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An Opportunity to Make Sure Massachusetts Enforces the RRP Rule

Posted by Shawn McCadden on Mon, Dec 13, 2010 @ 02:39 PM
  
  
  
  
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An Opportunity to Make Sure Massachusetts Enforces the RRP Rule

MA DOS and the RRP RuleThe Commonwealth of MA Executive Office of Labor and Workforce Development will be holding public hearings where interested parties can attend to provide suggestions to Joanne F. Goldstein, the Secretary of Labor and Workforce Development, regarding how the money appropriated to the Department of Labor (DOL) and the Division of Occupational Safety (DOS) should be spent in Fiscal Year 2012.

So far I have been very pleased with the efforts of the DOS regarding the RRP Rule.   Under the leadership of Heather E. Rowe, the Department’s Acting Commissioner, we have seen significant progress and improvements here in Massachusetts as compared to EPA’s efforts and the EPA RRP rule.  I have been fortunate to work with several DOS employees regarding the rule.  In my opinion, the ability to work with and interact with the same people who not only enforce the rule, but also have the ability to help shape the rule, has been a major plus for those Massachusetts contractors affected by the rule.  We have discussed many ideas I feel will help level the playing field for legitimate and honest contractors who are challenged by being in competition with those contractors who are operating illegally.  I find the DOS to be open to many of these ideas and they have great ideas to offer as well.

MA RRP EnforcementProper and effective administration and enforcement of the RRP rule will take money.   Because the amount of money the DOS and DOL will get in 2012 is already decided, contractors must voice their opinion as to how they think the money should be spent.   It is my opinion that the money could actually be invested in the health and safety of Massachusetts citizens to protect them from the dangers associated with contractors who ignore lead-safe work practices.  And, if properly and adequately enforced, the RRP rule would not only help to eliminate the underground construction economy here in Massachusetts, it would also help bring in additional revenue for the state in fees to those who get licensed to do the work, in fines to those who operate illegally and in taxes collected if all construction businesses doing RRP work have to pay their equal share of payroll and income taxes.  

I will being going to the hearing on Thursday December 16th.  I hope you will join me in my efforts and attend one of the hearings to express your opinion.  Remember, the purpose of the hearing is to discuss the budget.  Please keep your comments pointed towards constructive solutions, protecting the health of MA children and other citizens, and stress support for protecting the interests of legitimate contractors who already contribute their fair share of taxes to support our government.

Here is the Notice:

The Executive Office of Labor and Workforce Development will hold two public hearings to allow interested parties to provide their comments to Secretary Joanne F. Goldstein as part of our fiscal year 2012 budget recommendation. These hearings are scheduled as follows: 

Hearing 1 – Boston, MA

Thursday, December 16th, 2010

Charles F. Hurley Building, Minihan Hall

19 Staniford Street, 6th floor

Boston, MA

11:00 A.M. to 2:00 P.M.


Hearing 2 – Taunton, MA

Tuesday, December 21st, 2010

Taunton Career Center

72 School Street

Taunton, MA

4:30 P.M. to 6:30 P.M.

 

Written comment is encouraged prior to the hearing.  Parties may also submit written comments at the hearing or through December 22, 2010.  Please address comments to:

Secretary Joanne F. Goldstein

Executive Office of Labor and Workforce Development

One Ashburton Place, Suite 2112

Boston, MA 02108

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Comments

Shawn, you've done a stellar job teaching and informing on the RRP rule. Of course all the states will either take over or bungle the process. I'm not here to say anything but "Good job Shawn", it can't be easy staying on top of this topic. Paul Lesieur
Posted @ Monday, December 13, 2010 4:28 PM by Paul Lesieur
just read today city of boston wants to close 8 schools to save 63 million dollars that the city does not have in their budget. But darthbama/aka/ mr paint chips, wants to blow 500 million a year policing paint chips. This is obserd they want us to tell them how to put us out of bussiness? The new world order darthbama/aka/mr paint chips this can be solved buy puting the opt out back in very simple, in stead every contractor has to worry that mr paint chips is going to step on your job site and find paint chips, in the mulch bed. Guess what I am $37,000 large in the hole and not including, if my guys dont have space suits on. I guess thats an OSHA fine. Now guess what, I am out of bussiness, my 7 employes are out of a job. So i guess this is part of the job stimulis program money. I think we should not be telling the DOS how to spend this money, we should be writing our senators. Why these blood sucking, tree huggers, storm troopers, croanies should not spend our moneys if this is called job creation something is wrong. Call your senators dont forget we need to tell them where our hard earned american tax paying dollars should be spent.
Posted @ Wednesday, December 15, 2010 3:36 PM by paul k
Paul, I hear your frustration. However, please help me out. Is it your opinion that the lead issue is not real? If you agree it is real, what do you have to say about the fact that the construction industry did not address it or provide a solution before the government forced a solution upon it through regulation? Also, can you point me to where you found that $500 million would be spend policing "paint chips" (AKA RRP)?
Posted @ Wednesday, December 15, 2010 4:04 PM by Shawn McCadden
Shawn, 
 
