Information, Resources and Instructions About Working Lead-Safe

The following is a partial list of links you can use to find information, resources and instructions for working lead safe.  This information can be used by renovators, landlords, tenants and homeowners.  I suggest checking them out.  I found many good work practices, ideas and options to consider that were not offered or discussed in the required Certified Renovator Training class.  Renovators may also find some of the documents valuable to share with prospects and clients when discussing pre-1978 renovations and or if the prospect is considering doing all or part of the work themselves.

If you know of other links to value information worth sharing please leave a comment at the end of this blog and I will add them to the list below.

Links to Information,Resources and Instructions About Working Lead-Safe

A Guide to working safely with residential lead paint

Field Guide for Painting, Home Maintenance and Renovation Work

How to Safely Change a Lead Contaminated HEPA Vac Bag

OSHA standards for cleaning a respirator apply to EPA RRP work

What do I need to know about Respirators when doing EPA RRP work?

What You Don’t Know About Respirators and Probably Would Rather Not Know

Restricted Practices and Prohibited Practices under the EPA RRP Rule

RRP Demo and Asbestos Removal Share Similar Risks and Work Practices

A Fast, Clean and Safe Way to Remove Lead Paint

How to Safely Use a HEPA Vacuum and Change a Contaminated Bag

Another Example of the Government Not Following Its Own Lead Paint Rules

Did you know that our government has created its own exceptions to the rules and punishments it imposes on the rest of us?   Think insider trading rules for Congress.  One more example of this is that Federal agencies are required to comply with the same OSHA health and safety standards as private sector employers, but OSHA can’t propose monetary penalties against them for failure to comply with its standards.

A recent example of this related to lead in construction is discussed in an OSHA News Release dated May 10, 2011.  According to the release OSHA had issued 16 notices of unhealthful and unsafe working conditions to the National Park Service-San Juan National Historic Site for violations of workplace health and safety standards, including exposing workers to lead and other hazards during lead paint encapsulation work in a building at the site. 

According to the release, The National Park Service was cited with violations related to lead hazards and included; not training employees on the recognition and avoidance of lead hazards, not conducting an initial lead exposure assessment, allowing lead to accumulate on floors, not providing clean change areas, not providing for laundering of protective clothing, allowing employees to leave the work area wearing protective clothing, inadequate hand-washing facilities and not notifying workers of their blood lead levels.

To make matters worse, OSHA considered these violations “willful”.  According to OSHA a willful violation is one committed with intentional knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.

Also according to OSHA, a serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

At the San Juan National Historic Site project eight alleged serious violations resulted from a lack of medical evaluations and fit-testing for employees using respirators, improper storage of compressed gas cylinders, no eye-wash stations where employees worked with corrosive products, an uncovered electrical receptacle, a lack of hazard communication training and material data sheets of the products used, and not implementing hazard communication and written respiratory protection programs.

“There is a new sheriff in town. Make no mistake about it; the Department of Labor is back in the enforcement business…  Under my watch, enforcement of labor laws will be intensified to provide an effective deterrent to employers who put their workers’ lives at risk.”

-Labor Secretary Hilda Solis, (March 2009)

Under Executive Order 12196 and Section 19 of the Occupational Safety and Health Act of 1970, the head of each federal agency is responsible for providing safe and healthful workplaces for employees. However, like many government jobs, there is typically no punishment if they don’t.  What would it have cost your business if it had committed the same violations?  According to Puerto Rico area director Jose A. Carpena, the identified hazards would have resulted in fines of $115,000 for a private sector employer. “The National Park Service must take effective action to correct these hazards and prevent them from occurring again,” he added.

Amending An EPA RRP Firm Certification

The EPA RRP Rule provides certified firms with adequate time to amend their certification whenever a change to the information included in their RRP Certified Firm application occurs.  You just need to be aware of the requirement to do so and make sure to remember to do so should your information change.

Examples of amendments include a change in the firm's name without transfer of ownership, or a change of address or other contact information.

A firm must amend its certification within 90 days whenever a change occurs to information included in the firm's most recent application. Also, If the firm fails to amend its certification within 90 days of the date the change occurred, the firm would not be authorized to perform renovations until its certification has been amended.  This would be a tough thing for EPA to discover or track proactively, it would most likely happen if the firm was being audited or investigated.

