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 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
Posted by Mark Paskell on Fri, Jul 02, 2010 @ 08:46 AM
On 6/18/2010 the EPA issued a memo about enforcement delays. The Contractor Coaching Partnership has received numerous calls from contractors who are now more confused than before. One remodeler commented "does this mean I have nothing to worry about until the end of December?" Another said "does this mean I don't need to use mountains of plastic or buy a HEPA Vac until December?" Another said "see, I told you so, the EPA will never enforce this. It is just a scare tactic from government to get our money". A contractor from Boston said "the National Home Builders Association will force them to delay it or repeal it."
This recent development in the RRP Law, is causing many contractors to believe that they can put off the training and certification and still perform work with no worries until the end of the year. I fear that this false sense of security may expose uncertified and untrained contractors to severe penalties, if they do not use the mandated practices required under the EPA RRP Lead Law.
The memo specifically addresses the status of two items required by the EPA RRP Lead Law;
1. Firms will have until 9/30/2010 to complete the Certified Firm Application and receive their Certified Firm License.
2. Renovators must prove that they are enrolled in a EPA RRP Certified Renovator Class and they MUST complete their training on or before 12/31/2010.
The memo also states that contractors must follow lead safe practices. Even if a contractor has not been certified or trained they will still be responsible for knowing and following the EPA RRP Lead Rule. In other words, even though a contractor is not trained they MUST know and follow the RRP practices if they work on pre-1978 properties and trigger the rule! Does that make sense?
EPA FAQ Clarification on 6.18.2010 Delay Memo
In a recent posting on the EPA FAQ section, questions were posted and answered to clarify this. See the document below for clarification.
EPA+FAQ+about+June+18+Memo+Delaying+Certification+Enforcement.pdf
If you are contractor who is certified please pass this information along to those you know who are not. If you are not certified or trained, please read the memos carefully and prevent a situation where you can be fined.
Since 4.22.2010 there have been numerous changes to the RRP Lead Rule. In our RRP Implementation Workshop at Brockway Smith on Wednesday we covered many of these topics. The contractors who were present are Certified Renovators and Firms. Many of them were unaware of the recent developments. One workshop contractor said "I would like to think that I am well informed, but today I learned how little I really know about this law. I am shocked about all the changes in just 2 months".
Can you imagine how well informed uncertified contractors are at this point?
Stay tuned here to keep up on this changing landscape.
Another great resource for information on the RRP Lead Rule is Shawn McCaddens's RRPedia blog.
mark the coach
RRP Coaching
Posted by Mark Paskell on Fri, Jun 25, 2010 @ 08:49 PM
Massachusetts will soon become the 9th state to enforce and administer the EPA RRP Lead Rule. The state filed emergency legislation on April 2nd to begin the process that will lead to local enforcement. This change will provide local service from state government officials for contractors and property owners who must comply with the new law. The state filed today. Once approved the Department of Occupational Safety will run the program.
Contractors and Property Owners must still follow the EPA RRP Lead Rule while working on pre-1978 homes. When the State of Mass is confirmed to administer and enforce the law new changes will need to be included in work practices.
Here is the article form the State of Mass site;
On June 25, 2010, the Division of Occupational Safety filed with the Secretary of the Commonwealth, amendments to 454 CMR 22.00 (Deleading and Lead-Safe Renovation) and, in conjunction with the Executive Office for Administration and Finance, amendments to 801 CMR 4.02 454 (16) and (18) (Licensing Fees for Lead-Safe Renovation Contractors and Lead-Safe Renovator Training Providers). These amendments, which will be published in the Massachusetts Register and become effective on July 9, 2010, can be viewed by clicking HERE. These regulations were filed as emergency regulations on April 2, 2010. The edits made in red line (click HERE) indicate changes made after public comment to the emergency regulations.
These amendments, which establish safety standards for renovation, repair and painting work that disturbs lead paint in target housing and child-occupied facilities built before 1978, parallel similar federal EPA requirements that became effective on April 22, 2010 under the "Renovation, Repair and Painting Rule" (RRP Rule), 40 CFR 745.80 - 745.92. The amendments to 454 CMR 22.00 are designed to be as protective of human health and the environment as the federal standard. At this time, EPA has the exclusive authority to administer and enforce the RRP Rule. DOS will be filing an application shortly with EPA, seeking authorization to administer and enforce the lead safety standards for renovation, repair and painting work set forth in 454 CMR 22.00, in lieu of the federal standard being enforced by EPA in Massachusetts. DOS will request that this authorization be approved as close as possible to July 9, 2010, to coincide with the effective date of the amendments to 454 CMR 22.00.
