Entries Tagged as Education
EPA stepping up Lead Rule inspections; focusing on certification, paperwork
The U.S. Environmental Protection Agency has stepped up its enforcement of the Lead: Renovation, Repair and Painting rule with inspections that focus on company certification and other records required under the rule governing the renovation of older homes, according to remodelers and contractors who have been subject to the inspections.
Under the EPA’s lead paint regulation, remodelers and other contractors working in homes built before 1978 must take precautions to contain lead dust — including using lead-safe work practices, establishing dust containment areas and containing dust during the renovation, cleaning up after the project and maintaining detailed records.
The regulation also requires that they obtain training and certification, and that they distribute the EPA’s "Renovate Right" lead-safe guide to their home owner clients.
“Although the EPA requires dust containment, lead-safe work practices and cleaning verification on job sites, they’re rarely inspecting renovation activities,” said Matt Watkins, environmental policy analyst at NAHB.
“We’re hearing from the field that inspectors are reviewing records, and the most frequent lapses reported are a failure to obtain firm certification and a failure to get signatures from home owners when handing out the ‘Renovate Right’ pamphlet.”
Remodelers reported that they have been given a week’s notice about an impending inspection--either through a letter or a phone call from their EPA regional office--requesting a meeting typically to review their business records for the last three years.
They also reported that inspectors have asked to see documents confirming their status as a certified renovator and certified firm under the lead rule. In addition, inspectors have asked to see the signatures of home owners verifying that they have received the "Renovate Right" pamphlet, as well as lead testing results and all documentation for following the lead rule’s work practices.
Be Prepared for Lead Rule Inspections
Prior to an inspection, remodelers should develop a system for keeping records on jobs applicable to the lead rule.
For example, they should note in their job record if the home they renovated was built before 1978 and keep copies of the following documents in their company records:
- Copy of their certified renovator certificate
- Copy of their certified firm certificate
- Signed verification receipts of the "Renovate Right" pamphlet--by home owners or residents
- Results of any lead testing, including EPA-recognized test kits
- Work practice checklist for the job
- Operation and maintenance records for HEPA vacuums
- Some EPA inspectors have also requested verification of worker training for individuals working under the supervision of a certified renovator.
However, the agency does not have guidance on what this documentation would entail, so some remodelers have considered creating a verification form to be signed by workers stating that they have received training on lead-safe work practices required under the rule from a certified renovator.
NAHB advises remodelers to review the compliance resources and samples for record keeping available at www.nahb.org/leadcompliance. The members-only tool includes compliance and record-keeping checklists, the EPA’s "Renovate Right" pamphlet, sample home owner and tenant notification forms and more.
To prepare for the inspections, remodelers are encouraged to collect and have all pertinent records ready for the meeting with the EPA inspector. During the meeting, remodelers should allow the inspector to review all the records requested.
Remodelers should also consider contacting an attorney with experience in regulatory inspections to ensure that they have someone on hand for guidance during the process.
“Whatever you do, do not falsify records,” said Watkins. “This can lead to bigger fines and criminal prosecution. It’s best to share what you have and work with the EPA to rectify any gaps.”
Once the records have been reviewed, the EPA inspector will create a report, with possible enforcement action recommendations. The inspector’s report is then submitted for review, and remodelers and contractors may have 90 days or longer before they receive notice of any fines or other enforcement actions being taken.
EPA penalties range from as little as $130 to as much as $37,500 per violation, per day. The agency calculates fines according to its Consolidated Enforcement Response and Penalty Policy for RRP.
Author: CRBRA Admin | On: September 26, 2011 | In: Government Affairs · Education · Members | No Comments
Updated OSHA fall protection resources for CRBRA members
On September 14th, CRBRA hosted a special presentation at its offices for members interested in understanding and complying with OSHA's updated fall protection rules for residential construction. Feedback from this presentation--given by Robert Francis, a NYS Department of Labor safety and health consultant--has been very positive, with attendees even indicating that more lengthy, in-depth discussion of the topic would be beneficial. CRBRA plans for more educational sessions on this topic in the near future, but in the interim provides some tools for members' use and reference.
