As we begin to understand the full impact of the Mass RRP Lead law contractors will soon be faced with the decision to develop and implement Worker Protection and Medical Monitoring Requirements. In section 22.09 of the Mass RRP Law 454 CMR 22.00, OSHA standards are described. This clause calls for the medical monitoring for employees on lead projects that generate 50 micrograms of lead dust exposure over an eight hour period. Other clauses describe the need for respirator fitting, medical examinations to determine lung capacity, blood testing, air monitoring, protective clothing and more.
Line Item #8 on the Massachusetts application for firm registration, called the Lead-Safe Renovation Contractor Application, states the need to supply a worker protection plan with the application.
The clause reads; 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.
Here is the link to the template for the Mass DOS Model Written Respirator Program
Here is the link to the Model Written Medical Monitoring and Worker Protection Program
Contractors who have these programs in place will have to show documentation to that effect.
More Contractor Confusion
We are receiving numerous calls about this subject from contractors who are unsure how to fill out the application. On the Lead Safe Renovation Contractor Licensing Waiver there is no direct mention of the medical monitoring requirement however the waiver states "in accordance with the provisions of 454CMR 22.00" which includes these requirements. So in order to comply with the waiver a worker protection plan and medical monitoring procedure applies.
These requirements will surely add significant costs over and above those encountered to comply with RRP.
Contractors have shown hesitation signing up for RRP Certification and Registration due to concerns about level enforcement, costs and confusion. The OSHA requirement, inserted into the RRP law for respiratory, medical monitoring and programs to implement them reveals a significant cost to contractors who don't have them in place. Will contractors hold off on this requirement?
Here are some cost items that are to be paid for by the employer;
Air monitoring equipment
Doctor appointments for blood lead testing (on company time?)
Doctor appointments for employees to be tested for lung and pulmonary capacity (will the employee be paid for this time?)
Administrative cost to write the program
An approved OSHA trainer to validate the program and train the employees
Record keeping for blood and health monitoring
Security costs to protect worker health records
Work clothing and changing provisions on the job
Cost to implement this program..........priceless!
I thought the EPA said RRP compliance would only cost $35.00 per job?
Stay tuned this post will get everyone fired up.
Please share your thoughts.