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In February 2014 alone, the EPA announced enforcement actions against 37 contractors and training providers nationwide for failure to comply with requirements of the Lead-Based Paint RRP Rule. The RRP Rule requires that contractors that work on pre-1978 dwellings and child-occupied facilities be trained and certified to use lead-safe work practices.
In February 2014 alone, the EPA announced enforcement actions against 37 contractors and training providers nationwide for failure to comply with requirements of the Lead-Based Paint RRP Rule. The RRP Rule requires that contractors that work on pre-1978 dwellings and child-occupied facilities be trained and certified to use lead-safe work practices.
The practices cover everything from educating the building occupants before renovation work to minimizing lead dust in common activities like sanding, cutting, and window replacement. The rule became effective on April 22, 2010, and allows for the assessment of penalties that may reach up to a maximum of $37,500 per violation per day.
The majority of the companies cited in the February actions were small contractors working on home renovations, which EPA says posed risks to children and other vulnerable occupants. In addition, the agency noted that the enforcement actions helped legitimate businesses by leveling the playing field since noncompliant businesses have not made the investment in qualified workers, training, and other requirements, and can charge less. The actions also included companies that were not actually doing the lead-based paint work but that failed to retain a certified renovator and ensure they met all their responsibilities, as required.
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One of the most common violations cited was failure to provide the EPA’s “Renovate Right” Lead Hazard Information pamphlet to the property owners, which is not too surprising since many of the same companies were not certified to perform the work in the first place and/or did not employ a certified company to perform the work. Contractors were also cited for failing to obtain written acknowledgment from the owners that they had received the pamphlet.
In these cases, the violations indicated and resulted in additional violations for such things as failing to follow lead-safe work practices and failing to comply with work practice standards, specifically:
- Failure to cover ducts, floors, and doors in work areas;
- Failure to cover the ground with impermeable material in work areas;
- Failure to contain the waste from renovation activities;
- Failure to post signs defining the work area and warning occupants and other people at the property;
- Failure to remove or cover objects from the work area (such as furniture, rugs, and window coverings;
- Failure to clean the work area after completing the project, including failure to HEPA-vacuum the area;
- Failure to certify that all of the above were, in fact, completed according to the rule; and
- Use of a prohibited work practice.
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Obviously, companies that are not in compliance with RRP program requirements are also unlikely to keep records, and as a result, recordkeeping was also among the most common violations. These included:
- Failure to establish and maintain all necessary records of compliance with the RRP rule; and
- Failure to maintain records attesting that a certified renovator provided on-the-job training to employees on a project and directed them to comply with work practice standards and to perform postrenovation cleaning verification.
Regarding training providers, the most common violations were:
- Failure to comply with hands-on training requirements, including skills assessments;
- Failure to comply with training hour requirements;
- Failure to notify the EPA of all renovator courses offered at least 7 days before beginning the course; and
- Failure to provide postcourse notification to the EPA.
Tomorrow, we will look at specific requirements of the RRP rule and what contractors must do to become compliant and to remain in compliance with lead-based paint regulations.