For a summary of the key changes to the fall protection rules, CRBRA provides the below Q&A. This Q&A is designed to provide information about standards relating to fall protection in residential construction. The Occupational Safety and Health Act requires employers to comply with safety and health standards promulgated by OSHA or by a state with an OSHA-approved state plan. Additional resources:
- Download the Fall Protection Presentation Slides (PDF)
- Download the OSHA Fact Sheet on Fall Protection in Residential Construction (PDF)
- Download the OSHA Guidance Document on Fall Protection in Residental Construction (PDF)
- Download the OSHA Guidance Letter (PDF)
Which OSHA standards address fall hazards in construction work?
29 CFR Part 1926, Subpart M, which became effective on February 6, 1995, contains general fall protection requirements for construction work. Additional fall protection requirements can be found throughout Part 1926.
What are the Subpart M requirements for residential construction?
Under 29 CFR 1926.501(b)(13), workers engaged in residential construction six (6) feet or more above lower levels must be protected by conventional fall protection (i.e., guardrail systems, safety net systems, or personal fall arrest systems) or alternative fall protection measures allowed under 1926.501(b) for particular types of work. A personal fall arrest system may consist of a full body harness, a deceleration device, a lanyard, and an anchor point. (See the definition of "personal fall arrest system" in 29 CFR 1926.500). If an employer can demonstrate that fall protection required under 1926.501(b)(13) is infeasible or presents a greater hazard it must implement a written, site-specific fall protection plan meeting the requirements of 29 CFR 1926.502(k). The fall protection plan must specify alternative measures that will be used to eliminate or reduce the possibility of employee falls.
There is a "Sample Fall Protection Plan" in Appendix E of Subpart M. Why did OSHA prepare this appendix?
OSHA included Appendix E in Subpart M to show employers and employees what a compliant fall protection plan might look like.
Why did OSHA issue Instruction STD 3.1 "Interim Fall Protection Compliance Guidelines for Residential Construction" in 1995?
Once the final rule for Subpart M was published, representatives from the residential construction industry, including the National Association of Home Builders (NAHB) and the National Roofing Contractors Association (NRCA), expressed ongoing concerns about complying with 1926.501(b)(13). For example, industry representatives were concerned about the feasibility of establishing proper anchor points on wood-framed structures. In response to their concerns and to give OSHA time to revisit some feasibility issues, the Agency issued Directive STD 3.1. The directive allowed employers doing specified residential construction activities to comply with the requirements of Subpart M by implementing the alternative fall protection and work procedures prescribed in the directive. The alternative procedures could be used without a prior showing of infeasibility or greater hazard and without a written fall protection plan. The Agency did not intend STD 3.1 to be a permanent policy.
Why did OSHA reissue STD 3.1 as STD 3-0.1A in 1998?
OSHA issued STD 3-0.1A (later redesignated as STD 03-00-001) as a plain language replacement for STD 3.1. In STD 03-00-001, the Agency made some changes to the original interim guidance to clarify the scope of the directive and the Agency's enforcement policy with respect to fall protection requirements for the specific construction activities covered by the directive. In STD 03-00-001, OSHA indicated that it intended to reevaluate the interim policy after soliciting additional public comment.
Why did OSHA issue an Advanced Notice of Proposed Rulemaking (ANPR) for Subpart M in 1999?
OSHA issued an ANPR for Subpart M in 1999 in part to obtain information from the public that it could use to evaluate the effectiveness of and need for STD 03-00-001. In the ANPR, the Agency noted that there had been progress in the types and capability of commercially available fall protection equipment since 1926.501(b)(13) was promulgated in 1994. OSHA also stated in the ANPR that it intended to rescind STD 03-00-001 unless persuasive evidence was submitted showing that it is infeasible or presents significant safety hazards for most residential construction employers to comply with 1926.501(b)(13).
Did OSHA rely on sources of information in addition to the comments received in response to the ANPR in evaluating whether to continue the interim enforcement policy contained in STD 03-00-001?
Yes. A Residential Fall Protection Work Group within OSHA's Advisory Committee on Construction Safety and Health (ACCSH) has reported to ACCSH on a number of presentations they have seen from home builders and fall protection equipment manufacturers describing new ways of providing safe and effective fall protection in residential construction. ACCSH has recommended rescission of STD 03-00-001 on two separate occasions – first in 2000 and again in 2008. Also in 2008, both the Occupational Safety and Health State Plan Association (OSHSPA) and the NAHB submitted letters to OSHA advocating for withdrawal of STD 03-00-001. The NRCA has continued to oppose rescission of STD 03-00-001 with respect to roofing work, but a representative of that organization conceded at an ACCSH meeting in December 2009 that nowadays it is "very tough" to establish that conventional fall protection is infeasible or creates a greater hazard.
