EPA Lead Paint Regulations for Renovation Contractors

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Effective April 1, 2010, the EPA is mandating that renovation contractors get certified to qualify for renovation work on buildings that have lead paint in them. To get certified, renovation contractors have to attend a certification class and be trained in using specific types of equipment and accessories. The EPA mandates the use of point-of-origin dust shrouds on hand grinders like the Dustless Dustie™ and DustBuddie™. The EPA also mandates the use of a HEPA vacuum, and there is confusion in the market place regarding what qualifies as a HEPA vacuum under the EPA guidelines. Contractors should be careful to use a certified HEPA vacuum. The Dustless HEPA Vacuum uses a certified HEPA filter, whereas the HEPA filters that retrofit into standard shop vacuums are not certified, and may result in the contractor getting hefty fines - some reported as high as $21,000.

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"When OSHA Comes Calling: How to Legally Protect Your Rights and
Prevent Fines in the Event of an Inspection"

BLR Webinar

Thursday, April 8, 2010
1:30 to 3:00 p.m. Eastern
12:30 to 2:00 p.m. Central
11:30 a.m. to 1:00 p.m. Mountain
10:30 a.m. to noon Pacific

A live, interactive webinar you can join from your office. (Conference Code: WBE2621)

To register - or to purchase a recording if you can't attend - please click here:
http://ap.blr-events.com/c.asp?832271&0 ... acf2e285&5

The record-breaking OSHA fines in the news are eye-popping. New Secretary of Labor Hilda Solis has vowed to "put enforcement back in the Department of Labor," and it seems she means business. While the spotlight is currently on compliance, you need to know your rights and obligations before the government shows up at your door.

If you're one of the many organizations that grew somewhat lax about safety during the last administration, now's the time to buckle down and evaluate your current policies and practices. Would you be prepared if you opened the door today to find an OSHA compliance officer ready to inspect your business? Do you know your legal rights, and how to buy enough time to consult with an attorney, if necessary?

Join us on April 8 for an in-depth webinar that will help you legally prepare your company for a Cal/OSHA inspection - because it's not a question of if, but when.

You'll learn:
* How to conduct a mock inspection and correct any errors you find before an OSHA compliance officer ever sets foot on your site
* A step-by-step strategy for handling an OSHA inspection - when to admit the investigators and when to request a search warrant
* How to professionally handle inspectors on-site, and the benefits of doing so
* What NOT to say or do during the inspection
* The best ways to handle employee interviews and whistleblowers
* How to handle the "Document Request Form"
* Your best legal options in the event you receive a citation

Thursday, April 8, 2010
1:30 to 3:00 p.m. Eastern
12:30 to 2:00 p.m. Central
11:30 a.m. to 1:00 p.m. Mountain
10:30 a.m. to noon Pacific

ABOUT YOUR SPEAKER:
Mark Lies, Esq., is a partner in the Chicago office of law firm Seyfarth Shaw, LLP. His practice areas include product liability, occupational safety and health, workplace violence, construction litigation, and related employment litigation arising from these areas. In his occupational safety and health law practice he has represented employers on a national basis in complying with occupational safety and health regulations, as well as representing employers during OSHA inspections and OSHA citation enforcement proceedings and trial of OSHA cases before federal and state agencies and appeals to federal and state court.

In addition, his practice has included counseling and defense of workplace violence threats and incidents requiring involvement with the FBI, Department of Homeland Security, and other federal and state agencies. He has authored numerous publications on preventing workplace violence, including as editor of "Preventing and Managing Workplace Violence", published by the American Bar Association.

HOW DO WEBINARS WORK?
A webinar is remarkably cost-effective and convenient. You participate from your office, using a regular telephone and a computer with an Internet connection. You have no travel costs and no out-of-office time.

Plus, for one low price you can get as many people in your office to participate as you can fit around a speakerphone.

Because the webinar is live, you can ask the speakers questions-either on the phone or via the webinar interface.

You will receive access instructions via e-mail several days before the event. You don't need any additional materials before the webinar starts. Your webinar materials will be available for you to view, print, and download when you log in to participate in the event.

UNLIMITED LISTENERS PER PHONE LINE!

Invite your colleagues to join you around a speakerphone and computer to share the benefits of this information-packed webinar. Your cost per listener drops drastically with each additional listener.

WHY YOU CAN SIGN UP WITH CONFIDENCE TO ATTEND THIS EVENT
As with all Business & Legal Resources products, you're completely protected. If, for any reason, you are unsatisfied with this webinar, simply let us know, and we will return your entire registration fee.

This webinar qualifies for Continuance of Certification (COC) credit. CSPs will earn 0.05 COC points for attending this webinar.

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EPA Lead Paint Regulations
Certified Renovator
Instructor’s Notes

Key message: Cleanup right. Use wet mops and HEPA vacuums. Traditional methods don’t do the job.

