The HTRC

The Homeowners & Trades Resource Center

Brought to you by:

You are here: Home / EPA Lead Regulations / 50 days & counting: Why OSHA is irrelevant to the RRP regulation

50 days & counting: Why OSHA is irrelevant to the RRP regulation

It is truly amazing how much bad information is put out on the internet every day. We have testing companies promoting their products, which a CLR cannot use. We have Lead Inspectors trying to sell their services as a way of getting around the RRP by saying – well only this component has lead so you just have to contain this item, which is also incorrect. We have others jumping up and down about how every project on pre-78 houses now falls under the OSHA regulations.  Well guess what – OSHA is completely irrelevant as far as the RRP is concerned. As of April 22nd, nothing changes, except that everyone working on pre-1978 target houses must comply with the EPA regulations .

What OSHA says:

As we covered in the prior articles on the differences between OSHA & the EPA, followed up by OSHA’s requirements and the costs one phrase is always used by OSHA: where lead is present (9 CFR 1926.62 § A – Scope). OSHA does not care if it is in a 1950 house, a 1990 house, located in the tile, the mortar, the paint, etc… If lead is present, you have to follow their requirements starting with an initial determination.  Well that is nice but if we don’t test, don’t we have to assume that lead is present per the EPA?

What the EPA says:

Well, I am just as guilty as others are by simplifying the regulation by saying; “The regulation is simple, you either run the tests to prove that lead is not present or you assume lead is present and use the lead safe practices”.

Based off §745.82 – the Applicability section, you must use the EPA’s Lead Safe Work Practices unless it has been certified as lead free or below their de minimis threshold. There is no assumption that lead is present, it is that you must use their work practices or prove that they are not needed.  Now if lead is present you must follow the OSHA regulations. If no testing is completed what does OSHA require?

OSHA Advisor:

As we mentioned in another article, OSHA has provided an “OSHA Lead in Construction Advisor” which is one of many invaluable tools that they provide to help you. So what happens when you simply say – I don’t know if lead is present?

Since you are not sure if lead is present at your job/work site, you should know that there are several methods of testing for the presence of lead, including the use of:

(1) Lead detection spot test kits
(2) Bulk materials testing (Not allowed to be used per EPA RRP for CLR’s)
(3) X-ray fluorescence (XRF) analyzers (Not allowed to be used per EPA RRP for CLR’s)

You also may find information on the presence of lead-containing materials in records belonging to the owner of a building or structure.

Come back to the Lead Advisor when you know if lead is present.

Back to the EPA:

§ 745.61   Scope and applicability.
(c) Nothing in this subpart requires the owner of property (ies) subject to these standards to evaluate the property (ies) for the presence of lead-based paint hazards or take any action to control these conditions if one or more of them is identified.

The end result:

The end result is simply the status quo; OSHA does not require you to test for lead and the EPA has stated that there statute cannot be used to compel a homeowner to have testing done. Therefore, if lead is present, you need to follow OSHA’s regulations that have been in place for years. The only thing that has changed is more people now know about the OSHA regulations and the new regulation issued by the EPA will soon be in effect.

A quick tip for Replacement Contractors (Windows, Siding, Roofing & other associated trades):

You all know that many old houses have lead paint on the exterior components (especially pre – 1950 houses per OSHA). Based off OSHA regulations while you have to do an initial determination, but you do not have to do one on each project. You may wish to review 1926.62(d)(3)(iii) & (iv).

Related posts:

LEAD, the EPA, and You – The Process of Remodeling a pre 1978 house
Last day before the RRP goes into effect: The 6/20 Exemption Limits
Safety Sunday: OSHA, Asbestos, & You
RRP Updates: Effective October 5th, 2011
38 days to go - Some good news & then the Alabama RRP issues
EPA RRP & HomeStar Updates
LEAD, the EPA, and You – a quick primer for Home Owners, Rental Owners, and Contractor’s regarding R...
140 Day's Later: RRP Penalty Guidelines Explained
  •  Tweet
  •  
  •  
  •  
  •  
  •  

Filed Under: EPA Lead Regulations, OSHA Tagged With: RRP Countdown March 3, 2010 By SLS 17 Comments

Featured Posts
Composite & Vinyl Decking – 10 common enemies to avoid

Composite & Vinyl Decking – 10 common enemies to avoid

While we love building wood decks, many customers are opting to go with composites & vinyl decking materials due to the reduced maintenance that is involved. There are a few ...

Read More

Taxes, Record Keeping, & Clearing the Clutter

Taxes, Record Keeping, & Clearing the Clutter

Oh no, it’s April 16th and taxes were due… are due on the 17th? (Sorry folks in 2022 & heh it is now May 17th - yeah Covid) In reality, ...

Read More

April – Spring Cleaning / Maintenance Checklist

April - Spring Cleaning / Maintenance Checklist

April is the first full month of spring, and shortly the kids will be getting out of school, everyone will be heading out on vacation, and it seems like our ...

Read More

Safety Sunday – 20 reminders for grilling

Safety Sunday – 20 reminders for grilling

In 2009 alone, over 16 million new grills were sold and a study showed that 82% of the US owns a grill with 97% of those owners admit that they ...

Read More

Getting ready for Spring: Your deck & grill

Hopefully, this last snow storm was it for spring (really?) meaning most of us can start getting ready to grill and get back to enjoying the great outdoors. Needless to say for ...

Read More

FAQ: Ceiling fan direction - summer & winter

One of the biggest questions out there is which direction should my fan be running and how can I tell. You look at the switch and realize it isn't any ...

Read More

Common Sense Building: Build Radon Out

Common Sense Building: Build Radon Out

As many of you probably already know, January is National Radon Month. Just like CO, it is an odorless & tasteless gas; however, unlike CO there are no warning signs ...

Read More

FAQ on Duct Cleaning: All Hype or Worthy Expense?

It must be spring time... I got the following in the mail just the other day: 5 different ads all for duct cleaning. With allergy season starting along with my ...

Read More

Random Glossary term

  • ICC

    It is truly amazing how much bad information is put out on the internet every day. We have testing companies promoting their products, which a CLR cannot use. We have Lead Inspectors trying to sell their services as a way of getting around the RRP by saying – well only this component has lead so […]

The HTRC - Copyright © 2006–2021 by TheHTRC.com & SLS Construction & Building Solutions LLC http://SLS-Construction.com