Now that OSHA has rescinded STD 03-00-001, what do residential construction employers have to do to protect employees from fall hazards?
Employees working six (6) feet or more above lower levels must be protected by conventional fall protection methods listed in 1926.501(b)(13) (i.e., guardrail systems, safety net systems, or personal fall arrest systems) or alternative fall protection measures allowed by other provisions of 29 CFR 1926.501(b) for particular types of work.
An example of an alternative fall protection measure allowed under 1926.501(b) is the use of warning lines and safety monitoring systems during the performance of roofing work on low-sloped roofs. (4 in 12 pitch or less). (See 1926.501(b)(10)).
OSHA allows the use of an effective fall restraint system in lieu of a personal fall arrest system. To be effective, a fall restraint system must be rigged to prevent a worker from reaching a fall hazard and falling over the edge. A fall restraint system may consist of a full body harness or body belt that is connected to an anchor point at the center of a roof by a lanyard of a length that will not allow a worker to physically reach the edge of the roof.
When the employer can demonstrate that it is infeasible or creates a greater hazard to use required fall protection systems, a qualified person must develop a written site-specific fall protection plan in accordance with 1926.502(k) that, among other things, specifies the alternative fall protection methods that will be used to protect workers from falls.
When will residential construction employers that were covered by STD 03-00-001 have to start complying with 1926.501(b)(13)?
The effective date of STD 03-11-002 is June 16, 2011.
Why was compliance directive STD 03-00-001 rescinded?
Falls continue to be the leading cause of death among construction workers. Statistics show that fatalities from falls are consistently high for residential construction activities. OSHA considered the comments received in response to the 1999 ANPR and was not persuaded that compliance with 1926.501(b)(13) is infeasible or presents significant safety hazards for most residential construction employers. The recommendations from ACCSH, OSHSPA, and the NAHB, as well as the mounting evidence that has been presented to the ACCSH Residential Fall Protection Work Group showing that conventional fall protection is available and can be used safely for almost all residential construction operations, provide a separate and independent grounds for OSHA's decision to withdraw STD 03-00-001.
What are the training requirements for the use of fall protection systems?
In accordance with 29 CFR 1926.503, the employer must ensure that each employee who might be exposed to fall hazards has been trained by a competent person to recognize the hazards of falling and in the procedures to be followed in order to minimize those hazards. In addition, the employer must verify the training of each employee by preparing a written certification record that contains the name/identity of the employee trained, the date(s) of training, and the signature of the employer or the person who conducted the training.
Is OSHA prohibiting the use of slideguards as employee protection during the performance of roofing activities in residential construction?
Slideguards cannot simply be used in lieu of conventional fall protection methods under 1926.501(b)(13). However, slideguards may be used as part of a written, site-specific fall protection plan that meets the requirements of 1926.502(k) if the employer can demonstrate that the use of conventional fall protection (i.e., guardrail, safety net, or personal fall arrest systems) would be infeasible or create greater hazards.
Can monitors still be used?
Under 1926.501(b)(10), safety monitoring systems can be used in conjunction with a warning line system to protect employees during the performance of roofing work on roofs of 4 in 12 pitch or less. When such a roof is 50 feet (15.25 m) or less in width, a safety monitoring system can be used alone, i.e., without a warning line system. Under 1926.501(b)(13), if the employer can demonstrate that the use of conventional fall protection would be infeasible or create a greater hazard, monitors may be used as part of an employer's written fall protection plan under 1926.502(k).
Are there requirements for safety monitoring systems?
Yes. Safety monitoring systems must meet the requirements of 29 CFR 1926.502(h) including, but not limited to, requirements that the monitor:
- be competent to recognize fall hazards;
- be on the same walking working surface and within visual sighting distance of the employee being monitored;
- be close enough to communicate orally with the employee; and
- not have other responsibilities which could take the monitor's attention from the monitoring function.