I know lead paint poisoning was an issue, back 20 years ago. Please see for yourself the data from the cdc regarding the decline in lead paint poisoning in children. 
 
www.cdc.gov/ne/eco/uep/success.htm 
 
The NAHB has been fighting with this law for a few years now and they are suing the EPA regarding the opt-out clause and their right to enforce such a law. The $500 million to police "paint chips" can be found in an article written by Amy Chai from NAHB, see 
 
www.nahb.org/generic.aspx?genericContentID=99044&fromGSA=1 
 
This law was not supposed to be enforced or thought about until 2013, Thanks Mr.Obama/Annointed One for pushing that date up,if you waited maybe the number effected by lead paint would be zilch. Please look into the fact that since 1993 the number of cases has declined 97%. In the first nine months of 2010 the number of 5,590 has dropped to 163 cases. So is lead poisoning real yes, a MAJOR issue? NO! Please refer to the Lead Action Collaborative's press relese of 10/22/2010. 
 
leadactioncollaborative.org/about/events.html 
 
Click on press releases. 
 
I have already written and spoken to my local reps, who have turned over the info to my state senators. Everyone in the business needs to write or call their elected officials, we are all stronger in numbers. I am not just rambling. Please do not let Mr.Darthbama/Annointed one take us all to the dark side. Write or call please....Luke can't help us, Mr. Darthbama is taking us to the hepa vacs/black holes of destruction. Hope people will take a stand!!
Posted @ Wednesday, December 15, 2010 10:22 PM by paul k
Shawn, 
 
I am not saying lead paint poisoning is not real, I just do not believe we need such drastic rules. According to the CDC, lead paint poisoning in children has decresed drasticly. Please see article under  
 
www.cdc.gov/nceh/lead/data/State_Confirmed_ByYear_1997_2007Total.pdf 
 
You ask about the construction business not getting involved sooner, NAHB has been fighting this for some time now. They are suing EPA regarding the opt-out clause and the issue wether EPA has the right to enforce these restrictions. Amy Chai wrote an article stating the $500 million to police "paint chips". See article under. 
 
www.nahb.org/generic.aspx?genericContentID=99044&fromGSA=1 
 
The rules/law was not even to be enforced or regulated until 2013, but thanks to Mr. Darthbama they moved it to 2010. 
 
Also the Lead Action Collaborative's press release dated 10/22/10 states since 1993 the high lead levels has dropped from 5,590 to 163 in the first nine months of 2010. See press release under. 
 
leadactioncollaborative.org/about/events.html 
 
Every contractor, homeowner, senior citizen needs to write or call their local reps, or their senators. I have contacted my local reps and they have forwarded information backing the opt-out clause being put back in. I have contacted the SBA in Washington, I have also contacted the new agency that is supposed to be looking after us small businesses. We all need to do this. We will have strength in numbers. I for one do not want Mr. Darthbama to have the hepa vacs/black holes take us to the dark side. Luke is not going to help us, we need to help ourselves, period. Put your voices into action to stop this. PLEASE, for everyones sake. If anyone would like those e-mail addresses just let me know. GET THE WORD OUT.
Posted @ Wednesday, December 15, 2010 10:42 PM by paul k
I am 60 years old,live in Augusta maine and have been a house painter sense I was 16yrs old and started out working for my Dad. I am enclosing my lead paint results I had taken at the VA in Togus,Maine on 3/08/10 which is a {5} I took the lead paint class and they told us 0 to 10 is acceptable and my instructor had a (3) they also told me at the VA that I had no worrys at all with being under a 10 and again I have been painting for 44 years. 
The lead paint is not as bad as they want you to believe it is unless your a kid eating the paint on the window stools. Please let them do some studies on this and test some paint contractors that have been doing it for 5 yrs or more. 
 
