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

On December 2nd I attended an RRP/OSHA Respiratory and Worker Protection Workshop put on by The Contractor Coaching Partnership and Safety Trainers.   The workshop was really helpful for me.  It helped me tie together some of my open questions and concerns regarding OSHA requirements and compliance as they relate to RRP related work activities for employees.

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.

This means that respirators must be worn while doing RRP work until the testing is done and a written respirator plan is put in place that details when a respirator is required and when it is not.   Engineering controls can be used to limit the creation and or spread of lead dust while work is performed.  The requirement to wear the respirator or not all depends on the kind of work being done as well as how the work is performed. 

For example; the sanding of painted surfaces.  If dry hand sanding is done, a respirator will definitely be required.   If wet sanding is done a respirator may not be required.  If the sanding is being done using a sander attached to a functioning HEPA Vac that captures all sanding dust, a respirator is probably not required.   The previous sentence is qualified with “may” and “probably not” on purpose.  The only way to know if a respirator is required or not is to monitor the air for lead dust while the work is actually being performed.

The chart below is from the EPA Certified Renovator Manual.  The chart shows exposure levels of airborne leaded dust for some common renovation activities.   OSHA’s permissible exposure limit (PEL) for workers is 50 Micrograms per centimeter squared (50 µg/m3).   If exposed over the PEL, workers must wear respirators.  All three activities in the chart exceed the PEL.

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.

Although these OSHA requirements are not new, the majority of residential contractors are not aware of them.  Unfortunately, ignorance of the requirements will not be an excuse if OSHA inspects one of your projects and or one of your employees is poisoned by lead.   Perhaps it would have been helpful if EPA had included the above information in the required eight hour certified renovator training when showing the chart above.

Click here for more information about Personal Protection Equipment (PPE) required for RRP work

Click here for more about what you need to know about Respirators when doing EPA RRP work

Click here for OSHA standards for cleaning a respirator

Study shows that the majority of children poisoned by lead during renovations were poisoned by their own parents doing the work.

According to Medscape Today, investigations conducted during 2006-2007 in New York state (excluding New York City) for 972 children with Blood Lead Levels (BLLs) ≥20 µg/dL, RRP activities were identified as the probable source of lead exposure in 139 (14%) of the 972 children. Resident owners or tenants performed 66% of the RRP work that was determined to have caused the poisoning, which often included sanding and scraping (42%), removal of painted materials or structures (29%), and other activities (29%) that can release particles of lead-based paint. Although this study only included one state, we can probably assume other states with older housing would likely have similar findings.

From this information we can deduct the following. 86% or 836 of the poisoned children were poisoned by exposure to lead in some way other than RRP activities. Also, of the children proven to be poisoned by RRP activities, 92 were poisoned by their own parents doing the renovation work, leaving a total of 47 children poisoned by RRP activities performed by someone other than their parents. The study did not specify who these others were. It is likely that most would be renovation companies, but a good number could also have been landlords or property developers doing their own work.

Although I agree renovators should be required to work lead-safe, I suggest that the RRP rule falls way too short in preventing lead poisoning. Allowing home owners and tenants to do RRP work without the knowledge and proper training required should be considered a travesty. Without understanding how lead poisoning happens and how to perform the work in a lead-safe manner, these parents are often unknowingly poisoning their children.

Sadly, many children are also poisoned by dads and moms who do RRP work for a living. Read this blog for a true story about a contractor who, while attending the required certified renovator training, panicked when he discovered he might be poisoning his own children. I wonder how many of the 972 children in the study mentioned above might have been poisoned by hugging their daddy when he got home from work. I know this happened at my home when I was working in the field. The good news is that the story is evidence that education can make a difference when it comes to preventing lead poisoning.

What is a Lead Paint Hazard (Paint-Lead Hazard)?

Lead Paint Hazard is a legal term.  The following information is from the Electronic Code of Federal Regulations, Title 40: Protection of Environment, Part 745—Lead-Based Paint Poisoning Prevention In Certain Residential Structures

§ 745.65 Lead-based paint hazards.

