OSHA vs EPA - Who has more authority?

[Immy]

Was listening to a radio show about govt regulations and a guy who paints houses for a living said the EPA handed down a new rule that plastic sheeting needs to be on the ground so paint splatter doesn't adversely affect grass, plants etc. However, to provide the most effective ground coverage, ladders must be placed on top of and around the sheeting, which is an OSHA safety violation.

So which agency has more authority? What does a business do with conflicting regulations such as this?

 

[1320Fastback]

I would think the EPA has more authority.

In reality though the painter will get a citation for having a ladder being used in a unsafe manner and after he then removes the plastic the EPA will cite him for paint splatter protection.

That is just the sad fact of how our government works.

I am also in construction and have many stories of the daily non sense that we have to go thru.

 

[Chadeaux]

Firstly, why are you trying to EARN a living? If you won't go on foodstamps and welfare like everyone else, then its up to the EPA and OSHA to make sure you can't succeed.

Where's your patriotism?

Look, go home and collect your welfare check and foodstamps like a good little feller. You can stay home and play nintendo all day and at night you can go buy some weed with your foodstamps.



BTW, tomorrow Ricky said they will let me go outside and play with the butterflies . . . but I'll have to have a couple more straps added to my straight jacket. Life is so good here in the Nut House . . .

 

[Hot zone]

My safety has priority over the environment. If it came to spilling paint or breaking my neck, I would spill paint. . I would act in the manner that OSHA trumps EPA.

 

[Frankn]

EPA has the most authority, but I would never place a ladder on plastic.

 

[FarmerChick]

wouldn't some common sense prevail? just cut a small slit around the ladder base so it is on solid ground?

I paint in my home. I put down plastic sheeting to protect the carpet. If I need a ladder I do exactly what I said above. I won't put even a small ladder on plastic. I don't want to go flying. no EPA or OSHA in my home

 

[Immy]

Wouldn't some common sense prevail? Just cut a small slit around the ladder base so it is on solid ground?

Apparently that's not good enough for OSHA either. Can't have a slippery surface like plastic as the footing when stepping off a ladder.

And in case anyone brings it up, using any material made out of cloth is not acceptable. Paint can apparently leach thru it.

 

[spartacus53]

Either have a trampoline near the base of the ladder, and jump onto it, then to dry ground... or, run a plank from the bottom rung to the outside perimeter.

Me, I'd just have to make some people do the Houdini, it's much easier than following any regulations

 

[dances for eels]

Generally, it's not a question of who has more authority but which rule is more stringent; the more stringent rule is to be followed. Specifically, in this case, I solved it by using 2 sheets of plastic and overlapping them every time I moved the ladder. The ladder rested on the ground and the plastic covered everything including the feet of the ladder. It added about 15 minutes to the whole job, a school/church clean and paint for a facility-management company.

 

[TheHarleyMan2]

Well most exterior paint is water base, unless somenoe uses oil base paints. Water base only has paint pigments in it and is harmless, (supposedly)!

But many painters when finished painting goes to the side of the house and uses the water spicket adn garden hose to wash their brushes, pans, and what nots.

I believe either way the EPA has overriding power of authority, but also, so does OSHA. But I think it depends on the circumstances at hand to decide which has authority.

Now as a former business owner, I would say as long as I am not putting harmful chemicals in the ground, they can just kiss where my place that is reserved for my ex-wife depends on who gets there first!!

The reason way back when the government mandated regulations to remove lead from paint products. The reasoning someone came up with water base paints and that is what primarily most painting contrctors use becsides easy clean up.

EPA AND OSHA can pretty much cause any business owner heartaches and financial hardships by not following the rules IF CAUGHT. But, you would have to prove the products you are using is not harmful as well, if EPA decides to cite you. One thing to keep in mind if you ever get cited and have to appear in court, (FOR ANY REASON, TICKETS, ETC) and you are POSITIVE you WILL WIN IN COURT. Make sure you tally up all your expenses for going to court, lost wages because you have to appear in court, etc. and have all your documents to prove such, Then as soon as you win in court, go to the county DA's office and file a compensation of your time, (bill), to be paid immediately, but you have to file it. I read cases where few people where sommoned to appear in court for tickets, fines, etc, PROVED their innocense and won in court, and they filed wage claims for having to appear and they ALL got paid what was submitted in court for their costs and lost wages. I know someone here in Texas who did such as I mentioned and got paid for his day of lost wages. The DA's office wasn't happy and niether was the judge, but because he won in court, the county had to pay him.

Many people DO NOT know this, and think they can't charge the courts for their time for having to appear. Fact is one can do it if they got their ducks in a row.

 

[spartacus53]

Many people DO NOT know this, and think they can't charge the courts for their time for having to appear. Fact is one can do it if they got their ducks in a row.

I know that, I'd call upon myself as an expert witness and I don't come cheap either

 

[FarmerChick]

Generally, it's not a question of who has more authority but which rule is more stringent; the more stringent rule is to be followed. Specifically, in this case, I solved it by using 2 sheets of plastic and overlapping them every time I moved the ladder. The ladder rested on the ground and the plastic covered everything including the feet of the ladder. It added about 15 minutes to the whole job, a school/church clean and paint for a facility-management company.

according to Immy saying in his post, you are in violation because you steppped off the ladder onto plastic.

you in trouble now

 

[FarmerChick]

I would think a PERSONs immediate safety trumps EPA

but I have met people who think that the environment is better off with most people dead on this earth so.....who knows who is writing the rules?

 

[Immy]

I would think a PERSONs immediate safety trumps EPA

That's my feeling too. Though maybe we'd do better with plants in govt.