Further information on the current federal administration of the RRP Rule, including application forms for contractors, applicable fees and lists of approved training providers may be obtained through the following link: http://www.epa.gov/lead/pubs/renovation.htm#contractors. Further information on Massachusetts' administration of RRP requirements, including application forms for contractors, applicable fees and FAQs, is being developed and will be posted on this website as it becomes available. In the interim, questions can be directed to DOS Environmental Engineers Patty Sutliff, Rick Rabin or Frank Kramarz at (617) 969-7177
The Contractor Coaching Partnership will continue to post new movements on this important development.
For contractors looking for guidance and assistance deciphering all the new developments and help implementing RRP practices into your business, we are holding a RRP Implementation Workshop on 6/30/2010 at Brockway Smith in Andover Mass. To register for this timely workshop use the link below. Seating is limited.
RRP Workshop Link; Register today!
RRP Implementation Workshop with Shawn McCadden
Mark the Coach
RRP Training
Posted by Mark Paskell on Sat, Jun 19, 2010 @ 08:49 AM
Yesterday, the EPA formally announced that they will delay enforcement actions for violations of the RRP Rule certification requirement. The EPA has admitted that their efforts to fully implement the program as written and amended, has failed to produce the desired results.
Efforts by NARI and the NAHB has helped bring attention to the lack of sufficient training opportunities throughout the country.
Factors leading to EPA Fine Delays
1. Lack of EPA accredited trainers
2. Failure to educate regulatory agencies.
3. Insufficient funding to market and announce the program to states and the residential construction industry.
4. Numerous amendments leading to widespread confusion about the law. The opt out clause and clearance verification causing the bulk of the confusion.
5. Lack of funding and a strategy to enforce the law evenly.
6. Failure to educate homeowners.
7. Miscalculation of the amount of contractors, property managers and firms that need to be certified.
8. Failure to mesh the RRP law with other lead laws and programs leading to widespread confusion.
9. Miscalculation about the true costs to become compliant.
10. Insufficient industry capacity to supply contractors with the required supplies to comply with RRP practices.
11. The application to register as a Certified Firm confuses contractors leading to delays in applying.
12. Failure to provide effective outreach to the average residential contractor. Many contractors are just finding out or still have no idea that this law exists.
13. Effective lobbying efforts of NARI, NAHB, and other industry associations and spokesman.
Contractors and Property Managers Must Enroll in Certification by September 30th, 2010.
The EPA Mea Culpa does not remove the requirement to become certified. It only delays the inevitable responsibility to a later date. Contractors must prove that they are enrolled in a training by 9/30/2010 and must complete the training by 12/31/2010.
You must apply to become a Certified Firm by 10/1/2010
The announcement says that the EPA will not take enforcement actions for violations of the RRP Rule's firm certification requirement until 10/1/2010. Given the 90 day time frame for approving an application, all firms should apply right away to become a Certified Firm. After 10/1/2010, you will be non-compliant if you are not a Certified Firm.
Here is the Certified Firm Application
Certified Firm Application
Here is the official EPA announcement document;
EPA Mea Culpa, Contractors Given Reprieve on RRP Fines
Schedule your training now to insure that you have a seat
In the weeks preceding April 22nd we had over 400 people schedule RRP training. Many contractors and property managers waited until the last minute and some did not get in. Companies who wait until September to schedule their training may find seats hard to come by. Schedule your training now and avoid the last minute rush.
mark the coach
EPA RRP Training
EPA RRP Workshops
Posted by Mark Paskell on Sun, Jun 13, 2010 @ 08:52 AM
Last September while speaking with Shawn McCadden about the upcoming EPA RRP lead law, we were surprised there was a shortage of relevant content on line for contractors about the law. In January we met with the EPA in Boston and asked several questions that they were not able to answer without consulting with EPA headquarters. The EPA was very helpful where they could be but had to refrain from answering many of our questions until they could be reviewed by the Washington DC headquarters. This dilemma created a huge void for contractors looking for answers about the RRP rule.