(a) Paint-lead hazard:

A paint-lead hazard is any of the following:

(1) Any lead-based paint on a friction surface that is subject to abrasion and where the lead dust levels on the nearest horizontal surface underneath the friction surface (e.g., the window sill, or floor) are equal to or greater than the dust-lead hazard levels identified in paragraph (b) of this section.

(2) Any damaged or otherwise deteriorated lead-based paint on an impact surface that is caused by impact from a related building component (such as a door knob that knocks into a wall or a door that knocks against its door frame.

(3) Any chewable lead-based painted surface on which there is evidence of teeth marks.

(4) Any other deteriorated lead-based paint in any residential building or child-occupied facility or on the exterior of any residential building or child-occupied facility.

(b) Dust-lead hazard:

A dust-lead hazard is surface dust in a residential dwelling or child-occupied facility that contains a mass-per-area concentration of lead equal to or exceeding 40 µg/ft2 on floors or 250 µg/ft2 on interior window sills based on wipe samples.

(c) Soil-lead hazard:

A soil-lead hazard is bare soil on residential real property or on the property of a child-occupied facility that contains total lead equal to or exceeding 400 parts per million (µg/g) in a play area or average of 1,200 parts per million of bare soil in the rest of the yard based on soil samples.

(d) Work practice requirements:

Applicable certification, occupant protection, and clearance requirements and work practice standards are found in regulations issued by EPA at 40 CFR part 745, subpart L and in regulations issued by the Department of Housing and Urban Development (HUD) at 24 CFR part 35, subpart R. The work practice standards in those regulations do not apply when treating paint-lead hazards of less than:

(1) Two square feet of deteriorated lead-based paint per room or equivalent,

(2) Twenty square feet of deteriorated paint on the exterior building, or

(3) Ten percent of the total surface area of deteriorated paint on an interior or exterior type of component with a small surface area.

New Shawn McCadden Videos About The EPA RRP Rule; RRP Information For Renovators

I recently completed a series of seven videos about the new EPA RRP rule. The RRP videos were done for Remodeling magazine. They are posted to the Remodeling TV area of Remodeling magazine’s web site.

The videos are sponsored by The Home Depot. The video series is titled “The Insider's Guide to the EPA's Renovation, Repair and Painting Rule”. The series covers critical information about the Environmental Protection Agency's RRP rule and certification process, and explains how the rule may affect your business.

I had a lot of fun doing the videos. Lots of great people donated their time, knowledge and expertise. I also learned a lot from writing the script, interviewing contributors, editing the script with the magazine’s editor Sal Alfano, reviewing the raw footage, and working with the videographer, Chuck Greeen of Perpetual Motion Pictures. Working with Chuck was a unique advantage. As a fellow remodeler and Certified Renovator, Chuck not only filmed and edited the videos, he also contributed greatly to the content and success of the whole project.

Here is a list of the videos, a brief description of what is discussed in each as well as links to view them:

Video One: The EPA RRP Rule and Your Business

This video covers the business responsibilities, associated liabilities and risks related to the RRP Rule. Kermit Baker, Senior Research Fellow at Harvard University's Joint Center for Housing Studies stresses that remodelers need to become experts in this area or leave the work to others who are. Attorney Mike Sams of Kenney & Sams, P.C. warns about the legal liabilities for failure to follow the regulations. Shawn McCadden discusses the firm and worker certification process, related fees as well as certified renovator and firm responsibilities.

Video Two: RRP Training

This video covers the worker training requirements of the rule and the content of the EPA Certified Renovator training class. Shawn McCadden also discusses the importance and benefits of choosing a training class conducted by a training instructor with real life renovation experience.

Video Three: EPA RRP Notification Requirements

The EPA RRP rule specifies certain notification requirements depending on where the work is done and who occupies and or visits the building being renovated. This video covers these requirements, related firm documentation requirements as well as the information and documentation that must be given to property owners and others. Shawn McCadden also discusses many of the important details that must be included in the required documentation.