How to Amend your RRP Certified Firm Application

• Amend its certification within 90 days of the date a change occurs to information included in the firm's most recent application.
• Submit an application, noting on the form that it was submitted as an amendment.
• Complete the sections of the application pertaining to the new information, and sign and date the form.
• Include the correct amount of fees.

Important Additional Considerations

• If one of your sub contractors neglects to update their application they will be violating the rule when working on one of your projects and could cause problems for your business.
• Amending a certification will not affect the validity of the existing certification or extend the certification expiration date.
• EPA will issue the firm a new certificate if necessary to reflect information included in the amendment.
• Firm certifications are not transferable--if the firm is sold, the new owner must submit a new initial application for certification in accordance with 40 CFR 745.89(a).
• If additional information is needed to process the amendment, or the firm did not pay the correct amount of fees, EPA will request the firm to submit the necessary information or fees.
• The firm's certification is not amended until the firm complies with the request.

Contact Information for EPA and EPA Regional Offices

The organized links below will bring you to specific web pages for the EPA main office as well as the 10 EPA regional offices around the country. This information can be used by Certified Renovators and Certified Firms to contact EPA regarding questions about the RRP Rule and to report RRP Violations.

The information on and the format of each page varies.   Some of the information found on the various pages may include:

• Contact information
• Office address locations
• Links to access  FAQ databases and to ask questions
• Policy information
• Forms for reporting violations
• Employee directories
• Media contacts
• Ability to report web site issues
• TTY Numbers for the Hearing Impaired
• Individual state environmental agency contact information

EPA Contact information:

EPA Main Contact Page

EPA Staff Directory by name and location

Region 1 - Boston

Region 2 - New York City

Region 3 - Philadelphia

Region 4 - Atlanta

Region 5 - Chicago

Region 6 - Dallas

Region 7 - Kansas City

Region 8 - Denver

Region 9 - San Francisco

Region 10 - Seattle

Directions to EPA Offices:

Get directions to EPA headquarters

Get directions to regional offices

Guest Blog: RRP Demolition and Asbestos Removal Share Similar Risks and Work Practices

Guest Blogger: Rachel Gilner is an Outreach Coordinator for Asbestos.com.  She specializes in asbestos awareness, education, and safety issues within the online community.  You can follow the organization on Facebook and Twitter for the latest asbestos and mesothelioma updates.

RRP Demolition and Asbestos Removal Share Similar Risks and Work Practices  

In 2008 the EPA began forcing contractors to abide by the RRP Rule regarding lead and its health hazard.  As noted in the rule, certification is required when working with homes built prior to 1978, which is also the same time period asbestos was commonly used in building homes.  Like lead, asbestos is an extreme health risk for contractors and homeowners.  Since asbestos removal is not required by law it often goes unnoticed by contractors.  Asbestos is the leading cause of mesothelioma, a rare cancer in the lining of the lungs.

If There’s Lead, There’s Probably Asbestos

The EPA created the RRP Rule because lead is found in many products in homes.  Asbestos was also used frequently in homes in similar products such as paint, floor tiles, roofing tiles, and water pipes.  It is safe to assume that where lead is present, asbestos is also near.   Asbestos is only a serious health hazard when it is disturbed, which means during renovations the fibers may be set airborne and inhaled by workers. 

Best Practices for Asbestos are Similar to Lead

According to the RRP Rule workers are required to remain up-to-date on training and lead-safe work practices.  Although the only current laws regarding asbestos removal are for abatement companies and not contractors, safe handling is still important all around. Here are some good rules of thumb:

1. Assume asbestos is present if you are working with an older home if it has not been tested by the owners
2. Post warning signs around the area containing asbestos
3. Wear a HEPA certified protective face mask to avoid inhaling asbestos dust fibers
4. Wet down asbestos particles you may see to avoid them from becoming airborne
5. Change your clothes before returning home and keep work clothes away from family members

Protecting Your Workers

Although asbestos is not included in the RRP Rule, companies should still be concerned about the health and well-being of their workers.  Workers are protected under OSHA, and have the right to a safe workplace.  The law requires employers to provide their employees with safe working conditions.  It would be in the best interest of employers to be aware of lead or asbestos on the premises.  If a proper test has not been performed you should always assume lead or asbestos is present until it is proven otherwise

For additional information on Asbestos visit Asbestos.com.  If you think you may have been exposed to asbestos and would like to speak with someone directly our advocates can be reached directly at 800-815-7924.