MY biggest complaint is working on the 6 mil. plastic they want you to put down 10 feet from building to catch the paint chips out side when you are scraping a house or a garage etc. I do not feel save at all working on the plastic.I have always used a drop cloth to catch the chips and put them in a garbage bag. 
There will be many people that will be getting hurt working on the plastic through out the usa.People need the money and will not stop scraping because it rains a few drops and they also want you to wet scrape so people will be using a garden sprayer to wet the clabboards down with. I am truely surprised that OSHA will allow this because it is very dangerous working on plastic. People will be having law suits against EPA because they are made to work on the plastic and will be getting hurt. I have sprayed a ceiling once inside with plastic over basement floor and I have never in my life walked on any thing so slippery and much worst than ice when it is wet. 
who ever wrote up these rules have no idea what it is like trying to put 6 mil plastic up around scrub brusses,plants,flowers etc while trying to get a ladder in there to paint and it is plain stupid to work on wet plastic and any breeze will blow the paint chips onto the ground and if we were allowed to use a drop cloth I have never had any problems with the chips blowing off unless the wind blowed real hard like around 40 mph. 
This 6 mill plastic is really thick and will be filling our land fills and it takes 1000's of years to deteriorate.The risk out way the benifits.I for 1 do not want to work on plastic and get hurt.some one must be buddies with some one in OSHA to allow this. 
Can the EPA tell us how many people have died from construction done on there pre 1978 houses. I also sent this letter and more to senator Susan Collins. Please write to your senators to get the Opt-Out reinstated 
Posted @ Tuesday, February 22, 2011 8:57 AM by Dale B
dale you are 100% right shawn have you ever brought this up to the dos this makes a lot of sence do you think so or not
Posted @ Tuesday, February 22, 2011 12:13 PM by paul k
Paul, I am not sure what you are asking about? Also, note that in MA you can use tarps on the ground for exterior work. The can be reused outside if HEPA Vac'd clean, but cannot be reused for any interior use after they have been used outside for RRP activities.
Posted @ Tuesday, February 22, 2011 6:55 PM by Shawn McCadden
shawn instead of use of plastic/poly being used for interior work why will they epa rrp/dos bend on just the use of cloth drops for interior work with a extra good clean up this i think would solve 75% of this rrp problem i have been in the bussiness for 24 years with out any problems with the issue with lead paint but now this whole rrp law i think people are going to be looking for suits/not paying balance of jobs when completed or just call the epa on the contractor when the job is going on because we did not put poly up on doorways when installing replacement windows. that hand booklet we give out is just saying sue me i think installing replacement windows is not much of a lead hazard to be going though like we are lead abatement companys and the liabilty that goes with that bussiness what is your opion also what do you think of this getting repealed after that obama speech about regulation i beleive they epa want feed back from bussiness that think this law is a burden by march 18 do you think it will do any good writing the epa/dos on this issue or is this a wast of time and there is no way this law will be re writing with a opt out & no osha regarding suits and reperaters/masks
Posted @ Tuesday, February 22, 2011 8:21 PM by paul k
Paul, I suggest not much of what you are asking for will even be considered. My take is that if the dust wipe amendment goes through the problems and costs will really become an issue. Also, there will be no removal of OSHA requirements. The OSHA requirements were already in place before RRP happened. I would also suggest Obama's speech may allow for some amendments to the rule, but it won't be going away under Obama's presidency. 
 
I ask those of you who feel there is no health danger do some research. It is real. I know now that I had been poisoned myself earlier in my career. The doctors didn't know to check for lead. The symptoms were real at that time, but similar to having other aliments and I have no idea what long term effects it might have had on me, and for that matter my family. 
 
I suggest you write in your thoughts in a professional way. Evidence of the negative effects are stacking up and perhaps some things could get amended as a result.
Posted @ Wednesday, February 23, 2011 6:51 AM by Shawn McCadden
Shawn, 
 
I have been installing windows for over 25 years. I have worked on homes where every part of the house was full of lead, without resperators or masks. I have had my lead levels tested and my lead levels were always under 10. I agree if you are eating the paint chips you will end up with lead paint poisoning. I have walked away from too many jobs during this economic crisis due to this new law. I am certified, and in full compliance with MA laws, yet I want no part of the liabilities. This law has now made me vulnerable to too many frivoulus lawsuits, so I would rather walk away then have EPA,DOS, or OSHA or a neighbor,owning my home. So yes lead is a problem, yet the EPA, DOS and OSHA have gone completly over board. I put over 25 people to work, yet now, I am having a hard time to keep 3 people in a job. I remember in one of the posts another person asked you where you stand on adding the opt-out clause back in, yet I do not believe you ever gave your answer. Do you think the law has gone over board? In my opinion the EPA has gone hay wire, power happy just to add money to their pockets, and keep them in a job, but forget about the hard working men and women who this law effects, homeowners and the small businesses that depend on those homeowners to feed their families. Just ask all the men that I at one point put to work, and now are losing their homes and can not afford to feed their families, because of the new regulations. So again I ask you, do you think the opt-out clause should be put back in place? And if so do you plan on writing your views to the commitee holding hearings on this?
Posted @ Thursday, February 24, 2011 1:27 PM by paul k
Paul, I do agree that the opt-out should be reconsidered. Not sure if I will send in comment. I will however be participating in a sit down meeting with EPA in DC in June and have several topics on the agenda to address with them.
Posted @ Saturday, February 26, 2011 4:52 PM by Shawn McCadden
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