Video Four: RRP Work Practices

This video includes a summary of the required lead-safe work practices required under the RRP Rule. Shawn McCadden walks through critical considerations related to the rule that must be followed to stay in compliance with the rule, protect occupants and workers and to control costs. Shawn also discusses interior and exterior cleaning and cleaning verification requirements.

Video Five: RRP Record Keeping

Inspection of the required documentation under the rule will be a major enforcement tool used by EPA. In this video Shawn McCadden discusses the required documentation related to worksite activities as well as many business administration activities. Mark Paskell of the Contractor Coaching Partnership shares a few of the many methods EPA will have at their disposal to inspect and verify a firm’s compliance with the rule. Shawn adds several more methods to Mark’s list and also discusses the penalties and fines EPA can assess on violators.

Video Six: Exemptions to RRP Work Practices

In this video Shawn McCadden gives examples of when, where and why the RRP rule and work practices are not required under the rule. Shawn 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. Shawn and contractor insurance expert Tom Messier of Mason and Mason Insurance both stress the importance of verifying proper and adequate insurance coverage to protect your business, available coverage options as well as related costs for coverage.

Video Seven: Business Considerations and Summary

Shawn Mccadden stresses that this new rule is a game changer. Shawn tells us businesses must take this new rule seriously and adjust their business practices accordingly to protect profits and control liabilities. Mark Paskell of the Contractor Coaching Partnership stresses that contractors should verify that the documentation forms they use will comply with the rule and also assist the business in managing and performing the work. Gerry McGonagle of Belfor Property Restoration offers his advice on qualifying the right employees to do the work. Shawn also discusses some of the new responsibilities the rule brings with it for employees in all positions within the business.

If you are looking for forms and signage to help you with comply with the EPA RRP rule, I recommend you check out what The Lead Paint Forms Store has to offer.

WHAT ARE THE SIGNS OF LEAD POISONING?

As like many of you, I have definitely exposed my body to lead over the last 30 plus years I have been involved in remodeling.   As I learn more about lead poisoning and the symptoms of lead poisoning, I flash back to my younger years working for my dad’s remodeling business.   Back then there was little awareness or thought given to the way we worked when disturbing lead paint.   One summer I remember complaining of stomach aches, muscle pains and constantly feeling tired even after having the weekend off.   My parents took me to the doctor but the doctor couldn’t find any reason for these symptoms.  He gave me a terrible tasting medication to take daily and asked me to report back on how I was doing.   The symptoms would seem to come and go all summer long, but then went away when I went back to college after the summer was over.  This same scenario played over again the following summer.

Later I found out from my parents that the doctor had told them my symptoms were psychosomatic.   He made this decision because the medication he gave me was only a placebo but I was reporting improved health.  Looking back what was actually happening was that I was moving in and out of exposure to lead as I was moved from one project to the next.  If I gutted a kitchen and remodeled it I would get sick and the symptoms would appear.  After completing that project I might move to an addition or attic renovation project where I would have little or no exposure to lead.  My symptoms would come and go as I moved from project to project and as my body had time to adjust.

Fortunately for me, in the early days of owning my remodeling business, I learned a lot about lead and lead safe work practices through the NARI/HUD Lead Safe Remodeler training program that came out in the mid 1990’s.  The current Certified Renovator training is only one day and really only teaches attendees how to contain the dust and debris.  Different than the current class, the NARI/HUD class was two days long and actually thought us lead-safe work practices that eliminated or significantly reduced the creation of lead dust and debris.  Attending that class was definitely worth the investment of time and money.  Both I and my employees changed the way we thought about the work we did and the methods we used going forward.

Lead poisoning is a serious concern, often confused with other illnesses:

(Note: The following information comes from the Massachusetts Division of Occupational Safety, Publication: # 17379-13-200-7/93)

Workers can be exposed to lead by breathing in lead dust or fumes from work activities, by eating, drinking or smoking in work areas, or by handling contaminated objects - and accidentally swallowing lead dust. Workers in many workplaces have so much lead in their bodies that they are slowly being poisoned. The symptoms may hardly be noticeable at first. But over time, lead can damage the brain, blood, nerves, kidneys and reproductive organs. This damage can cause serious disability: memory loss, extreme tiredness, emotional problems, even kidney failure, coma or death.