This lack of information led to the genesis of Shawn's outstanding resource called RRPedia. For any contractor, property owner or business owner seeking up to date accurate information, RRPedia is a must read.
Many contractors and industry professionals have told me they go to Shawn's RRPedia first before they go to the EPA's website on the RRP Lead Law!
For straight forward explanations and valuable tips on how to comply with this law add Shawn McCadden's RRPedia to your favorites list or better yet, sign up for his blog and receive updates as they are posted. It will save you valuable time and clear up many things you hear from the contractor rumor mill.
mark the coach
EPA RRP Lead Training
RRP Workshops
Posted by Mark Paskell on Sun, Jun 13, 2010 @ 07:49 AM
In March of this year Koopman Lumber hosted two EPA RRP Certified Renovator Courses for their contractor clients. Due to continued interest in the RRP training they are sponsoring another training on 6/28/2010 at the Doubletree Hotel in Westborough, Mass.
Koopman Lumber continues to be a valued resource for their contractor clients throughout the Blackstone Valley and Worcester County. They have set up RRP supply sections in each of their locations so that contractors can purchase supplies and equipment needed for performing RRP lead safe practices.
To learn more about this training on 6/28/2010 see the following flyer for details.
http://www.thecontractorcoachingpartnership.com/Default.aspx?app=LeadgenDownload&shortpath=docs%2fKoopman+Lumber+RRP+Flyer+6.28.2010.pdf
Posted by Mark Paskell on Thu, Jun 03, 2010 @ 08:36 PM
On 6/30/2010 The Contractor Coaching Partnership and Shawn McCadden will hold our first RRP Workshop at Brockway Smith in Andover, Mass. Our workshop team of instructors will include Insurance expert Tom Messier of Mason and Mason Insurance and Construction Lawyer Michael Sams of Kenney and Sams P. C.
This is the first in a series of workshops we will have throughout the year. We are all members of EMNARI with extensive knowledge of the EPA RRP Lead Law. We have met with both the EPA Region 1 and Department of Occupational Safety numerous times to make sure we are at the forefront of any movements in the EPA RRP Lead Law so that we can provide accurate and timely information to our industry.
We are grateful to Brockway Smith and Steve Fisher for their amazing support. They have opened their doors and provided the use of their state of the art training facility for many EPA RRP trainings throughout the year.
As of this date The Contractor Coaching Partnership has provided training for over 2500 contractors since February. We are receiving calls everyday from contractors on how to incorporate the RRP lead law into the business. Our RRP Workshops will help contractors navigate the choppy waters that lie ahead.
To learn more about our RRP Workshops follow the link provided below and please pass the word.
RRP Workshop Flyer; RRP Workshop with Shawn McCadden
Sincerely,
Mark the Coach
RRP Workshop on 6/30/2010 at BROSCO
Posted by Mark Paskell on Sun, May 23, 2010 @ 08:09 PM
As The Contractor Coaching Partnership marches on to providing training for 3000 contractors we are often asked if we know what insurance companies are going to do. Will they provide cost effective pricing to cover contractors for lead? Will they require specific certification and or training in order to qualify for coverage? Will EPA RRP Certification be required in order to qualify for general liability coverage?
I was concerned about this earlier this year and asked some insurance experts and they assured me it would likely not be a requirement. They said it would likely be a choice and the insurance industry will produce a policy that will be priced in the 2500.00 dollar range for RRP coverage. There is a policy on the market now in that price range.
I was skeptical that RRP coverage would not be required to qualify for general liabilty. Now it appears that we thought correctly. The following excerpt from an EPA representative may be be the harbinger of what contractors will face in a few months.
On Friday I received an email from a training provider in Texas. This email is from an EPA official from region 6 in Dallas. It also includes an interpretation of concerns between OSHA and RRP when setting a ladder on plastic. I will post the entire email and source here and let the readers of this blog draw their own conclusions. My conclusion is that insurance companies are going to demand that contractors are EPA RRP Certified Firms, employ certified renovators and that all sub contractors are certified. This will be very similar to the requirement that all subs carry workmen's compensation. I also believe that there is a better than average chance that insurance companies will cancel non-EPA Certified contractors who work on pre 1978 properties. Maybe this is a way that insurance companies can charge for more coverage?
