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

Seminar with the Division of Occupational Safety-MA Lead Law

Last week I attended a Lead Health Awareness Seminar run by the Division of Occupational Safety,  It dealt with complying with OSHA, the EPA and State Lead Regulations.  I learned a great deal about the requirements of the Occupational Safety and Health Administration as the regulations pertain to lead.  I have more to learn, but here is what I know so far:

1.  Certain activities are trigger activities that trigger the protections required by OSHA.  These protections include using setting up regulated areas, providing respirator masks, hand washing and protective clothing.

2.  Scraping lead paint is one of many trigger activities.

3.  "The employer shall assure that no employee is exposed to lead at concentrations greater than fifty micrograms per cubic meter of air (50 ug/m(3)) averaged over an 8-hour period."

4.  Once a contractor has the work site tested for airborne lead dust, if the amount of lead in the air is less than 30 ug/m(3) (Action Level), then compliance with the OSHA Lead in Construction Standard is not necessary.  A contractor would still have to provide chemical hazard training, hand washing facilities, and proper housekeeping.

5.  However, the requirements of the MA Lead Safe Renovation law still apply.  

More information to follow... 

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