Can a standardized fall protection plan be developed and implemented for the construction of dwellings that are of the same basic structural design?
Before using a fall protection plan at a particular worksite, the employer must first be able to demonstrate that it is infeasible or presents a greater hazard to use conventional fall protection methods at that site. Fall protection plans must be site-specific to comply with §1926.502(k). A written fall protection plan developed for repetitive use, e.g., for a particular style or model of home, will be considered site-specific with respect to a particular site only if it fully addresses all issues related to fall protection at that site. Therefore, a standardized plan will have to be reviewed, and revised as necessary, on a site by site basis.
What are some of the benefits of rescinding STD 03-00-001?
- Falls continue to be the leading cause of fatalities in residential construction. OSHA has concluded that fall hazards pose a significant risk of death or serious injury for construction workers and that compliance with the requirements of Subpart M is reasonably necessary to protect workers from those hazards.
- STD 03-00-001 addressed only certain, specified types of residential construction work. Withdrawing that directive will result in consistent enforcement policy with respect to all residential construction activities.
- Several state plan OSHA programs did not adopt, or have already rescinded, the enforcement policy described in STD 03-00-001. Therefore, rescinding the compliance directive will promote consistency among all states regarding the enforcement of fall protection requirements for residential construction.
- OSHA expects that further advances in the design technologies of fall protection equipment will be triggered by the demands of employers who may encounter compliance difficulties on particular work sites.
What is "residential construction"?
The Agency's interpretation of "residential construction" for purposes of 1926.501(b)(13) combines two elements – both of which must be satisfied for a project to fall under that provision:
- The end-use of the structure being built must be as a home, i.e., a dwelling; and
- The structure being built must be constructed using traditional wood frame construction materials and methods.
The limited use of structural steel in a predominantly wood-framed home, such as a steel I-beam to help support wood framing, does not disqualify a structure from being considered residential construction. Traditional wood frame construction materials and methods will be characterized by:
- Framing materials: Wood (or equivalent cold-formed sheet metal stud) framing, not steel or concrete; wooden floor joists and roof structures.
- Exterior wall structure: Wood (or equivalent cold-formed sheet metal stud) framing or masonry brick or block.
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Methods: Traditional wood frame construction techniques.
Why are only "dwellings" considered "residential construction"?
Limiting the scope of 1926.501(b)(13) to the construction of homes/dwellings comports with the plain meaning of the term "residential" in the text of that paragraph and is consistent with OSHA's intent in promulgating that provision.
Download additional fall protection resources:
- Download the Fall Protection Presentation Slides (PDF)
- Download the OSHA Fact Sheet on Fall Protection in Residential Construction (PDF)
- Download the OSHA Guidance Document on Fall Protection in Residental Construction (PDF)
- Download the OSHA Guidance Letter (PDF)
Author: CRBRA Admin | On: September 19, 2011 | In: Government Affairs · Education · Members | No Comments
Pest control: Keep unwanted summer guests away
Summer is a great time to entertain visiting friends and family. There are some guests, however, that you shouldn’t
allow into your home, pests such as ants, roaches, rats and termites.
Pest infestations are more than a nuisance. It is important to protect your family from disease due to food contamination and allergens and your property from wood and foundation damage.
The cost for a home owner to treat an existing pest problem averages more than $1,000, which doesn’t include the cost to correct the damage that has already been done. Termites alone have been estimated to cause $5 billion worth of damage in the U.S. every year, according to the National Pest Management Association.
Here are some steps you can take now to help keep your home pest-free for years to come.
Inside Your Home
The U.S. Environmental Protection Agency (EPA) recommends a few things you can do inside your house to control future infestations:
- Starve them out. Keep a tight lid on the trash and empty it often. Clean up spills immediately and store food such as cereal, flour and sugar in plastic containers rather than in their original packaging.
- Dry them out. Some pests, such as cockroaches, can survive a long time without food, but need water more often to survive. To shut off their supply, be sure to fix leaky faucets, radiators, dishwashers, and washing machines immediately and empty flower pots and plant stands of excess water.
- Keep them out. Seal cracks and openings along baseboards, behind sinks, and around pipes and windows. Repair holes in door and window screens.
