Homeowners who hire contractors not in compliance with EPA RRP Lead Rule  and OSHA regulations are taking a huge risk.

In April of 2010, the EPA RRP Lead Law went into effect. Any contractor who works on pre 1978 homes must be trained and certified by the EPA. In some states (Massachusetts) the EPA has granted authority to enforce and administer the law. Now eight months later, any contractor caught working illegally on a pre 1978 home can be fined up to $37,500 per violation per day. Homeowners should be very concerned about hiring a non-compliant contractor. One reason is that the contractor could be generating lead dust that may lead to lead poisoning for the homeowner and their family. In addition, the homeowner may find themselves with a job shut down by EPA inspection officials. This can happen several ways;

• The local EPA, building inspector or health officials may notice illegal work activity and stop by to enforce.
• A local compliant contractor who is certified by the EPA, may notice that a job is being done illegally and they call the EPA and report the job. The EPA must investigate any reliable reports.
• A concerned neighbor may call the Lead hot line and report the contractor.

If you have a contractor who does not have plastic down and they are using prohibited practices your job can be shut down! Then what will you do if the contractor is caught and won't come back due to stop work order from the EPA or local building officials?

On the OSHA front, OSHA headquarters has added the residential industry to its targeted industry enforcement list.

I met with OSHA and Mass DOS officials last September and found out the following news;

In New England new OSHA inspectors have been added to the enforcement team. They have been instructed by OSHA leaders to stop by any residential job with activity and see what is going on. The new OSHA Penalty structure that came out last fall is to penalize and fine first, educate later.

If your contractor is not following OSHA required practices your job can be shut down immediately. What will happen then?

The EPA and OSHA are suggesting that contractors and homeowners use anonymous hot lines to report illegally operating contractors who are not following thew rules.

EPA Lead Hotline

Legally operating contractors who have invested in EPA RRP Training and OSHA compliance are not in favor of ratting out the illegal contractor. They tell me they believe it is government's responsibility to maintain a level playing field through enforcement. However I know a few who are sick and tired of losing jobs to contractors who break the rules. The illegally operating contractors include the local handyman, moonlighting fireman and teachers, laid off workers, and the undocumented.

A good way to protect yourself is always make sure your contractor provides proof of credentials and then verify them with the authorities. Don't ever assume they are valid unless you confirm on line or by speaking to the regulating agencies. For example if they say they are EPA certified go to the EPA website and see for yourself.

In Mass the Division of Occupational Safety is in charge of the Mass RRP Lead Law. To verify a contractors Mass lead license click here. If they say they are insured make sure you call the agent and confirm that the premiums have been paid and the coverage is in effect for the stated date. We cannot afford to trust a pretty face or take someone's word anymore without also being prudent. 

Follow Ronald Reagan's lead. In the 80's he wanted to trust Gorbachev but insisted that it was necessary to be prudent and send in inspectors to verify that Russia dismantled its nukes. He said we must check and verify, I owe it to the America people.

Homeowners owe it to themselves to be prudent to protect their most valuable asset, their home. Be prudent and check out your contractor thoroughly. The EPA and OSHA only care about protecting consumers and workers and they will shut down any job that is being done unsafely by a non-complaint contractor. Many times this contractor will be the lowest price! You always get what you pay for.

mark paskell 

We help homeowners with questions about hiring legal contractors.