the DOS said to the CR "all these other independents must certify their firm and sign up for a RRP training class immediately."
The enforcement effort has begun in Mass.
Mark the RRP Coach
RRP Training Dates
RRP Implementation Workshops