The Lead-Based Paint Renovation, Repair and Painting Program

Beginning April 22, 2010, owners and property managers of housing or child-occupied buildings containing lead-based surface coatings (paint, stain, varnish, shellac, polyurethane, epoxy, sealers, etc.) are required to ensure that contractors, developers, subcontractors and their employees working on said housing or child-occupied buildings are certified and acting in compliance with the new lead rules. Violators may face penalties exceeding $30,000 per day, per incident.

The Lead-Based Paint Renovation, Repair and Painting Program

A new rule issued by the Environmental Protection Agency (“EPA”), which addresses renovation, repairing and painting lead-based surface coatings in buildings constructed before 1978, takes effect on April 22, 2010 ("RRP Rule"). Persons that work on housing or child-occupied buildings must be EPA-certified and follow specific work practices. This applies to contractors, subcontractors, developers, specialty trade contractors (i.e., carpenters, roofers, painters, remodelers, renovators, HVAC persons, electricians, plumbers, carpet installers, drywall installers, tile and terrazzo contractors, etc.) and employees. Owners, property managers, and their employees are responsible for ensuring compliance with the RRP Rule. Homeowners working on their single family residence are exempt.

RRP Rule Requirements

In general, EPA-certified contractors disturbing more than six square feet of a lead-based surface must comply with the following:

-	Wear protective clothing and equipment
-	Enclose/contain work area to prevent release of dust and debris
-	Proper handling, storage and disposal of debris
-	Proper clean-up and surface testing for contaminants
-	Proper record keeping

Failure to Comply

EPA uses a variety of methods to determine whether business are complying, including inspecting work sites, reviewing records and reports, and responding to citizen tips and complaints. As a result, EPA may file an enforcement action against violators seeking penalties of up to $32,500 per violation, per day.

HexChrome Change: Employees to Learn All Exposure Results

An appeals court told OSHA to explain why it decided to require disclosure to workers only when the PEL for hexavalent chromium was exceeded, and now the safety agency has changed its mind. Most U.S. workers who are exposed to Cr(VI) compounds on the job are welders, according to OSHA.

OSHA published its Occupational Exposure to Hexavalent Chromium final rule on Feb. 28, 2006. The Public Citizen Health Research Group and others challenged it before the 3rd U.S. Circuit Court of Appeals, which ruled that OSHA had to explain why it had decided to require disclosure of exposure results to workers only when their exposures exceeded the PEL for hexavalent chromium, Cr(VI). In a Federal Register notice published Tuesday, the agency announced it has changed its mind and will require disclosure of all exposure results.

OSHA also published a companion direct final rule Tuesday. Unless a significant adverse comment is submitted on the companion direct final rule (Docket No. OSHA-H054a-2006-0064, www.regulations.gov), the change will be in effect. Comments may be submitted until April 15.

Most of the U.S. workers who are exposed to hexavalent chromium compounds while on the job are welders, according to OSHA.

OSHA said it re-examined the rulemaking record after the 3rd Circuit ruled and found no comments or testimony on the issue of whether employees should be notified of all exposure determinations, and it also confirmed that all of its other substance-specific health standards, including standards for lead, arsenic, and methylene chloride exposure, require employers to notify employees of exposures even below the relevant exposure limits.

The Cr(VI) standard lowered the PEL by 90 percent from its previous level, 52 micrograms per cubic meter of air, to 5 micrograms, which means over the course of an eight-hour shift, the worker's average exposure cannot.

Federal Government Bans Texting for Commercial Drivers

A texting ban for commercial motor vehicle (CMV) drivers is now in effect. In a notice that appeared in the Federal Register on January 27, 2010, the Federal Motor Carrier Safety Administration announced that CMV drivers are prohibited from retrieving, reading, preparing, or sending text messages through wireless electronic devices while driving. The ban is applicable to all CMV drivers who are subject to the Federal Motor Carrier Safety Regulations.

Posting Injury / Illness Summaries

It's time to post your OSHA Form 300A, the summary of job-related injuries and illnesses that occurred last year. Unless you have 10 or fewer employees or fall within one of the industries normally excused from the Occupational Safety and Health Act's recordkeeping and posting requirements, employers are required to post OSHA Form 300A annually from February 1 to April 30.

A complete list of exempt industries in the retail, services, finance, and real estate sectors is posted on OSHA's website at www.OSHA.gov.

The Importance of Fit Testing

Did you know that according to the Journal of International Society for Respiratory Protection, only 57.3% of organizations conduct fit testing?

Why Fit Testing is important? Each day millions of workers use respirators on the job for protection from respiratory inhalation hazards, such as toxic vapors, gases and particulate substances found in the air.

-	Fit testing is vital to your employees to ensure they are wearing a properly fitted respirator.
-	Research has found that a high percentage of respiratory users are wearing the incorrect size respirator which can lead to respiratory health issues.

Who needs to be fit tested?

-	OSHA Regulations (Standard 29 CFR part 1910.134) require employers to provide appropriate respiratory protection equipment when engineering control measures are not feasible or do not completely control the identified hazards.
-	OSHA requires fit testing prior to initial use and at least annually for all employees who are required to wear respirators with a tight-fitting facepiece.
-	Passing a fit-test does not guarantee that every time a wearer dons a facepiece that an adequate fit will be achieved. It merely confirms that a particular facepiece has the potential to provide a sufficient fit.
-	The wearer must always fit the mask correctly and perform the appropriate fit check procedure provided in the manufacturer's user instructions prior to each donning.
-	A change in dental or face altering procedures, weight changes or changes in facial hair would require a new fit test to be performed.

What are the types of Fit Testing?

Per OSHA 29 CFR 1910, there are two methods of fit-testing: quantitative fit testing and qualitative fit testing.

Qualitative Fit Testing (QLFT)

QLFT is based on an individuals sensitivity to taste, smell, or irritation. The test agents allowed by OSHA include Bitrex®, Isoamyl Acetate (banana oil), Saccharin, and Stannic Chloride (irritant smoke).

Quantitative Fit Testing (QNFT)

QNFT provides a numeric measure of facepiece leakage. Ambient aerosol systems calculate a respirator fit factor by measuring ambient air particles inside and outside the facepiece using a device such as a PORTACOUNT® machine made by TSI.