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.

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.

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.

RRP Training in Massachusetts is heating up again. We have had many calls from contractors after they had site visits from the DOS (Department of Safety). The DOS is out enforcing the law. They are giving warnings and letting contractors know that as of 7/9/2010 contractors must be registered with the State of Mass and trained to work on pre-1978 properties.

We are starting to see property managers and owners of pre 1978 rental housing sign up for our RRP trainings. The main focus for RRP training has been the residential contracting industry, with little promotion to individual property owners. It appears that property owners are starting to hear about the law. Property owners who own rental property built before 1978 must distribute the Renovate Right Brochure to their tenants. They must also use RRP lead safe practices if they disturb 6 square feet on the interior or 20 square feet on the exterior.

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. 

On Thursday the EPA announced that Hybrivet's Lead Check test kit will retain it's current recognition indefinitely. This EPA approved test kit is used in the EPA RRP training course for contractors. The EPA reviewed several test kits and deemed Lead Check was suitable for their needs. Many industry experts were anxious to see if the EPA would change the recommended kits leading to the potential that contractors would need to be retrained on a new testing product. This development should for the short term allay these fears.

On June 18th, 2010 the EPA posted a memo that delayed enforcement and fines for Firm Certification until 9/30/10 and Certified Renovator Training until 12/31/2010. This memo also stated that untrained contractors performing work on pre-1978 homes must follow and be compliant with the RRP Lead Rule. The content of the memo has caused a significant downturn in the number of contractors signing up for the mandatory training. Many lumberyards have told us that contractors think they have until next year to do training and many contractors are claiming that the law will be reversed. In Massachusetts putting off the training and certification is going to be costly for contractors.

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.

I received a call today from a nice guy who had a similar mindset to a contractor I spoke with earlier this year. I thought I would republish my post Mr EPA Man and share the views of concerned contractors.