Cleaning Activities and Checking Your Work

This module focuses on how to clean the work area in order to pass both a visual check and either a verification check or clearance. A visual check means that an area has been cleaned to the point that no dust, debris or paint chips can be seen with the naked eye. The verification check involves comparing a disposable cleaning cloth used following cleaning to a standard verification card to determine cleanliness. Clearance involves taking dust samples and having them analyzed and compared with applicable dust standards to determine if the area is adequately clean.

Effective cleaning includes using specific techniques and following the proper order when cleaning. In this section, participants will learn:
• How to conduct an effective cleaning;
• The tools to always keep in your truck and at the work site;
• Effective techniques to clean up after both interior and exterior jobs;
• Safe disposal methods; and,
• How to check your work.

What is Effective Cleanup?

Just as you approach a job by planning the work to effectively contain dust and debris, you must approach cleaning by first having effective containment, then carefully following specific procedures to best clean the work area. The techniques outlined in this section should make your cleanup faster, more efficient, and more effective.

Remember:
• Always conduct a visual check of the work area to make sure all work is complete.
• Proper waste disposal and checking your work are essential to the process of cleaning.
• The most effective cleaning will follow this sequence:
1. Pick up all visible paint chips and debris.
2. Clean and dispose of protective sheeting.
For interior renovations:
3. Walls - slowly HEPA vacuum or wipe with a damp cloth, working from high to low.
4. Other surfaces - thoroughly HEPA vacuum all surfaces including furniture and fixtures. Wipe any remaining surfaces with a damp cloth. The HEPA vacuum must have a beater bar for use on carpeting.
5. Mop uncarpeted floors using the two-bucket mopping method.
6. Visually inspect your work.
7. Bag all waste in heavy-duty plastic bags, “gooseneck” seal, and dispose of them according to Federal, state and local regulations.
8. Perform cleaning verification on windowsills, countertops and uncarpeted floors.
9. Remove warning signs.
• Demonstrate how to “gooseneck seal” a heavy duty plastic bag and note that this will be covered again in the disposal section.
• Discuss why this cleanup sequence should work well.
• Picking up all visible debris and paint chips prepares a work area prior to the first HEPA vacuuming.
• Clean and dispose of protective sheeting. This step should come before HEPA vacuuming in order to collect any dust that may escape from the protective sheeting.
• HEPA vacuum the area from high to low. This first HEPA vacuuming will collect dust and debris not visible to the naked eye.
• Wet cleaning and mopping the area will further dislodge any lead-contaminated dust or debris not collected by the first HEPA vacuum. Wet cleaning also gets dust and debris that is “stuck” to surfaces.
• If necessary, a final pass with the HEPA vacuum or wet cleaning cloth will capture any remaining dust or debris left after the wet cleaning.
• The last step should be to check your work to make sure that visual check inspection can be passed, and all waste is bagged, sealed and disposed of in accordance with Federal, state and local laws.
A dust clearance examination may be required by Federal, state, tribal or local law, or it may be requested by the homeowner. If so, the clearance examination will replace the cleaning verification process. Clearance is required by HUD in many homes receiving Federal housing assistance.

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Interior Cleaning Requirements

• Why should you pick up paint chips and other debris before picking up the protective sheeting? Why should you mist down and wet wipe the protective sheeting before picking it up? Answer to both questions: To prevent accidental spreading of lead-contaminated paint chips and dust off of the protective sheeting.

• After the first visual inspection of the work area, cleaning, folding and disposing of the protective sheeting is the next step. Clean your protective sheeting with a HEPA vacuum and wet wipe if necessary. Once cleaned, fold (dirty side in) and seal the sheeting and dispose with the rest of your waste. When you pick up and fold the protective sheeting (dirty side in), be careful not to spread any dust that may remain on the sheeting.

• This process is followed by HEPA vacuuming and wet mopping (discussed in the next slide) to clean up any dust that escaped the protective sheeting.

• Note that the sheeting covering the entry to the work area should stay in place until after the cleaning and removal of other sheeting.

• Workers must always clean at least 2 feet beyond the work area.

• Cleaning from high to low is more efficient and effective because any dust or debris dislodged will fall down to the floor. Just as one would clean steps working from the top down, cleaning a work area should proceed from high to low to “push” all dust not collected down to the floor, which should be cleaned last.]

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Dust Clearance Examination

Discuss the following instances, where a dust clearance examination (40 CFR 745.227(e)(8)) may be required or requested instead of the cleaning verification procedure:

• HUD requires a dust clearance examination after certain kinds of jobs in target housing receiving Federal housing assistance. Ask if the property receives Federal assistance. If so, ask if a clearance examination is required.

• In some states, a clearance examination conducted by a certified or trained person may be required by law. You should be aware of laws regarding clearance examinations and renovation work in your state and locality.

• In some instances, the owner may request that dust wipe samples be taken to locate lead hazards and to ensure cleaning has been effective. If you follow the cleaning techniques described earlier, you should pass be able to pass clearance testing.

• Emphasize that once you begin a clearance examination, if the clearance fails you must continue the cycle of re-cleaning, visual inspection, and dust wipe testing until the dust wipe results comply with the clearance standards governing the work.