Lead poisoning can occur when people are exposed to large or small amounts of lead over time. Lead builds up in the body and may cause temporary or permanent damage. A blood lead test can show whether your body has absorbed a dangerous amount of lead. A high blood lead level is an indication that lead is building up in the body faster than it can be eliminated.

There are many symptoms or signs that suggest a problem with lead, but they can also be symptoms of other illnesses. It is also possible to have lead poisoning without noticing any symptoms. If you work around lead you should regularly see your doctor, whether or not you are experiencing the following symptoms:

Early Signs and Symptoms of Lead Poisoning:

• Fatigue
• Headache
• Sleeplessness
• Uneasy stomach
• Irritability or nervousness
• Poor appetite
• Metallic taste
• Reproductive problems 

Later Signs and Symptoms:

• Aches or pains in stomach
• Memory problems
• Muscle and joint pains
• Constipation
• Nausea
• Weight loss
• Weak wrists or ankles
• Kidney problems

Note:  The Photo above shows wrist-drop in adult with lead poisoning and renal failure.

What to do if you have been poisoned by lead

RRP and OSHA Requirements; What's Wrong With This Picture?

The picture below was published in a small Massachusetts news service.   I am purposely leaving out the name of the news service and this contractor.  There was no story with the picture, only a caption that gave this person's name, business name and discussed that he was "removing layers of paint from an 1800s historic house on Main Street in preparation for a fresh coat of paint".  The picture was e-mailed around between several association leaders and employees of OSHA as well as the MA Department of Occupational Safety.  The guy in the picture probably thought he had stumbled upon some free advertising....

There are a whole host of OSHA violations and RRP violations in this picture.  I am throwing it out there so you can use the comment section below to tell us what you see.   I am betting together we can find at least 30 seperate violations.  

If you are looking for forms and signage to help you with comply with the EPA RRP rule, I recommend you check out what The Lead Paint Forms Store has to offer.

RRP Rule Interior Containment General Requirements:

The RRP rule requires that dust and debris be controlled in the work area while working in homes built prior to 1978 unless all effected components of the renovation are properly tested and lead is not found.  You can find information about the legal definition of lead paint and the accuracy of testing methods here.

•Posted signs: These must be posted on all sides of the work area to define the work area, must be in the primary language of occupants, must be posted before the beginning of the renovation, and must remain until cleaning verification is achieved.

If you are looking for forms and signage to help you with comply with the EPA RRP rule, I recommend you check out what The Lead Paint Forms Store has to offer.

Rhode Island RRP Rule

Rhode Island has been operating a Lead-Safe Remodeler/Renovator Program since 2001 and has licensed over 1,500 Lead-Safe Remodeler/Renovators. In 2010, the Environmental Protection Agency (EPA) created its own Lead-Safe Remodeler/Renovator Program, known as the Lead-Based Paint Renovation, Repair, and Painting Rule. Rhode Island was the first New England state granted authority by EPA to continue its state Remodeler/Renovator program. 

The following information is from the RI Department of Health web site:

Regulated People and Activities

Rhode Island's RRP Rule applies to contractors, landlords, property managers, homeowners, and anyone else who disturbs painted surfaces on pre-1978 homes or child care facilities. This includes general contractors as well as special trade contractors, such as painters, plumbers, carpenters, and electricians.

In general, the RI RRP Rule applies to any renovation, repair, or painting that disturbs six square feet or more of paint per room on the interior or 20 square feet or more of paint on the exterior of a pre-1978 house or child care facility. Examples of regulated activities include window replacement, remodeling, repair/maintenance, electrical work, plumbing, painting, carpentry, and any type of demolition.