Outside Your Home
Pests enter your home from the outside, so you will also need to prepare the exterior of your house to keep pests out:
- Look for cracks and holes on the outside of your home and seal them up. Be sure to include points where utility lines enter the house. Also address damage to the basement foundation and windows.
- Check your landscaping. Rake mulch away from the base of your home and keep it to a minimum to allow for adequate drainage. Trim back tree branches and bushes so they do not make contact with the house. Remove tree stumps from your yard.
- Keep firewood piles stacked outside of your home neat, away from the house and off the ground.
- Make sure basements and attics are well ventilated and dry.
- Head up to the roof to look for any rotted or decaying shingles.
- When you’re looking at your roof, also check that your gutters are free of debris.
These simple steps now can save you a lot of headache and money down the road from these unwanted visitors. You can find more information about pest-free protection on EPA’s website at www.epa.org/pesticides.
Author: CRBRA Admin | On: July 18, 2011 | In: Education · Consumers | No Comments
Answers to common home-buying questions
Q: Shouldn’t I wait until home prices go even lower to buy?
A: No. Just as no one can accurately predict the peaks and valleys of the stock market (name one person who sold their tech portfolio in April of 2000), the same holds true for housing. If you wait for what you think is the absolute best deal, you could end up waiting for years. All the market fundamentals show that now is a good time to buy--prices are down, interest rates near historically low levels, and there are lots of homes to choose from. If you buy now, you will not only be in the driver’s seat during the buying process, you will also reap the gains of price appreciation. Remember, those who purchased homes in the early 1990s during the last big economic and housing downturn came out as big winners.
Q: Doesn’t it make sense to wait out the market until can I get the same price on my home that my neighbor got when he sold a year ago?
A: No. It’s always better to trade up in a buyer’s market. While the value of your house has fallen, the prices of higher-end homes have also dropped. Here’s an example: Your neighbor sold for $300,000. Let’s say values in your area have dropped 10 percent, so you could get only $270,000 for your home today. You have your eye on a move-up home that previously sold for $500,000, but now is selling for $450,000. If you sold your home today for $270,000 and purchased the larger house for $450,000, the difference in price would be $180,000. But if you waited to recoup the 10 percent value on your home and sold it at $300,000, chances are the move-up home would also increase in price 10 percent to $500,000. That’s a $200,000 price difference. So by selling today, you would actually save $20,000.
Q: Interest rates keep going down. Shouldn’t I wait until they go even lower before I buy a home?
A: Interest rates for 30-year, fixed-rate mortgages are extremely favorable for buyers. In fact, they are currently hovering near 30-year lows. But waiting to time the market is a dangerous game. Even those who follow the market for a living can’t figure out when interest rates will bottom out. If they could, they would all be multi-millionaires. And home prices don’t necessarily move in unison with interest rates. So, if you decided to wait to purchase a home and the price dropped $10,000 from where it is today, you could still end up losing money. How? If interest rates were to move up by a half-a-point during this period, the savings on the reduced home price would be more than offset by the higher monthly payment you would be making over the life of the loan.
Q: I have $10,000 to invest. Should I put that money in the stock market or buy a home?
A: Purchasing a home is by far the best long-term investment. For example, say you use that $10,000 to purchase a $250,000 home, and the house appreciates a modest 3 percent during the first year. That means after one year, the house would be worth $257,500, a gain of $7,500. By contrast, putting the same $10,000 in the stock market and posting a similar 5 percent gain would only net a $500 return on investment. And don’t forget the tax incentives. In most instances, all of the mortgage interest and property taxes you pay in a given year can be fully deducted from your gross income to reduce your taxable income. These deductions can result in thousands of dollars of tax savings, especially in the early years of the mortgage when interest makes up most of the payment.
Q: I’m a first-time buyer and still can’t afford the type of home that I want. Is it best to wait, keep renting, and hope that prices will get even lower?
A: If you continue to wait, you may never be able to afford to get into the housing market. Even as home prices are currently moderating or falling, depending on where you live, rents continue to climb. When you buy a home, you are also purchasing price stability, knowing that you will pay the same monthly payment for the life of your 30-year, fixed-rate mortgage. Once you become a home owner, you are able to take advantage of the tax deductions that homeownership offers, and you begin to build equity in your property.