CLPPP Says Obama’s Omnibus Bill Slashes CDC Funding; Puts Children at Risk of Lead Poisoning

One big reality of the current recession is the need for everyone to cut back their budgets.  This holds true for most Americans, businesses and nonprofits.   It has now also started to become a reality for our government.  A recent discussion posted to LinkedIn includes a link to an article that is titled “President Obama: Restore funding to help lead poisoned children!”  The article explains how President Obama’s Omnibus bill slashes CDC funding for its healthy homes and lead poisoning prevention program by 94%, leaving half a million lead poisoned children without the full services they need in the coming year.

The fact is there is less money available and use of the money that is available needs to be prioritized.  It is also important to recognize that as Americans we are all entitled to our opinions, so it is only natural that there are many views for defining that prioritization. 

In this new economy perhaps everyone needs to rethink how we invest.  Organizations like CLPPP do great things for our society. However their ability to do so has been based on being and continuing to be SUBSIDIZED by the government.  Due to economic realities its time such organizations rethink how they use OUR money, because we are running out of it unless we print more.  If they use (or had used) the money they receive to STIMULATE their ability to exist perhaps they would be able to keep accomplishing their purpose without as much money from our government.

Remember the book titled “Who Moved My Cheese”?  With the predictable reality of reduced subsidies becoming the norm due to this economy, organizations like CLPPP could (and should) use the limited funds they will have going forward in a different way. Perhaps knowing funding would likely become tight; they should have already changed their strategies like the smart mouse in the book.   For example:

• Why not use their funds to get the EPA to actually enforce the RRP rule? 

• How about use the money to find and publicly expose the businesses doing RRP work without the required training and firm certification?  

• Why not use the money to check for building permit applications on pre 1978 housing that were approved and granted to businesses that are not EPA certified firms? 

• Why not send CLPPP staff out into the communities they serve on the weekends to find and help DIY parents doing RRP work on their homes without the use or even the knowledge of lead-safe work practices?  

• Why not teach inner city parents how to clean their homes in lead-safe ways that contain and capture lead dust, not put it back into the air and spread it around more?

The fact is that these example tactics could help accomplish the same goal of helping children and all of my examples would be proactive, significantly decreasing the number of children becoming lead poisoned by RRP activities and other sources of lead dust to begin with.

Doesn’t it make sense to concentrate funding on efforts that would prevent lead poisoning to begin with, rather than justify that money from the government is needed to help those already poisoned?  Why is it they are they still getting poisoned?  Plus, it would probably be much less expensive to prevent the problem than it would be to deal with it after it has occurred.

Just like independent small businesses with tight budgets, in a tight economy organizations like CLPPP and others must rethink how they do what they do so they can reduce their costs but at the same time become more effective at what they do.   In this new economy we all must find new ways to do business so we can continue operations and serve our customers the best way possible.

RRP Training Refresher: Health Risks of Lead

It’s probably been a while since you took your RRP Certified Renovator Training Class.  This blog post is offered as a refresher topic to help you keep important details about the RRP rule top of mind when selling, estimating or performing RRP renovations.

Lead poisoning does not always have obvious symptoms

• Headache
• Stomach ache
• Irritability
• Fatigue
• Loss of appetite
• Joint and/or muscle pain

Workers with an occupational exposure to lead need to inform their doctors in order to give them all the background needed for an adequate evaluation of symptoms as possibly related to lead exposure.

Children under six are most at risk from small amounts of lead.

Children are at a greater risk than adults because their bodies are developing. During normal and frequent playing or hand-to-mouth activity, children may swallow or inhale dust from their hands, toys, food or other objects.

In children, lead can cause:

• Nervous system and kidney damage.
• Decreased intelligence, attention deficit disorder, and learning disabilities.
• Speech, language, and behavior problems.

Among adults, pregnant women are especially at risk from exposure to lead.

Lead is passed from the mother to the fetus and can cause:

• Miscarriages
• Premature births
• Brain damage
• Low birth weight

Are you noticing any of the following about yourself or your co-workers?

Health effects of lead in adults include:

• High blood pressure
• Fertility problems in men and women
• Digestive problems
• Nerve disorders
• Memory and concentration problems
• Sexual disorders
• Muscle or joint pain.

