Posted by Mark Paskell on Sun, Sep 05, 2010 @ 10:47 PM
We recently added a new page to our website called RRP Forms and Resources. The page includes RRP Forms, Lead Check video on how to use the test swabs, RRP supplies and equipment, links and more.
Here is the link;
http://www.thecontractorcoachingpartnership.com/rrp-resources-forms-compliance/
Mark the Coach
"Training immediately followed by implementation, insures what is paid for and learned in the classroom, makes it to the field."
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 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
Posted by Mark Paskell on Tue, Apr 13, 2010 @ 09:31 PM
On Monday 4/12/2010, we ran our 21st EPA RRP Seminar and went over 1000 contractors trained since late January. Our RRP training dates are filling up as fast as we put them up.
Our phones start ringing at 6:30 in the morning and don't stop until after 9:00 PM. We even get calls on Saturday and Sunday from contractors looking to get a seat before the April 22nd effective date. The month of April is jammed and we are doing 15 trainings. We have scheduled 20 dates in May and are planning for more in June.
The word is starting to get out to all trades and inspectors. We have had several building inspectors sign up as well.
Next week the law will go into effect and the pressure to become certified will intensify. We are expecting a busy summer as many try to find a seat and training from a small supply of trainers. We are fortunate to have a resource of over 20 trainers to handle multiple classes in many locations.
Our training dates are carefully placed to service the Boston market with locations in Taunton, Westborough, Andover and Haverhill.
If you or contractors you know are looking for the best training please go to our EPA RRP Training page for available dates.
mark the coach
Posted by Mark Paskell on Sun, Mar 28, 2010 @ 06:09 PM
Update for contractors on the EPA RRP Lead Rule effective date. Senators signed a letter to the OMB urging the delay of the effective date unless the goals of the law have been reached.
I met with the Boston EPA Region 1 manager and RRP Coordinator twice last week and they doubt the effective date will be delayed or extended. This was based on their most recent information form their superiors. They said it was highly unlikely to expect extensions unless there was considerable pressure. The letter says it is bi-partisan but only one democrat signed the letter with 7 republicans. Giving the recent health care bill passsage I would be shocked if this final attempt will work. Time will tell. In the meantime I urge all contractors and property owners to schedule their training and certifiy their firms as soon as possible.
Here is the letter;
Senators Send Bipartisan Letter Urging EPA Action on Lead Rule March 26, 2010
Contact:
Matt Dempsey Matt_Dempsey@epw.senate.gov (202) 224-9797
David Lungren David_Lungren@epw.senate.gov (202) 224-5642
Senators Send Bipartisan Letter Urging EPA Action on Lead Rule
Jobs, Health At Risk, As Thousands of Contractors Have Yet to Be Certified
Link to Letter
WASHINGTON, DC - Several United States Senators last night sent a bipartisan letter to the Office of Management and Budget (OMB) urging OMB to ensure compliance with EPA's Lead: Renovation, Repair and Painting Rule. The Senators wrote, "We strongly urge OMB to take whatever actions necessary in the next 26 days to ensure that when this rule goes into effect, there are enough certified renovators available to meet the compliance goals of the rule."
Starting on April 22, 2010, renovation work that disturbs more than six square feet in target housing must be supervised by a certified renovator and performed by a certified renovation firm. In its economic analysis of the rule, EPA estimated that it would need to certify 236,000 renovators between April 2009 and April 2010. According to EPA, the agency has certified only 50,000 renovators, well below EPA's estimated 236,000 needed to meet the requirements of the rule. Additionally there are several states-Oklahoma, Louisiana, South Dakota, Wyoming, West Virginia--and the District of Columbia, which currently have no approved trainers.
U.S. Sen. James Inhofe (R-Okla.), Ranking Member of the Senate Committee on Environment & Public Works, joined Senators Mike Crapo (R- ID), David Vitter (R-LA), George Voinovich (R-OH), Lamar Alexander (R-TN), Chuck Grassley (R-IA), Ron Wyden (D-OR), John Barrasso (R-WY), Christopher Bond (R-MO) and John Thune (R-SD) in signing the letter.