Exterior Cleanup Requirements

• The main point of cleaning after an exterior renovation job is not to let dust spread beyond the work area. The focus is to be specifically on the areas accessible to children. This includes bare soil, play areas, exterior porches and exterior window sills.

• Always visually inspect beyond the work area. Collect and dispose of all paint chips, dust and debris found.

Exterior – Check the Effectiveness of Cleaning

• Discuss why a visual inspection for checking the cleaning is necessary.

• The visual inspection checks for visible dust and debris and includes all parts of the work area, areas not covered by the protective sheeting, and areas 2 feet outside the containment.

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Disposal

Have bags and tape ready for the demonstration, if you choose to perform it, and for the required hands-on activity.
• Waste should be stored in a secure area to prevent children from getting into it and being exposed to leaded dust.
• Discuss methods to handle waste water.
• Waste water produced during the job from mopping, wet cleaning, or misting should not be poured down the sink or tub (because it will contaminate the sink or tub), into the yard or down a storm drain.
• Before disposal, waste water may need to be filtered through a filter capable of filtering out particles 5 microns or larger, depending on state and local wastewater regulations.
• If local regulations allow, waste water may be poured down the toilet. If local regulations do not allow this, you may be required to contain and test the water, and contact a waste disposal company to assist you with disposal. Your local water authority can assist you with this decision.
• Always be aware of Federal, state and local regulations regarding waste water disposal.
• All waste should be handled carefully and sealed in heavy duty plastic bags.
• Do not overfill the bags. Renovation debris is heavy, and, if overfilled, will split the bags and could injure workers.
• Certified Firms must be aware of all components of the waste produced at the job site and of the proper method of disposal. Again, always be aware of Federal, state and local waste disposal regulations.

Disposal - Federal, State and Local Information

• Waste disposal is regulated under the Resource Conservation and Recovery Act (RCRA), and various associated state and local laws and regulations.

• Some waste generated from lead work may meet the definition of “hazardous waste” because it is toxic, corrosive, ignitable or explosive. Therefore, it is important for contractors to segregate waste into categories that are likely to be hazardous and non-hazardous. Examples of hazardous waste may include paint chips, vacuum debris, sludge or chemical waste from stripper, and HEPA filters.

• Generators of less than 220 pounds of waste per job site per month are exempt from Federal waste disposal regulations and most state regulations.

• Many states have more stringent regulations than Federal requirements. It is, therefore, important for contractors to understand their obligations under these laws and regulations.

• You should always be aware of how much waste you are generating per job site per month.

• EPA’s website has links to state information on solid and hazardous waste disposal at http://www.epa.gov/epawaste/wyl/stateprograms.htm.

• In a memorandum to RCRA Senior Policy Advisors and EPA Regions 1-10, dated July 31, 2000, EPA’s Office of Solid Waste stated that lead-based paint waste from households may be disposed of as household garbage subject to applicable state regulations. For more information, see Appendix 8 and the EPA website at www.epa.gov/lead/pubs/fslbp.htm. Although EPA considers lead-based paint waste commonly generated during residential renovation and painting to be household waste, some states have not yet adopted this interpretation. Until states do adopt EPA’s interpretation, they may continue to regulate lead-based paint waste as potentially hazardous if generated in large enough quantities.

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Exercise: Cleaning and the Cleaning Verification Procedure

Prepare this exercise in advance:

Have appropriate tools and supplies ready. Necessary tools and supplies include buckets, mops, water, detergent, a HEPA vacuum, wipes, plastic sheeting, plastic bags, tape, disposable cleaning cloths and cleaning verification cards. See Skill Sets #7 - #11 for a complete list of materials and supplies.
• You will need access to water.
• Sprinkle each work area with corn starch or baby powder to simulate dust.
• Refer to the Skill Sets #7 - #11 following and in Appendix 6 for a list of skills that participants should practice.
• Vary the color and type of work area surfaces if possible.

When conducting the exercise:

• Instruct participants to stay in their groups.
• Circulate while they work to ensure they are doing the work properly.
• Coach them as necessary to correct any incorrect behaviors.
• Give them a 5-minute warning.
• When the time for each skill set is up, tell them to stop. Keep to the schedule.

Option
You may also perform this cleanup exercise later in the course as part of a larger comprehensive hands-on module as described in Lesson Plan 2 in the Note to the Instructor on How to Use This Curriculum in the introduction. The comprehensive hands-on module combines the hands-on components from Modules 4, 5, and 6.

Note: In some training facilities, such as hotels, you may not have access to water in the training room. In such cases, instruct participants to walk through the process - practicing the order of the steps: HEPA vacuum, two bucket wash, cleaning from high to low, etc. As a demonstration of how hard it is to clean up dust, consider sprinkling corn starch or baby powder on a tabletop and experimenting with different methods for cleaning it up - broom and dust pan, HEPA vacuum, wet wipe, etc.