With so many homes on the market to choose from, your best strategy may be to scale back expectations for your dream starter-home. After a few years, you can use those equity gains to sell your starter home and move into a bigger house. The sooner you make the jump from renter to home owner, the quicker you begin to create and build up wealth for your family.
Author: CRBRA Admin | On: June 13, 2011 | In: Education · Consumers | No Comments
Get your credit in shape to make a home purchase
There’s no question that with today’s low mortgage interest rates, large selection of homes on the market and competitive prices, now is a great time to buy a home. But what if you are planning to buy a year or two from now, and you want to make sure you’re ready when the time comes?
One of the most important things you can do is get your credit report in shape. Banks use your credit history to decide whether they want to lend you money and to set the interest rate, so having a good credit report is vital.
Equifax, Experian, and TransUnion are the three consumer credit reporting companies that provide information about your credit history to lenders. Under the Fair Credit Reporting Act, each of these companies is required to give you one free copy of your credit report every 12 months if you ask for it.
You can request your free reports online at www.annualcreditreport.com, or by calling 1-877-322-8228. Since you won’t know which company your lender is using, you should get a copy from all three.
Carefully review the information on the reports. If you find a mistake, contact the reporting company and provide them with an explanation and copies of any documentation you have proving the error.
If there is an item that is accurate but might be viewed negatively by a lender, such as a series of late payments, you may be able to have a comment included on your report to explain it. You need to have a credible reason, such as an illness or other extraordinary circumstance, and be able to back it up with proof.
What if your credit report could use some improvement?
- Unfortunately, there isn’t any quick fix, despite what some companies may claim. However, there are things you can do to help make your credit report more attractive to lenders, although it will take time:
Always pay your bills before the due date. - Make a payment every month, whether it is the full balance, the minimum due, or some amount in between.
- Don’t open new accounts. Lenders look at the total amount of debt you could run up, based on the limits on your cards, as well as how much you actually have.
- Don’t close old accounts. A few longstanding relationships are better than a bunch of cards you’ve only had a year or two, unless you have an excessive number of inactive accounts.
- Pay down your total debt as much as you can. Lending standards have gotten much stricter, and banks are reluctant to loan money to people who already owe a lot.
Lenders use your credit history to predict the likelihood you will pay them back on time. Since you can’t change the past, it is important to always carefully manage your debt, whether you plan to buy a house in the next six months or not until six years from now.
Author: CRBRA Admin | On: June 13, 2011 | In: Education · Consumers | No Comments
Update your home safely with a lead-safe certified renovator
You’ve made the decision to finally remodel the outdated kitchen and living room of your home. But if you live in a house built before 1978, a new federal law regulating the removal of lead paint will affect your home remodeling project.
In 1978, the use of lead paint was officially banned from residential construction. Before that, however, lead paint was used in more than 38 million homes, according to the U.S. Environmental Protection Agency (EPA).
Today, contractors hired to do renovation, repair and painting projects that will involve at least 6 square feet of lead-based paint in homes built before 1978 must be EPA Lead-Safe certified and must follow specific work practices to prevent lead contamination.
Of course, 6 square feet is smaller than the average window, which means that pretty much every remodeling job will have to comply with this new requirement.
The Dangers of Lead Paint
For young children, lead poisoning can cause learning disabilities, hearing loss and behavior problems. In adults, lead poisoning can lead to hypertension and high blood pressure. Pregnant women run the risk of passing the poison on to their unborn child.
It is important that you find a remodeler who is trained in lead-safe work practices rather than try to do the work yourself. Not only that, but it’s the law: Contractors working in pre-1978 homes must be lead-paint certified and must follow these lead-safe practices whether or not there are children in the home – unless the home owner can certify that the house is lead-paint free.
What are Lead-Safe Work Practices?
EPA has a free brochure on its website (www.leadfreekids.org) called “Renovate Right” that provides guidance to home owners and contractors about remodeling safely to minimize lead dust exposure. EPA Lead-Safe Certified Renovators have been equipped to use lead test kits, educate consumers about the dangers of lead, and use prescribed lead-safe work practices. Your certified contractor should also give you this brochure to familiarize you with specific work practices, including these procedures:
1. Containing the work area so that dust and debris do not escape. Warning signs will be posted to keep visitors away from the area and heavy-duty plastic and tape are used to seal off doors and heating and cooling system vents and to cover the floors and any furniture that cannot be moved.
