On 1/5/2010 I went to the EPA Region 1 headquarters with Industry Expert Shawn McCadden and EMNARI President Greg Antonoili. We met with EPA Region 1 Manager Nancy Barmakian, John Bryson and Bob Carr. We asked if there is one thing that they recommend we tell contractors they said; documentation, documentation, documentation...
Connecticut Contractor Fails to Give Out Renovate Right Brochure and it costs them Big Time!
On March 15, 2011, Region 1 filed a Consent Agreement and Final Order
(CAFO) resolving TSCA claims against Permanent Siding and Windows, LLC
(Permanent Siding). Permanent Siding is a Connecticut contractor with
business offices located in Milford, Connecticut. This CAFO resolves
Region 1’s claim that Permanent Siding violated the requirements of the
Lead-Based Paint Pre-Renovation Education Rule (Pre-Renovation Rule), 40
C.F.R. §§ 745.84 and 745.86 and Section 409 of the Toxic Substances
Control Act (TSCA), 15 U.S.C. § 2689. Specifically, Region 1 alleged
that Permanent Siding failed to provide EPA’s lead hazard information
pamphlet to 17 property owners prior to conducting renovations at their
respective properties. Under the terms of the CAFO, Permanent Siding
agreed to pay a penalty of $30,702. It also should be noted that some
of the target housing units are located in potential environmental
justice areas in Connecticut. Contact: Sharon Hayes, 617-918-1328;
Steven Schlang, 617-918-1773.
I have written many articles on the EPA's Secret Weapon, retroactive enforcement through documentation. In states like New York, Connecticut, Maine, New Hampshire and Vermont contractors are required to keep records for three years. This means the EPA can go back on any contractor project to 4/22/2010.
In Massachusetts contractors must keep records for 10 years. This is like money in the bank for the EPA or Mass. All they have to do is ask to see your records. No records you are presumed non compliant, FINE.
Some argue enforcement activity is light however it will pick up in Mass. I was told by Ernie Kelly of Mass DOS that they will be going out in Teams this spring. They will focus on geographic areas. In states regulated by the EPA they will rely on documentation.
If you have not decided to implement the EPA RRP Lead Rule and requirements into your business you are taking a huge risk. We are helping contractors everyday on how to implement these new ways into their business.
How we can help you (contractors, sub trades, property owner, maintenance workers) protect your assets by making sure you are compliant with RRP......and OSHA....
1. EPA RRP and Mass RRP Training by instructors with extensive contracting back ground. We trained over 4000 contractors last year with trainers who were contractors. Our training is relevant for contractors and you will learn from someone who knows your world.
2. OSHA Lead in Construction, Medical Monitoring and Respiratory training with a proven OSHA trainer and me. In Mass you have to deal with OSHA requirements because they are written into the law. In states like New York and Connecticut you are advised by the EPA to follow OSHA requirements. EPA may not enforce this but OSHA will.
3. RRP Implementation workshops with Shawn, McCadden, myself and team. Simply we teach you how to get it done (implement RRP). If you are procrastinating call me. If you are not sure where to start call me. It is ok if you have questions. You are not alone, this law is confusing. We will provide you with the right answers and guidance.
4. RRP Coaching; I will come to you and help you implement what you have not from your RRP training.
Spring is here. No more excuses to avoid RRP compliance. Your business is too important to chance audits from EPA or Mass DOS inspectors. If you do not act now and get caught by EPA or Mass DOS what will you do then?
Please pass this on to any contractors not certified so we can help them avoid the likelihood of getting fined by regulators.
mark the coach
"one voice for the residential contracting industry"