Not all projects are regulated by the RRP Rule. The chart below details who can do what type of work:

Rhode Island's regulations differ from the federal RRP Rule in a few key ways
• Parents with children younger than six years of age must use a licensed Lead Hazard Control Firm.
• The Lead Hazard Control Firm must submit a Start Work Notification to the Department of Health at least three business days before beginning work.
• A licensed Lead-Safe Remodeler/Renovator must be on site at all times.
• When the work is complete, a clearance inspection by a Rhode Island Certified Environmental Lead Inspector or Technician is required. The clearance inspection must include dust wipe samples analyzed by an approved laboratory. Once acceptable dust levels are achieved, the inspector or technician will issue a Certification of Acceptable Clearance Status.

Exemptions
• Housing built after 1978 and any housing declared lead-free by a Rhode Island Certified Environmental Lead Inspector is generally exempt from Rhode Island's RRP Rule.
• Other exemptions include housing for elderly or disabled persons, studio apartments, and dormitories. These buildings are regulated if a child younger than six years old resides there, or is expected to reside there, for more than two weeks per year.

Requirements

Training
• Contractors, painters, and other workers must complete an eight-hour Lead-Safe Remodeler/Renovator training by a licensed training provider.

Licensing
• Once training is complete, an individual can apply to be a licensed Lead-Safe Remodeler/Renovator.
• All Rhode Island licensed Lead-Safe Remodeler/Renovators must be affiliated with licensed Lead Hazard Control Firms.
• Individuals and firms must renew their licenses every five years after completing a four-hour refresher course. (Note: The fee for firms in RI is only $45.00!)

Start Work & Pre-Renovation Notification
• The firm must deliver a copy of the Rhode Island version of the Renovate Right pamphlet to property owners and tenants no more than 60 days and no less than seven days before work begins. 
• The firm must fill out the Pre-Renovation Education form at the back of the pamphlet, have it signed, and keep it for a minimum of three years.
• At least three business days before beginning a job, the firm must submit a Start Work Notification to the Department of Health. 

Lead-Safe Work Practices

While work is being performed, Lead-Safe Remodeler/Renovators and their workers must:

• Contain the work area to prevent dust and debris from escaping.
• Refrain from using work methods that generate large amounts of lead-contaminated dust.
• Dry sweeping, using heat guns at temperatures above 1100°F, open flame burning, and using flammable or methylene chloride paint strippers are prohibited.

When work is complete, Lead-Safe Remodeler/Renovators and their workers must:

• Clean dust and debris using a HEPA vacuum and wet mops.
• Have a Certified Environmental Lead Inspector or Technician conduct a clearance inspection.
• Remove containment barriers upon notification that the dust wipes passed clearance.

The RRP Renovation Checklist Must Be Given to Certain Parties At The Completion Of Renovations

Because of one of the EPA RRP amendments, there is a new requirement regarding documentation.  As of the amendment that took effect on July 6th, 2010, when the final invoice for the renovation is delivered, or within 30 days of the completion of the renovation, whichever is earlier, the renovation firm must provide information demonstrating compliance with the training and work practice requirements of the RRP rule to the owner of the building being renovated and, if different, to the occupants of the renovated housing or the operator of the child-occupied facility.

• For renovations in common areas of target housing, the renovation firm must provide the occupants of the affected housing units instructions on how to review or obtain this information from the renovation firm at no charge to the occupant. These instructions must be included in the notice provided to each affected unit or on signs posted in common areas. Similar requirements apply for renovations in child-occupied facilities.
• The renovation firm is also required to provide interested parents or guardians of children using the child-occupied facility instructions on how to review or obtain a copy of these records at no cost to the parents or guardians. This could be accomplished by mailing or hand delivering these instructions, or by including them on the signs posted.
• Renovation firms must provide training and work practice information to owners and occupants. The information should be provided in a short, easily read checklist or other form. EPA's "Sample Renovation Recordkeeping Checklist'' may be used for this purpose, but firms may develop their own forms or checklists so long as they include all of the required information.