Thoughts About Lead Poisoning for Hunters and Their Dinner Guests

International and domestic studies have shown elevated lead levels in humans consuming large and small game hunted with lead ammunition.  Studies prove that regular consumption of game meat in adults and children found elevated blood lead levels compared with background levels, especially among children.   

In terms of lead ingestion, risk is dependent on how much lead is consumed and the frequency of exposure; therefore, limiting the total amount of lead exposure reduces harm. Factors that increase dietary lead exposure from spent lead bullet fragments in wild game include:

•The frequency and amount of hunted game that a person consumes.

•The age of the person consuming the meat.

•The degree of bullet fragmentation.

•The path which the bullet enters the wildlife.

•The care with which the meat surrounding the bullet wound is removed

•The use of any acidic treatments of the meat that would dissolve the lead (such as coating the carcass with vinegar or use of acidic marinades in cooking), which can increase exposure.

•Fragmentation that occurs due to the bullet hitting something hard (e.g., bone).

Important Considerations When Processing Your Bounty:

There is expected to be a higher incidence of lead bullet fragments in ground meats than in loins or roasts because meat trimmed away from the bullet channel can contain more fragments. This is because the muscle tissue around the wound channel is not discarded, but rather is used in burger, stews, and sausages.   It is recommended that the tissue around the wound channel be removed during food preparation.

Variation in lead concentrations in small animals such as birds is large, most likely due to the shooting skill of the hunter. Birds where the hunter has not destroyed the body in killing it will have less lead exposure when consumed.

When preparing venison, avoiding vinegar and other acidic substances is suggested, as acids can make lead more soluble and therefore more readily absorbed in the body. Also, when processing, minimizing the batching of multiple deer is thought to reduce cross-contamination.

Ways to avoid the problem:

You could switch to archery!  If that is not an option for you consider use of non-toxic ammunition.  Currently, the US Fish and Wildlife Service approves the use of 11 types of non-toxic shell-shot with various material compositions. For example shell-shot is available in steel, bismuth, tungsten, and tin.  Also, bullets are available in copper and metal alloys.  The picture to the left shows he difference when a lead and a copper bullet were fired into a barrell.  The copper bullet mushroomed while its lead counterpart shredded during a recent demonstration at Waterloo, Wisc. Gun Club.

Note:
This information was summerized from "Lead Issues at National Park Service Units:Identifying Potential Sources and Minimizing Exposure" by the National Park Service Office of Public Health

Refresher: Exemptions to RRP Work Practices

It’s probably been a while since you took your RRP Certified Renovator Training Class.  This is the first of several blog posts that will be added to RRPedia in the next few months or so to help renovators keep important details about the RRP rule top of mind when selling, estimating or performing RRP renovations.

The RRP Rule's required work practices may be waived under the following conditions:

• The home or child occupied facility was built after 1978.
• The property is used as housing for the elderly or persons with disabilities, unless any child who is less than 6 years of age resides or is expected to reside in such housing
• The property is a zero-bedroom dwelling, such as studio apartments or dormitories.
• The renovations are performed by the home owner(s) themselves
• The renovations are performed without compensation (Examples might include friends, brother-in-law, or volunteers)
• The repairs are minor, with interior work disturbing less than six square feet of painted surfaces per room or exteriors disturbing less than 20 square feet of painted surfaces on the entire envelope.
• The work practices do not apply if the entire house or specifically affected components, as described within a scope of work for the project, test lead free by a Certified Risk Assessor, Lead Inspector or Certified Renovator
• In the case that renovations are for emergency or interim control purposes, the work practices do not apply.  However, in these situations, the cleaning practices and cleaning verification are still required.

I did a RRP videos series for Remodeling magazine shortly after the RRP Rule went into effect.  In video #6 titled; Exemptions to RRP Work Practices, I offer examples of when, where and why the RRP rule and work practices are not required under the rule. The video stresses that even if the work practices are not required under the RRP rule, your business will still be liable if lead poisoning and or contamination results from the way work is performed.  

Also, in the video contractor insurance expert Tom Messier of Mason and Mason Insurance stresses the importance of verifying proper and adequate insurance coverage to protect your business, available coverage options as well as related costs for coverage.

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.