New Rules
Environmental Protection Agency (EPA)
Coming April 2010 NEW certification requirements
Under the current Lead-based Paint Activities Regulations passed by Congress during the Clinton presidency, both individuals and firms that perform lead-based paint inspections, lead hazard screens, risk assessments, and abatements must be certified by EPA. EPA proposed a similar, but not identical, regulatory scheme for individuals and firms that perform renovations. 40 CFR, part 745 can be viewed at: http://www.epa.gov/EPA-TOX/2008/April/Day-22/t8141.pdf
This final rule requires all renovations subject to this rule to be performed by a firm certified to perform renovations. In addition, the rule requires that all persons performing renovation work either be certified renovators or receive on-the-job training from and perform key tasks under the direction of a certified renovator. In order to become a certified renovator, a person must successfully complete an accredited renovator course.
Common renovation activities like sanding, cutting, and demolition can create hazardous lead dust and chips by disturbing lead-based paint, which can be harmful to adults and children.
To protect against this risk, on April 22, 2008, EPA issued a rule requiring the use of lead-safe practices and other actions aimed at preventing lead poisoning. Under the rule, beginning in April 2010, contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified and must follow specific work practices to prevent lead contamination.
Until that time, EPA recommends that anyone performing renovation, repair, and painting projects that disturb lead-based paint in pre-1978 homes, child care facilities and schools follow lead-safe work practices.
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All contractors should follow these three simple procedures: Contain the work area.
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Minimize dust.
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Clean up thoroughly.
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Read EPA's Regulations on Residential Property Renovation at 40 CFR 745.80, Subpart E.
The rule will affect paid renovators who work in pre-1978 housing and child-occupied facilities, including:
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Renovation contractors
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Maintenance workers in multi-family housing
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Painters and other specialty trades.
Training classes can be found at this link: http://www.cted.wa.gov/site/515/default.aspx
April 30, 2009 Illegal Worker Enforcement - Focus on Employers
The Department of Homeland Security (DHS) on April 10 released a new "Worksite Enforcement Strategy" amending immigration law enforcement priorities that were promulgated in April 2006 by the previous Administration and focused on the arrest and removal of illegal immigrants. The new strategy de-emphasizes the use of raids on work sites and mass arrests of illegal immigrants on construction sites. Instead, U.S. Immigration and Customs Enforcement (ICE) agents have been instructed to focus on the criminal prosecution of employers who knowingly hire illegal workers. Smugglers, traffickers, those who harbor illegal immigrants and those who mistreat immigrant workers are designated for special attention. In addition, ICE agents have been instructed to follow high investigative standards and to "obtain indictments, criminal arrest or search warrants, or a commitment from a U.S. Attorney's Office to prosecute the targeted employer before arresting employees for civil immigration violations at the work site." Under the new strategy, employers should expect a heightened scrutiny of their hiring practices and their compliance with the requirements of the Immigration and Reform Control Act of 1986. Employers are advised to faithfully comply with the 1-9 verification process for new hires, to use current forms and to adhere to all record-keeping requirements in anticipation of an increased possibility that they might be subjected to an I-9 audit. Form I-9 can be downloaded at the following website: http://www.uscis.gov/files/form/i-9.pdf To view the Department of Homeland Security's April 30, 2009 Worksite Enforcement Strategy go to http://www.nbnnews.com/NBN/new/downloads/WSE_Fact_Sheet051109.pdf
April 8, 2009 L&I's draft Fall Protection rule
The Division of Occupational Safety & Health (DOSH) is developing a set of fall protection rules that should provide more clarity, be more easily understood, and more workable for business.
They are interested in your comments on their draft rule. DOSH is especially interested in hearing from you regarding any language in the draft rule that you may find confusing or unclear.
Due to concerns regarding the size of the file, we are providing a link to the draft. You can access the draft at: http://www.LNI.wa.gov/WISHA/Rules/FallProtection/FallProtectionDraftApril09.pdf
The analysis document is an optional reference you can use while reviewing the rule draft. It will help you compare the draft language to our existing rules and understand how the draft differs from the current rule. You can access the analysis document at: http://www.lni.wa.gov/Safety/Topics/AtoZ/FallProtect/default.asp
Once the proposed rule enters the formal rulemaking process, L&I will conduct public hearings and open a public comment period. For updated information, please check the DOSH website at http://www.lni.wa.gov/safety/rules/whatsnew/proposed/default.htm?RuleID=296
April 1, 2009 Personal Protective Equipment (PPE) Update
Recent changes make clear that the employer is to provide the necessary PPE at no cost to the employee. The adopted language can be found here: http://www.lni.wa.gov/rules/AO08/35/0835Adoption.pdf
L&I is required by statute to remain at least as effective as OSHA. Adopting these changes will keep the department in compliance with the law. The Occupational Safety and Health Administration (OSHA) has recently revised several of their rules to clarify the fact that personal protective equipment (PPE) for employees is to be paid for by the employer. These changes make clear that the employer is to provide the necessary PPE at no cost to the employee. Also, some additions are being made to the list of examples of PPE L&I gives to employers, to match the list of examples put out by OSHA. The changes were adopted 2/17/2009 and became effective on 4/1/2009.
The most current version of L&I safety rules are available here: http://www.lni.wa.gov/safety/rules/find/default.htm
September 2008 When is TRAVEL TIME considered HOURS WORKED?
http://www.lni.wa.gov/workplacerights/files/policies/esc2.pdf
September 2008 Handyman Specialty Clarified
As a result of changes to the Contractor Registration law in the 2007 Legislative Session, the definition of the “handyman” specialty has been clarified. The handyman specialty now specifies that a handyman must be an individual who does all the work personally without employees or other specialty contractors. A handyman may perform more than one unrelated specialty trade or craft provided he does all the work himself.
All work shall be limited to minor and casual work of existing residential maintenance and repair with a total dollar value of time and materials under $2,000. The handyman specialty cannot do work requiring a building permit. If the registered contractor is a corporation or limited liability company (LLC), one person must be identified as a handyman. Work in this specialty may also require plumber certification per Chapter 18.106 RCW and/or an electrical license per Chapter 19.28 RCW.