Background
The letter echoes concerns raised in recent letters sent to OMB from Senators Byron Dorgan (D-ND), Kent Conrad (D-ND), and a bipartisan group of members in the House of Representatives. Further, Senator Amy Klobuchar (D-MN) urged EPA to come up with a solution that will ensure that contractors have the opportunity to come into compliance with this rule and that children's health is protected at a recent hearing of the EPW Subcommittee on Children's Health.
The issue has also been raised before the Senate Energy and Natural Resources Committee. In testimony before the committee on March 11, Bob Hanbury, speaking on behalf of the National Association of Homebuilders, raised concerns about "potential conflicts between Home Star and an environmental rule - e.g., the EPA's Lead: Renovation, Repair and Painting Rule (LRRP) - that may create a serious compliance problem whereby it becomes illegal to work on any pre-1978 without certification by EPA in Lead Safe Work Practices (LSWP) as of April 22, 2010."
The construction and renovation industry has lost nearly 2 million jobs since the recession started. Unemployment in construction and renovation jumped to 24.7 percent, more than double the national rate of 9.7 percent. The sector is expecting that another 5 percent of construction workers will lose their jobs in 2010. Currently, EPA has only 184 accredited training providers and 50,000 certified renovators nationwide. EPA believes it can train 100,000 renovators by the April deadline-this is less than half of the required 236,000, well short of what's needed to carry out millions of renovations annually. In addition, EPA has stated that the certification process takes six weeks or more to complete. Industry estimates that over 200,000 renovators still need to be certified before the April 22, 2010 deadline.
In addition to last night's letter, Senators Inhofe and Vitter have sent letters (here) and (here) to EPA Administrator Lisa Jackson regarding the pace at which EPA was certifying trainers and training facilities.
Text of the letter:
We are writing today to express our concerns about the impending April 22, 2010 deadline for implementing EPA's "Lead: Renovation, Repair and Painting Rule." Starting on April 22, 2010, renovation work that disturbs more than six square feet in target housing must be supervised by a certified renovator and performed by a certified renovation firm, as outlined in 40 CFR ยง 745.85.
EPA, in its economic analysis of the rule, estimated that it would need to certify 236,000 renovators between April 2009 and April 2010, with another 94,000 renovators between April 2010 and April 2012. According to EPA they have certified only 50,000 renovators, well below EPA's estimated 236,000 needed to meet the requirements of the rule. The National Center for Healthy Housing estimated that it is taking EPA nearly eight weeks to certify trainers, and currently has only 184 certified training providers. In order to meet the compliance goals of the rule, many more training providers and training sessions are needed. Additionally there are several states-- Louisiana, South Dakota, Wyoming, West Virginia-- and the District of Columbia, which currently have no approved trainers.
We believe the new lead rule can only work if there are enough certified renovators to meet the rule's compliance goals. We strongly urge OMB to take whatever actions necessary in the next 26 days to ensure that when this rule goes into effect, there are enough certified renovators available to meet the compliance goals of the rule. These actions could include ensuring EPA has enough resources devoted to compliance assistance, speeding up the turnaround time for approving trainers, expediting public awareness and media campaigns and, if necessary, delaying the rule's implementation or phasing in the rule in areas where there are adequate certified renovators.
###
Posted by Mark Paskell on Sat, Feb 27, 2010 @ 09:26 PM
Yesterday, The Contractor Coaching Partnership completed our 6th sold out EPA RRP training. This one was hosted and sponsored by Carby's Lumber of Framingham, Mass. The owner Rick Ricciardi, was present early in the morning to greet his contractor clients. It was a pleasure to see how well he was appreciated by the contractors who learned about this training from Carby's Lumber.
Rick spoke before the training and you could immediately see why his contractor clients respect him so much. He is soft spoken and filled with genuine concern for the welfare of his contractor clients. As he concluded, his customers applauded him for bringing this important EPA RRP training to their attention and helping them stay ahead of the curve. Carby's may not be the largest lumber yard in the Massachusetts, but you can see how Rick's special way of servicing his contractor clients breeds loyalty. I am fortunate to know them.
mark the coach