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 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 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 22, 2010 @ 09:05 PM
Today we spoke with the Mass Department of Safety (DOS) and learned that they will be providing a flier for contractors on The Mass RRP Law for all building departments in the state. These fliers are being made and laminated for distribution and placement at building permit counters. They will be displayed prominently and building departments will be asked to share this information with contractors who come in.
Here is the flyer that will be posted at building departments;
RRP compliance notice to contractors from Mass DOS.pdf
The State of Massachusetts took over the administration and enforcement of the EPA RRP Lead Law on 7/9/2010. There are significant enhancements to the baseline EPA RRP Lead Rule that impact trained contractors. One significant change is the Certified Renovator needs to be on site and in control of the work at all times when the work is in progress. Formerly under the EPA RRP Lead Rule the Certified Renovator could leave after setup of containment and be within a few hours away. The work could then be done by employees who received on the job training described in the EPA Lead manual. In addition, the term Certified Renovator has been changed to Lead Safe Renovator Supervisor. This change along with several others will require persistent vigilance by all contractors who work on pre-1978 properties to insure that they are in compliance. More to come.
Mark the RRP Coach