--- title: Contractors and Subs Doing EPA RRP Work Will Need to Work Things Out description: Contractors seeking to comply with the EPA RRP rule are reporting challenges finding trade partners who are willing to operate in compliance image: https://www.shawnmccadden.com/hs-fs/file-15739107-jpg/images/confused_contractor-wr.jpg --- [![Shawn McCadden](https://www.shawnmccadden.com/hs-fs/hub/81069/file-1539748069.jpg)](https://www.shawnmccadden.com/) # Welcome to RRPedia Your Interactive Resource for EPA RRP Information ## ![RRPedia logo](https://www.shawnmccadden.com/hs-fs/file-1549005086-jpg/images/RRPedia_Logosmall_-wr-1.jpg)Looking for accurate information about the EPA RRP rule? RRPedia has been created by Shawn McCadden to help remodelers and others affected by the New EPA Renovation Repair and Painting Rule.  ## Please read *[RRPedia Use and Contribution Information](https://www.shawnmccadden.com/using-and-contributing-to-rrpedia-/) *before using or contributing to RRPedia.   --- # You Can Browse For RRP Topics By Using The Tags List To The Right ## [Contractors and Subs Doing EPA RRP Work Will Need to Work Things Out](https://www.shawnmccadden.com/rrpedia/bid/45859/Contractors-and-Subs-Doing-EPA-RRP-Work-Will-Need-to-Work-Things-Out) Posted by [Shawn McCadden](https://www.shawnmccadden.com/rrpedia/author/shawn-mccadden) on Fri, Sep 03, 2010 @ 01:50 PM - [Tweet](https://twitter.com/share) ## Renovators And Their Trade Partners Will Need To Work Out And Agree On Who Will Do What #### ![Confused Renovator](https://www.shawnmccadden.com/hs-fs/file-15739107-jpg/images/confused_contractor-wr.jpg)Many contractors seeking to comply with the new EPA RRP rule are reporting concerns and challenges about finding trade partners who are willing to operate in compliance.  Many renovators have told me that their trade partners have flat out refused to get their businesses and workers certified.  Others have said their trade partners have committed to do so but have been slow to get it done due to the related costs.  This has become quite an opportunity for some trade partners who have become certified and are marketing their certifications and services to general contractors. Several are actually offering to sub-contract the set-up, containment, demo, clean-up, cleaning verification and all related and required documentation for general contractors. #### A surprise to me, but also a no-brainer, was one electrician’s comment that he was having problems finding general contractors to work for who were in RRP compliance.  Just as general contractors need to find new compliant trade partners to work for them, many trade partners are finding they can no longer rely on the volume of work they got in the past from contractors if those businesses choose to operate illegally. #### Liability risks may also drive compliance.  Renovators and their trade partners will need to work out and agree on who will do what.  Here are a few examples: - #### ![Renovate Right Pamphlet](https://www.shawnmccadden.com/hs-fs/file-16118490-jpg/images/renovate_right_brochure_front_cover_only_as_of_6-2010-wr.jpg)Who will take care of the notification requirements and documentation of same before the job begins?  Under the rule, either can do so, but the business under contract with the property owner must maintain the required documentation. - #### If a trade partner or his employees are not certified renovators, will the renovator take on the responsibility of training and supervising the trade partner and or his employees?  If so, at what level of risk? And, will either business’s insurance company allow such a relationship in the future?   - #### Who will create the required renovation checklist? - #### Who will make sure the homeowner and or tenant receives a copy of the required renovation checklist after completion of the work?  - #### In Massachusetts, who will maintain the required log documenting who comes in and out of the containment area during the course of renovations? #### ![Finger pointing](https://www.shawnmccadden.com/hs-fs/file-15756817-jpg/images/finger_pointing-wr.jpg)The first time a RRP fine is accessed for a violation the finger pointing will start, causing one or both businesses to get serious about certification and compliance.  The first time a renovator is sued by a client or neighbor as a result of the actions of a trade partner, the tactics used by the lawyers will cause both businesses to have a new and different outlook on RRP compliance, insurance coverage amounts and indemnification clauses.  [Attorney Mike Sams](http://www.kandslegal.com/litigation-attorneys/michael-p-sams.php) of [Kenney & Sams, P.C.](http://www.kandslegal.com/), told me that failure of a business to be properly certified under the RRP rule on its own is evidence of negligence should a homeowner or insurance company take the contractor or trade partner to court.  Taking this a little further, a contractor hiring a non-certified trade partner might also be considered negligence if that trade partner is allowed to work unsupervised. #### ![IRS Logo](https://www.shawnmccadden.com/hs-fs/file-15767649-jpg/images/irs_logo-wr.jpg)To confuse matters even further, under their definition of the difference between an employee and an independent contractor, the IRS says that a contractor cannot supervise the work or workers of a sub contractor.  Doing so might result in the IRS labeling the sub contractor as an employee. If this were to happen it could trigger addition payroll taxes and workers compensation costs for the general contractor. Topics: [Effects of the RRP Rule](https://www.shawnmccadden.com/rrpedia/topic/effects-of-the-rrp-rule), [Production Considerations](https://www.shawnmccadden.com/rrpedia/topic/production-considerations), [Subcontractor Considerations](https://www.shawnmccadden.com/rrpedia/topic/subcontractor-considerations), [Legal Considerations](https://www.shawnmccadden.com/rrpedia/topic/legal-considerations), [Shawn's Predictions](https://www.shawnmccadden.com/rrpedia/topic/shawn39s-predictions), [Insurance Considerations](https://www.shawnmccadden.com/rrpedia/topic/insurance-considerations), [Notification Considerations](https://www.shawnmccadden.com/rrpedia/topic/notification-considerations), [Compliance Options](https://www.shawnmccadden.com/rrpedia/topic/compliance-options), [Documentation Considerations](https://www.shawnmccadden.com/rrpedia/topic/documentation-considerations), [MA RRP Lead Rules](https://www.shawnmccadden.com/rrpedia/topic/ma-rrp-lead-rules), [Enforcement and Inspections](https://www.shawnmccadden.com/rrpedia/topic/enforcement-and-inspections) [![cs-ye-234x16](https://www.shawnmccadden.com/hs-fs/hub/81069/file-1553381212.gif)](http://www.copyscape.com/duplicate-content/) ### Subscribe to RRPedia by Email and get notified about new postings as soon as they happen! ### Are You Documenting Yor Crew's Compliance With The RRP Rule?  [![download free RRP checklist](https://no-cache.hubspot.com/cta/default/81069/dd6aace9-6cb0-4ad2-a55a-09846d7f5b5e.png)](https://cta-redirect.hubspot.com/cta/redirect/81069/dd6aace9-6cb0-4ad2-a55a-09846d7f5b5e) ### Still Using a Yellow Pad for Your Estimating? 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[Worker Training (15)](https://www.shawnmccadden.com/rrpedia/topic/worker-training) ### I just wanted to say thank you for your efforts to keep us informed.  *"Thank you again for the hundreth time for keeping a vigil on this business nightmare. Your site is one of the best resources we have to stay on level ground"*  **Christian Peter**   *"I am quite impressed with all the confusion out there at Shawn McCadden’s clear and concise voice that continues to help contractors and those involved in this industry truly understand the rule. His efforts should be applauded."*  **Christopher Wagner, LBPFiles**   *"RRPedia is an accurate and contractor friendly interpretation of the very complex and confusing EPA RRP rule"* * * *"Thanks for taking the time to write the blog.  It's about the only place one can go to get some serious info on this dreadful subject"*   *"I would like to begin by thanking Shawn for all of his postings and education that he has been sharing with the remodeling industry. He has personally been extremely helpful in guiding me through various interpretations of the RRP rule, his advice and knowledge are priceless."* **Michael A. Mahoney*** * ### Suggest or Contribute a RRPedia Topic ### Want a Simple Summary of the EPA RRP? #### Shawn McCadden has created an EPA RRP Summary for Remodelers. *"Hi Shawn, **Nice RRP write up on the website.   I've already forwarded a link to it to a number of local builder types."*   #### [Click here to go to the summary.](https://www.shawnmccadden.com/epa-rrp-summary-for-remodelers-by-shawn-mccadden/)  You can also download it if you want your own copy. ### Add this widget to your Web page, blog, or social networking site. A widget is a CDC.gov application that displays the featured content directly on your web page. Click the buttons to see the next tip to prevent lead poisoning.