Here is the email from; Estella Sugawara-Adams, M.S. Region 6 EPA
Thank you to every R6 Trainer Provider who added extra classes to meet the April 22nd deadline. I know that you all can cite the Instructor's Manual in your sleep! The Region 6, Dallas office, owes you a huge THANK YOU!
I have a request for everyone that involves purchasing supplies, brochures, tips and complaints. Please, if possible, include in your training packet the name(s) of the company(ies) where the weatherization tape, yellow caution tape, Renovate Right Brochures, rolls of 6ml plastic etc., can be purchased. Some folks have never heard of "Google" or finding information on the web!
The "Lead-Check" company is really overwhelmed trying to fill requests for test kits. Please remind your students that the new regulatory provision on the test kits will change in September 2010 - so don't over purchase the current test kits.
I would like for you all to include my name, telephone number and email address, for sending complaints, tips, etc. It is really important that your students know their efforts to obey the law is not being overlooked.
If you receive tips and/or complaints, about companies advertising as Certified EPA Trainer Providers, please let me know. To date, we have caught two companies that were advertising as EPA Certified Trainer Providers and told the students they are now certified. Unfortunately, the students never received their Certificates, and the companies are shams.
(Insurance Companies Dictating The Rules)
Insurance companies are requesting a copy of the Renovator Certificates, Firm Certificates and when training was completed. If the Certificates are not sent (faxed) to the insurance company, then the employees are let go and/or the Firm is dropped from coverage. This is something that was launched by the Insurance companies, and we do not have control over their efforts to bring their industry into compliance. A temporary card or signed letter (complete with date of training) on company Letterhead, would help your students tremendously.
(OSHA Interpretation)
Finally, I have been notified of several areas where the new regulation is in direct conflict with OSHA. Actually, it is not in conflict. The most serious is the slippery surface, we require that plastic must cover the ground, and the contractor must use a ladder on the plastic, while keeping the surface of the plastic sprayed to contain the lead dust. This is what OSHA requires:
The OSHA regulations don't say that you can't put a ladder on plastic. It says that if you put it on a slippery surface, then you should secure it or use slip resistant feet. The ladder regulations are at 29 CFR 1926.1053(b)(5)(ii) -(b)(7)
I will be setting up meetings with the Trainer Providers in May/June, so that we can review some of the areas that need improving, the 4-hour Refresher course, and any other topics that you may want to discuss.
Again, thank you.
Stella
Estella Sugawara-Adams, M.S.
Regional Lead (Pb) Coordinator
U.S. EPA, Region 6
6PD-Toxics
214-665-2704 (Direct)
214-665-6655 (Fax)
Here is one last question before I sign off.
If insurance companies follow through on requiring that all contractors become EPA RRP certified what will this mean for our industry, the average contractor and you?
mark the coach
The Contractor Coaching Partnership
Posted by Mark Paskell on Sat, May 15, 2010 @ 11:21 PM
Back in January when I chose to partner with Kachina Lead Paint Solutions I had no idea that we would together, train 2000 contractors. Yesterday we hit 2000 with many more to go. We currently have 7 sold out dates this week and 5 the following week before the holiday. This business has taken on a life of its own. We now have four awesome instructors who have an extensive background in residential construction.
Our instructors;
Peter Lawton a former NARI board member and kitchen and bath remodeler has received accolades from Brockway Smith as one of the best trainers they have ever seen.
Mike Cavalaro a former president of an NKBA chapter and owner of a Kitchen and Bath remodeling firm.
Scott Syropolous and Fred Ellsworth both successful painting contractors.
I have been told by numerous contractors that our trainers are the best around. This is evident due to the numerous referrals we receive everyday from our contractor clients and the lumberyards who ask us to put these trainings for them. We are starting to see an increase in the number of sub trades coming to the trainings as more and more general contractors request that they obtain RRP certification.
We are currently expanding our program to other regions with a capacity to train 1500 contractors or more per month. We are working on Long Island in New York as well as Washington DC.
I now have to reset my goal which was only one thousand contractors to something more challenging.
I miss having the time to write blog posts. We are servicing hundreds of contractors every week. Calls come on any day at any time. One contractor called me at 9:30 tonight asking how to handle a project that begins next week. We just wrapped up and he now has his strategy. It is reassuring that we are making a difference helping contractors obtain the best training around.
I am looking forward to finding the time to start writing more frequently. Maybe after we train 10,000 contractors.
mark the coach