As I sit down to write my annual list of resolutions for contractors, I am amazed at how much things changed in 2020. Construction was going well and then, in March 2020, COVID-19 hit. At first, we thought it was going to be a disaster for the construction industry. States, cities and towns shut down projects and many applied for PPP loans. Then, something amazing happened. Construction was considered an essential service and everyone was back to work.  That said, the work world changed: companies were donating their PPE to frontline workers, COVID-19 protocols had to be followed and paperwork had to be filed. Everyone was scrambling to figure out how to comply and keep their businesses going. So, you may or may not ask, what was I, as a construction lawyer doing? I spent March and April thinking about the new risks contractors/construction companies were facing and developing contract clauses to protect the industry. I wrote a number of blog posts with clauses to add to your contra

Key Differences Between the RRP Rule and the New Massachusetts Lead Law

454 CMR 22.00: Deleading and Lead-Safe Renovation Regulations 

The good news for MA contractors is that the new lead law is well-written, and very similar to the RRP Rule.  The law bridges the gap between renovation work, deleading and OSHA regulations. Since most of my readers do renovation work or new construction, I am going to set aside the rules regarding deleading.  So, what do MA contractors need to know to stay in compliance with the state law?  

First of all, if you have trained as a Certified Renovator through a training accredited by the EPA, you are automatically a Lead-Safe Renovator Supervisor in MA.  The two certifications are equivalent.

If you have already applied and received certification as a Certified Firm with the EPA, then you need to apply for a waiver to be listed as a certified firm in MA.  You can access the waiver form, 

Lead-Safe Renovation Contractor Licensing Waiver here.

If you have not already applied to become certified with the EPA, you will need to apply to be certified with the state.  The fee is $375.00.  The form is available here:  

Lead-Safe Renovator Contractor 

Here are the requirements for the Lead-Safe Renovator Supervisor:

(4) Responsibilities of Certified Lead-Safe Renovator-Supervisors or Licensed Deleader-Supervisors at Renovation Worksites. The Supervisor assigned to the Renovation Project in accordance with 454 CMR 22.03(4) and 454 CMR 22.11(3)(f) shall:

(a) Carry out, or sufficiently oversee workers in the performance of, the work practices specified by 454 CMR 22.11(9) to ensure compliance with the same.

(b) Provide on-the-job training to workers in the work practices they will be using in performing their assigned tasks.

(c) Be physically present at the work site and in control of the work at all times when Renovation Work is in progress.

(d) In the absence of testing carried out by a Licensed Inspector or Risk Assessor, use a Recognized Test Kit to determine the presence of lead on components that would be affected or disturbed during Renovation Work or assume that all components that would be disturbed by the Renovation Work contain or are covered by paint or other materials containing Dangerous Levels of Lead.

(e) Perform the visual clearance and cleaning verification required by 454 CMR 22.11(9)(h).

So, the first key difference to note is that the Lead-Safe Renovator Supervisor must be on site at all times that the Renovation Work is in progress.  This means that until the cleaning verification process is complete, each project must have a Lead-Safe Renovator Supervisor at the premises.

More to follow...

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