• The specific information that is required to be provided are training and work practice compliance information, as well as identifying information on the manufacturer and model of the test kits used, if any, a description of the components that were tested including their locations, and the test kit results.
• The checklist or form must include documentation that a certified renovator was assigned to the project, that the certified renovator provided on-the-job training for workers used on the project, that the certified renovator performed or directed workers who performed the tasks required by the RRP rule, and that the certified renovator performed the post-renovation cleaning verification.
• This documentation must include a certification by the certified renovator that the work practices were followed, with narration as applicable.
• EPA is not requiring that the renovation firm automatically provide a copy of the certified renovator's training certificate, which must be maintained in the firm's records as an attachment to the checklist or other form.

If you are looking for forms and signage to help you with comply with the EPA RRP rule, I recommend you check out what The Lead Paint Forms Store has to offer.

For Large RRP Remodels; Renovate or Tear Down and Start Over?

Question from an RRPedia User:


“Shawn, We have met a number of times, most recently at the Rings End event, which was great, informative and overwhelming. I'm not sure where to go for the answer to this question and thought maybe you could direct me. We are bidding a sizable remodel and the architect has note for that bidders are to follow RRP guidelines. Its pre-1978, we will be disturbing 75%+ of the existing structure and it is unoccupied. I'm thinking that we don't need to address the tarping and cleanup because of the magnitude and vacancy. If we do then we need to consider a tear down. Any guidance you can give would be appreciated. I'm sure you get this all the time so I understand if you can't get to it. Best regards, Ray Gaines Sr, Gaines Construction Co. Inc.”

Ray:
Thanks for your message. This question has come up several times already from other contractors like you who are trying to do the right thing and interpret the EPA RRP rule correctly.

The fact that the property is unoccupied during the renovation makes no difference regarding whether the EPA RRP rule applies. This is confirmed on the FAQ page of the EPA web site. Because of the removal of the opt-out provision in July of this year, any residential property where people live or will live (referred to as target housing) now requires the lead-safe practices unless the home tests out negative for lead under the EPA guidelines.

Also under the EPA RRP Rule, unless the entire interior of the structure is gutted down to bare wood, with no coated or painted surfaces remaining, the project must be treated as an RRP project and again the work must be done using lead-safe work practices.  A full removal of all exterior finishes however does require the RRP Lead-safe work practices.  Again, this is confirmed on the FAQ page of the EPA web site.  Keep in mind, all documentation requirements apply as well.

As a side note, your message does say the building is pre 1978; however you do not say whether the property was tested for lead.  If it hasn't been tested, one option to the owner would be to test it.  Of course, if there is no lead, the rule would not apply.

The EPA approved test kits sold by LeadCheck are very accurate.  These tests reliably determine the presence or absence of lead.  If you use these tests the owner would know if any lead is present at all.  However, under the RRP Rule, the EPA says the rule exempts renovations that affect only components that a certified lead inspector or certified risk assessor has determined are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter (mg/cm2) or 0.5% by weight. EPA further explains that the determination that any particular component is free of lead-based paint may be made as part of a lead-based paint inspection of an entire housing unit or building, or on a component-by-component basis.

So, if the property owner wants to know if there is any lead at all, the EPA approved LeadCheck test kits could be used to do so.  If the owner chooses to use the EPA's action level of lead paint amount to determine if the lead-safe practices would be required, then currently the only way to test for amount of lead would be to use a certified lead inspector or certified lead risk assessor.  

One way to think about this might be to relate it to eating fish.  The government often says that if you fish in certain bodies of polluted water, you can safely eat up to so many of the fish you catch without any health concerns.  If the government says you can eat up to 3 fish a year, how safe would you feel eating even one fish?  Using this analogy, how safe might the owner feel having renovations done if there is any lead present at all at their property?

If you have opportunity to interact with the property owner, I suggest you might find you would stand out from the other bidders if you could share what I have written here with the owners.  It is my opinion that the property owners should know the facts, know their options and then make a decision about how to move forward regarding lead at their homes.