DOS to set sunset provision for contractors with incomplete apps
On 3/11/2011 I learned that the DOS is considering a sunset provision for contractors who sent in incomplete RRP lead applications. At the meeting Ernie Kelly from the DOS said; that even though there are 4000 Mass contractors who are Certified Firms on the EPA website, there are only 1000 in Mass. Contractors who Certified with the EPA before 7/9/2010 can apply for a license in Mass using the waiver form and not pay a fee. Yet only 1000 have done so.
There were approximately 250 applications at the DOS that are incomplete. The DOS has called these companies and many are not returning the call. The DOS indicated that many applications have been sitting for several months. They may install a sunset provision where contractors may forfeit their application fee if they do not respond in a timely manner.
Most of the applications are missing OSHA medical monitoring and respiratory plans. The Mass DOS Lead Law states that companies with employees must provide these plans in order to qualify for the Mass Lead Safe Renovation License.
Another common item missing is a "NOTARIZED STATEMENT" from companies who claim that they have no employees. The application clearly states that sole proprietors need to submit the notarized statement with the application.
RRP Certified Contractor Frustrated Because Known Competitor Is Skirting the Lead Law
Last week I was contacted by a company we trained who brought to our attention that a company with over 25 employees is listed on the Mass Lead License list showing that they have no employees. Our client is frustrated that this other company can get away with saying they have no employees. Our client said "does this mean that the company is purposely trying to avoid the rules and work without workmen's compensation. Are they misclassifying their workers and trying to hide it.Why else would they report no employees?"
According to the Mass Lead Safe Renovation Law this contractor with 25 employees is required to comply with the medical monitoring and respiratory written plan provisions. Is it possible this company reported no employees so they could avoid complying with the Mass Lead Law medical monitoring and respirator requirements?
Our client said to me that they have paid the price to be compliant and they are concerned that our state DOS will not enforce this law and maintain a level playing field.
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