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 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 Thu, Jun 17, 2010 @ 06:53 AM
We have received several reports from contractors about EPA RRP enforcement over the last two weeks. The reports are from contractors who have signed up for our RRP courses. Contractors who work without their certification are taking a huge risk with their business. The fines can be as large as $37,500 per violation.
We are waiting for official word from the EPA to substantiate these reports and as soon as we have it we will report the details. Here is the list of reports we have received.
JOBS SHUT DOWN BY EPA OFFICIALS
1. Contractor installing windows in Athol Mass shut down and fined $8.000.00. Report from contractor who was told by a paint supplier.
2. Painting contractor in New Hampshire painting a large building on the common in Essex shut down for not using lead safe practices and not certified. This report also came from a paint store where contractors were talking about it.
3. A contractor who signed up yesterday reported he was at Home Depot and there were several contractors discussing jobs that were shut down in Winchester, Somerville, Cambridge and Arlington, Mass.
4. In Leominster Mass a painting job that has been on going for several months down town was hit by the EPA and the contractor was told to stop work.
5. In one of our seminars in Haverhill a contractor reported a window project shut down Amesbury.
Inspectors asking for RRP Certification
We have also had reports that in Amesbury the inspector is requiring the RRP Certification on pre-1978 projects. Other towns where we have been told by contractors applying for permits are Rowley, Topsfield, Boxford, Frankln and Needham.
I personally spoke to the EPA Boston office and they said that they are definitely combing the neighborhoods for non-certified contractors. They would not give me details over the phone but said they would publish fine results as soon as cases are finalized.
If you have information about EPA RRP enforcement, projects stopped or fines please let us know and we will spread the word.
mark the coach
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