2. Minimizing dust. There is no way to eliminate it, but some paint removal methods create less dust than others. For example, using water to mist areas before sanding or scraping and prying and pulling apart components can reduce dust. It’s also prohibited to use open flame burning or torching; sanding, grinding, planing, needle gunning, or blasting with power tools and equipment not equipped with a shroud and high efficiency particulate air (HEPA) filter vacuum attachment; or using a heat gun at temperatures greater than 1100°F.
3. Cleaning up thoroughly. When all the work is done, and before taking down any plastic that isolates the work area from the rest of the home, the area will be cleaned with a HEPA vacuum to remove dust and debris on all surfaces, followed by wet mopping with plenty of water.
To find a Lead-Safe Certified Renovator or firm near you, contact CRBRA or visit www.epa.gov/lead.
Author: CRBRA Admin | On: June 13, 2011 | In: Education · Consumers | No Comments
OSHA announces 90-day phase-in for fall protection requirements
The following letter was issued on June 9, 2011, by Dean Mon, Chairman of the NAHB Construction Safety and Health Committee, in response to OSHA's announcement of a three-month phase-in period for compliance with its new fall protection guidelines.
Construction Safety and Health Committee:
Today OSHA announced a three month phase-in period to allow residential construction companies additional time to come into compliance with the Agency’s new directive Compliance Guidance for Residential Construction (STD 03-11-002).
This decision is in response to NAHB’s efforts, including the recent meeting between NAHB and OSHA’s leadership on May 26 where Barry Rutenberg, NAHB First Vice Chairman of the Board and I continued to argue that builders needed additional time to fully understand the steps that must be taken and to properly plan for the fall protection change. We also stressed there is a continued need for more fall protection training and compliance assistance for residential construction employers.
In response, the Assistant Secretary of Labor for OSHA, Dr. David Michaels, called me personally and told me that he has instructed OSHA's field staff that for the first three months that the new directive is in effect, compliance officers will not issue fall protection citations to home builders who are using the protective measures in the old residential construction fall protection directive (STD 03-00-001). Instead, if inspected OSHA will issue a “hazard alert letter” informing the builder of the feasible methods they can use to comply with OSHA’s fall protection standard or that a written fall protection plan must be implemented. If the builder’s practices do not meet the minimum requirements set in the old directive, OSHA will issue a citation.
Additionally, if a company fails to implement the fall protection measures outlined in a hazard alert letter and during a subsequent inspection of one of its jobsites where OSHA finds violations involving the same hazards, OSHA will also issue citations.
The three month phase-in period runs from June 16 to September 15, 2011.
The full details are in this letter from OSHA to NAHB.
Finally, I want thank the committee members for your contributions during the fall protection discussions with OSHA at the Spring Board meeting. I believe that these discussions directly led to OSHA changing their position and providing the 90-day phase-in period. Moving forward, we will also need to rely on your knowledge and expertise as we work in the coming days and weeks with OSHA to resolve the outstanding issues surrounding the Agency’s current fall protection guidance materials.
Any questions about OSHA’s announcement can be directed to Rob Matuga at rmatuga@nahb.org or phone at 202-266-8507.
Regards,
Dean Mon
Chairman, Construction Safety and Health Committee
Click here to register for the special CRBRA seminar on understanding the new fall protection requirements!
Author: CRBRA Admin | On: June 13, 2011 | In: Education · Members | No Comments
OSHA refuses to extend deadline for fall protection guidelines
In December 2010, OSHA rescinded its Interim Fall Protection Compliance Guidelines for Residential Construction (STD 03-00-001 – STD 3-0.1A), which had been in place since 1995. Effective Thursday, June 16, employers must provide conventional fall protection systems to protect all employees engaged in residential construction activities six feet or more above a lower level.
The new Compliance Guidance for Residential Construction will require employers to follow OSHA’s Subpart M Fall Protection regulation, which allows the flexibility of using a written fall protection plan and alternative fall protection procedures when conventional systems are either infeasible or using them creates greater hazard.
Construction Safety and Health Committee Chairman Dean Mon met May 26 with Dr. David Michaels, assistant secretary of labor for OSHA, regarding the change in fall protection requirements. During the meeting, OSHA reiterated that it is holding firm on its decision to retain the June 16 deadline, which will now require residential construction employers to follow OSHA’s Subpart M Fall Protection Regulation.
