Looking for accurate information about the EPA RRP rule? Double Trouble for RRP Renovators: OSHA and EPA to Work Together
I just became aware of a recent Memorandum of Understanding between OSHA and EPA that outlines how the two separate government agencies will work together in Region One (the northeast). The memorandum clearly explains that the purpose of working together will be to “improve and optimize the combined efforts of the parties to achieve protection of workers, the public, and/or the environment at facilities subject to EPA and/or OSHA jurisdiction”. The memorandum was not dated, and although it had place holders for the date in the signature area, neither agency’s Regional Administrator signing the memorandum dated their signature.
The memorandum further explains the process and framework for notification, training, consultation, and coordination between them to more effectively support the two agencies’ enforcement programs. It specifically lists two special enforcement initiatives:
- OSHA’s Lead in Construction standard
- EPA’s Lead-Based Paint Renovation, Repair and Painting Rule
I found out about this memorandum at the Contractor Coaching Partnership Blog titled “Region 1 EPA and OSHA to work together on RRP/OSHA enforcement”. In the blog Mark Paskell highlights from the memorandum some of the ways OSHA and EPA will work together. Here is one highlight renovators will be sure to find sobering:
“EPA and OSHA may conduct joint inspections as appropriate to carry out the purposes of their respective statutory authorities. Such inspections may be coordinated in advance but may also be scheduled on an ad-hoc basis.”
With spring only a short time away, contractors will soon be working outdoors again in the northeast. This will make the work they do and the work practices they use much more visible to OSHA and EPA. Consider yourself warned and get ready. In additional to the work practices required under RRP rules, there are plenty of OSHA regulations and requirements as well. If you don’t have written safety plans for the work your business performs, or if you have not provided the required safety training and equipment for your workers, you might become an easy target.
Whether guilty or not, know your rights as a business if you are visited. As a business, if written up by a government agency, you will be considered guilty until you prove your innocence, at your own expense. How you handle the visit can make a big difference. See this previous RRPedia post for guidance on how to handle a request for information should either OSHA or EPA drop by to collect information or send a request your way.
Anne points out that EPA Administrator Lisa was quoted to say “EPA is back on the job" and that EPA has received the largest enforcement budget in its history, making it more likely that your business will be subject to some type of investigation. 
Although a written request for information should specify the statutory authority for the request, don't assume that the agency actually has the cited authority. Knowing the source of the government's authority for the request, as well as determining the applicability of the request to your business, is imperative in both limiting the scope of your response and protecting your business interests with customers and other parties that may be affected by the request.
On the other hand, since taking over the RRP Rule in MA, working with MA state officials has been much more productive. The Massachusetts Department of Labor Standards (DLS), formally called the Massachusetts Division of Occupational Safety, under the leadership of the department's Director Heather Rowe, has been very receptive to meeting with concerned stakeholders, hearing and recognizing stakeholder's concerns, and working with stakeholders to address their concerns. Currently, in addition to working on amendments to the RRP regulations in MA to address concerns, the DLS is also finalizing their plans to step up enforcement and compliance actions this spring as the home improvement season begins. Is it happening as fast as we all might like, no. However, based on budget and resource realities, I think DLS is doing a good job listening and prioritizing their efforts.
As one way to continue their efforts and interact with stakeholders, the Massachusetts Department of Labor Standards is looking for additional input from contractors and lead industry practitioners in anticipation of making amendments to the MA RRP regulations. An official from this agency will be participating in a May 18 workshop on the RRP Rule being held in Marlborough, MA sponsored by the Lead and Environmental Hazards Association (LEHA) and will be discussing the Department’s plans for revising the RRP regulations as well as the Department's enforcement efforts.
While at the workshop I found one thing the main instructor Darcy Cook of Safety Trainers said to be very important for contractors to be aware of. Under the OSHA Lead in Construction Standard, contractors must assume their employees will be exposed to lead above OSHA’s established action level requiring the use of respirators until they actually conduct air monitoring testing to prove otherwise.
So, under OSHA requirements, before allowing them to do RRP related work or even enter a contained work area, employees must first be sent to a physician to be sure they are healthy enough to wear a respirator. Then they must be fit tested by a professional and provided with a properly fitted respirator that protects them from worst case lead exposure scenarios based on the kind of work they do. They must also be trained how to select, use, clean and store a respirator. And, they must wear the respirator until the air monitoring testing is done to identify when a respirator is required and when it is not depending on how the work is performed and what engineering controls are being used.
On Friday 
If RRP instructors follow the EPA created instructor training manual when training renovators, they will be teaching students to do things that violate OSHA rules. (
Current OSHA and RRP related rules and training seems to concentrate on what not to do, without enough time and attention on the right way to do things. With OSHA for example, fall protection rules require a business to put fall protection equipment in place and train workers when and how to use. Great, but why not also complement it with training on methods for working safely and how to avoid putting yourself in a position to fall? 
For RRP, the required training teaches how to contain dust and debris so it won’t spread outside the contained work area. Might renovators who follow these instructions only be increasing the health risks to workers by containing and concentrating the dust and debris in the confined work area? Wouldn’t it make sense to also train workers on lead-safe work practices that actually limit or prevent the creation of dust to begin with? 
If an EPA enforcement employee and and OSHA Field inspector show up at one of your jobsites, at the same time, there is no way you will be able to satisfy both. I suggest this is another example of shortsighted leadership within both organizations. It also points out the lack of knowledge and awareness our political leaders in Congress have as it relates to understanding the construction industry and overseeing the creation of regulations that affect businesses of all sizes.
