parkerThe sweet memories of my earlier days! I quickly learned life was much more enjoyable when I remembered how important using paper became. I didn’t realize you must use it also. I guess we are more alike than I thought.

Well Parker, although just as important in our life — we are different. Here we use paper as records for legal protection while your use was simply records proving to me how smart you were (which, by the way, remains to be proven). The common misconceptions related to sub-contractor requirements when working for a general contractor seem to revolve around getting the sub-contractor paper trained properly.

We get many calls regarding the use of remodeling sub-contractors on jobsites. Who has to be certified, who can be jobsite trained, who keeps records and what firms must be certified. I must admit that even though we have trained well over 200 classes the answers were not easy to find. The law itself was not written in a manner which clearly stated the applications in the field.

Depending on the state your project is in the answers can vary once again. Does your state follow EPA’s RRP regulation (38 do- is yours one of them?) or have they presented their admendments to EPA thus effectively applying their own version of RRP? We will attempt to answer the most common questions we hear through the eyes of EPA. Please remember to consult with your state lead laws as well as your local health department to inquire if additional restrictions are followed.

Formerly when I operated a design/build remodeling firm, we specialized in total kitchen and master bathroom suites. We used direct employees for carpentry skills but used many sub-contractors in related trades to complete our projects. Sound familiar? Recently our EPA program specialist, Mike Browne, assisted us in finding the answers to these questions in the EPA FAQ section. Lets use this as a framework for the questions below:

Do my sub-contractors have to be certified firms?

YESAll firms performing, offering, or claiming to perform renovations covered by the RRP rule must be certified. In this case, both the generalcontractor and subcontractor must become certified firms.

Can I train my sub-contractors workers (assuming their firm is certified)?

YESFirms hiring contractual workers may provide the certified renovator that oversees the renovation project and provides on-the-jobtraining to contractual workers and other non-certified workers.

NOTE: Any CR can provide on the job training. HOWEVER, that CR must keep all required records regarding the training he/she provided to that worker regardless of their role on the jobsite. The GC involved must posses the complete package of records that apply to being required on his/her jobsite. The sub must keep records that pertain to their practices, copies of any certified renovators they used and any non-certified worker training they provided on that project.

What records do my sub-contractor keep for himself?

The certified renovator, whether assigned by a general contractor or subcontractor, is responsible for preparing the records demonstrating that the renovation was conducted in compliance with the work practice standards, including training provided to non-certified workers.

All renovation firms involved in a project must retain and, if requested, make available to EPA all records necessary to demonstrate compliance with the RRP Rule for a period of 3 years following completion of the renovation. 

One of my sub-contractors does not disturb any lead based paint or make lead dust – do they need to be certified?

Firms performing tasks that disturb no painted surfaces whatsoever do not need to be certified. However, since conditions at the job site may be difficult to predict, EPA strongly recommends that all firms involved in the renovation be certified and use properly trained and certified personnel. For example, a firm hired to install an HVAC system after demolition of painted surfaces has taken place may find that to complete the job painted surfaces need to be disturbed. The HVAC firm may not engage in activities that disturb painted surfaces if it is not certified.

As every renovation job is different, it is up to the firm acting as thegeneral contractor to determine what activities are within the scope of the renovation and to ensure that other firms are properly trained and certified for the tasks they will be performing. All firms, including the firm acting as the general contractor, are responsible for making sure the renovation is performed in accordance with the work practice standards, including keeping containment intact and making sure lead dust and debris do not leave the work site. General contractors should keep in mind that if a firm hires a subcontractor that fails to follow the work practice standards or otherwise violates the Renovation, Repair, and Painting rule, the firm that hired the subcontractor is also responsible for the violation.

NOTE: This RRP statement would not remove OSHA requirements regarding worker protection (1926.62 Lead in Construction).

Hopefully you found this helpful in understanding the need to get your sub-contractors paper trained today! Many of our clients have benefited by getting their team of sub-contractors trained along with their own crew together. When everyone trains as they work – as a team. Putting these changes to work at your jobsite is an easier task when everyone is on the same page.

Both Scott and I, train from the field of experience and not some book. This law is confusing enough – Get trained from those who can show you how to put the law into reality right away.

If this makes sense to you, give us a call. Scheduling a private training at your convenience reduces loss of production time and gets you back in the field producing profit where we all belong.

Stay Healthy,

Peter Lawton