For a full summary of the discussion, read chairman Mon's memo to the NAHB Senior Officers.
OSHA Commits to Enforcement Flexibility
In the memo, Mon indicates that OSHA has committed to drafting and sending a letter to NAHB members to alleviate their concerns over possible enforcement actions, as well as agreeing to work with NAHB to identify those instances where the use of conventional fall protection may be deemed infeasible or create a greater hazard and to correct and improve OSHA’s guidance documents on residential fall protection.
Replay of Fall Protection Webinar Available
If you missed it, you can view a replay of the recent Fall Protection Webinar that prepares builders and trade contractors on how to comply with OSHA's Subpart M fall protection requirements and help guide builders on the use of a written fall protection plan.
For more information and resources on Fall Protection, visit www.nahb.org/fallprotection.
Author: CRBRA Admin | On: June 06, 2011 | In: Education · Members | No Comments
FAQs: Changes to the DEC's 2010 stormwater management design manual
CRBRA member builders and developers are encouraged to review the recent changes to the protocol established by the NYS Department of Environmental Conservation pertaining to stormwater management design, and to differentiating between the projects that need to the meet the old (2003) Design Manual standards and the new (2010). The biggest change between the two manuals is the use of "green infrastructure" in the 2010 manual.
The 2010 manual was effective August 2010. At that time, the DEC established a six-month grandfathering period. Any project that could file a Notice of Intent (NOI)--i.e., a project that had Town approval and MS4 SWPPP Acceptance Form signoff)--before March 1, 2011, was covered under the 2003 design manual. Projects that could not get their NOI filed befor March 1st are subject to the new design manual.
DEC just released this FAQ on the 2010 Design Manual. The FAQs are compiled periodically to answer questions related to their permits and design standards.
Download the DEC "Frequently Asked Questions"
Visit the NYS Department of Environmental Conservation Construction Stormwater Toolbox.
Author: CRBRA Admin | On: May 09, 2011 | In: Government Affairs · Education · Members | No Comments
Free webinar to help members comply with new OSHA fall protection requirements
CRBRA encourages all members to take advantage of a free webinar being offered by NAHB, to help members comply with new Occupational Safety and Health Administration fall protection requirements that will go into effect on June 16, 2011.
The webinar entitled “OSHA Fall Protection” will be held from 10:00-11:30 a.m. on Friday, May 6, 2011.
The new requirements replace a 1995 OSHA directive that was a source of confusion among home builders over what fall protection methods and systems should be used to comply with OSHA’s fall protection standards.
Builders now will be required to follow 29 CFR 1926 Subpart M Fall Protection Regulations, a change resulting from OSHA’s December 22nd decision to withdraw the Plain Language Revision of OSHA Instruction STD 3.1, Interim Fall Protection Compliance Guidelines for Residential Construction.
To help members prepare for this change, NAHB has been offering free in-person Fall Protection Training Seminars, which are funded through a grant provided by OSHA’s Susan Harwood Training Grant Program. NAHB has trained nearly 1,000 housing professionals to date and has scheduled training seminars at more than 40 sites across the country.
Matt Murphy, president of SEE, Inc., a safety training consultant with more than 12 years of experience establishing and implementing occupational safety and health programs in the residential and commercial construction industries, serves as the primary instructor during the NAHB in-person training sessions. Murphy also will be the presenter of the webinar, which is based on the in-person training.
During the webinar, participants will:
Changes to the requirements were outlined in the January 10th edition of Nation’s Building News.
In addition to the webinar, training materials used in the in-person training sessions will be able to be downloaded. The materials include a PowerPoint presentation, an instructor’s guide, and a post-instruction test, which can be downloaded in English or Spanish.
The webinar is free for CRBRA/NAHB members, and $44.95 for non-members.
Click Here to Register Now
Be sure to use promo code 11WWOS when adding the webinar to the shopping cart to eliminate the registration fee. Members must be logged into the NAHB website to complete the free registration.
For more information on fall protection, visit www.nahb.org/fallprotection.
Author: CRBRA Admin | On: May 02, 2011 | In: Education · Members | No Comments
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