Going Global Green

Reduce Your Risk the Green Way

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Costs of Not Using a Compliance Monitor

In 2010 the EPA finalized all the rules and regulations as set forth in the Lead-Based Paint, Renovation and Repair (RRP) Rules, and in 2011 EPA followed with the implementation of several revisions to the 2010 RRP Rule. This means that contractors must now be sure that they are in full compliance with all of lead safe work practices and standards while performing renovation work where lead-based paints were used in pre-1978 residential housing or else face penalties that can range from minor to severe.

For that reason more and more contractors are opting to use a Compliance Monitor, an individual with an in-depth understanding of the regulations affecting their industry to ensure proper techniques are being employed when any work is done that might require the removal of lead-based paints. By having a Compliance Monitor at their disposal, such contractors can avoid making costly mistakes and can easily increase their credibility with their clients.

However, contractors that choose to work with older building (pre-1978) structures without the use of a Compliance Monitor may end up costing themselves in a big way. The first cost might be a simple delay in a project. But, should the violations be severe then there is the chance that the EPA will fine a contractor thousands of dollars. Worst of all, such penalties could even lead to a contractor being charged with a criminal offense.

While these penalties may seem stiff they are actually in the best interest of everyone and everything. Not only are people at risk when lead-based paints are removed and/or disposed of in an improper manner, but such acts also put the environment at risk as well. Therefore contractors that use a compliance monitor are ones that show they not only wish to do the job well, but also that they wish to do it right.

For more information about how a compliance monitor keeps work safe and ongoing, please visit our website at www.GoingGlobalGreen.com or contact us at  860.430.9935.

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Environmental Independent Monitor to Protect You and the Environment

Building contractors often have many rules that they have to follow when they are building and/or renovating. These rules will consist of local, state, and maybe even Federal regulations, but there are none more important than those that are meant to not only protect you, but also the environment.

This is why many contractors now work using an environmental independent monitor. Using an environmental independent monitor allows the contractor to stay in full compliance with all the rules and regulations including those that pertain to Lead-Based Paint, Renovation, and Repair (RRP), Asbestos Operations and Maintenance, and more.

While this ensures that all work done to a structure is done with an in-depth understanding of the regulations affecting the industry, which protects you, it also ensures that the environment is protected as well.

Take for example working with lead-based paints. If safe work practices are not
properly followed, lead dust could get into the air or the remnants could soak into the ground. This certainly puts people and the environment at risk.

For property owners, landlords and management companies it benefits you to utilize the services of properly trained and licensed contractor who utilizes the services of an environmental independent monitor. By doing so will insure that all work is being done in compliance with safety in mind.

For more information about how an environmental independent monitor can keep you and the environment safe, please visit our website at www.GoingGlobalGreen.com or contact us at 860.430.9935.

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Advantages of Using an Independent Monitor

Anytime there is a need for an in-depth understanding of State and Federal standards that affect a company’s ability to follow specific rules and regulations, using an Independent Monitor can help a firm ensure compliance.

The Federal government has encouraged firms to utilize the services of independent, impartial monitors who have an in-depth understanding of the regulations affecting their industry. Utilizing the services of an Independent Monitor is a proactive move for firms who previously failed to follow regulatory requirements with federal or state compliance standards, and/or as a condition to avoid criminal prosecution, or where remedial
alternatives are sought.

This is especially true when it comes to ensuring that contractors, building owners, landlords and property management companies who attempt to perform safe work practices when performing EPA’s Lead-Based Paint, Renovation, and Repair (RRP) Rule.

To ensure complete compliance and to keep from having to deal with problems and fines that could come from the EPA, HUD, and even OSHA, utilizing the services of an Independent Monitor promotes ongoing safe business practices that protects the integrity of a firms process and procedures.

While work can be, and often is, done without the use of an independent monitor, this often leads to unsafe practices and procedures and as well as being at risk for a fine and/or work stoppage, this also puts the general public at risk.

As a property owner, landlord, or a multifamily property management company it is in your best interest to be sure you are always working with properly experience and licensed contractors, and have an independent monitor at your disposal. This is especially important if the property you own and are about to get renovated was built before 1978. As there is always a risk of lead-based paint being present, the risk is amplified with older structures.

Firms that use the services of an independent monitor are ones that are taking all the right steps to support environmental compliance. Their staff will be properly trained and ready to deal with any and all lead-based paint that might be present, so the end result is a job that is not only well done, but properly done according to the law.

For more information about the advantages of an independent monitor, please visit our website at www.GoingGlobalGreen.com or contact us at  860.430.9935.

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Benefits of Having an Operations and Maintenance Program Before Your Property is Refinanced

Are you familiar with what an Operations and Maintenance (O&M) Program is? Are you aware that an Operations and Maintenance Program that is managed properly can and will provide many benefits for owners of real estate properties and will benefit their employees? If you’ve answered no to these questions you certainly are not alone.

Unfortunately many owners of Real Estate properties are unfamiliar just how important and beneficial an O&M program can be if properly implemented and managed.  Just recently we are starting to see that pendulum starting to swing the other way with some owners and property management firms embracing many elements and components of these types of programs.

However, lenders are certainly interested in programs of this type when considering lending money for new purchases or when an owner wishes to refinance his/her property. This is especially true for pre-1978 properties as they may contain Lead-Based Paint, or pre-1981 properties which could contain Asbestos materials. In both cases these are hazardous materials that provide lots of risk for an owner.

Simply, a well managed O&M program will reduce the potential for fines, penalties and lawsuits associated with non compliance of many environmental standards facing the real estate industry today.

Start today by giving some consideration into implementing, asbestos and lead safe work practices so employees and workers are able to work safely which will result in improved environmental performance.

If you have a program currently you might consider hiring an Independent Monitor to review your program. Environmental independent monitors are impartial, monitors with an in-depth understanding of the regulations affecting your industry.

These are all affordable steps that your lender will certainly be interested in.

Need a place to start? Download our property assessment and get a benchmark of where you are today.

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An Amazing Experience Under The Watchful Eye of The U.S. EPA

Going Green with Global Green Property SolutionsNever in a million years did I ever dream that I would have the responsibility of managing a full blown Environmental Compliance Program that was the result of satisfying a Compliance Agreement between my employer and the U.S. EPA Suspension & Debarment Division. When EPA’s Suspension & Debarment Division gets involved you know the matter is serious. And serious it was. I was informed that members of the company failed to comply with safe work practice standards applicable to regulated asbestos-containing material during a large building renovation project. Failing to adhere to these basic safe work practices was a violation under the Federal Clean Air Act’s, National Emission Standards for Hazardous Air Pollutants (NESHAP) for asbestos.

So not to bore you with all of the legal details, in the end the company pleaded guilty to one-count of felony violation of the Federal Clean Air Act. By doing so, the company agreed to pay a fine of $1M and to a five (5) year term of probation. Keep in mind that the company had no prior environmental violations.

Little did I know that things where about to become even more interesting for me.  Everything immediately kicked into high gear when the company also agreed to implement an enhanced Environmental Compliance Program (ECP) for the five (5) year probationary period. My world had changed forever as I was about to take on the lead role as the Vice President of Environmental Compliance. I had the full responsibility of translating the compliance agreement into corporate policies, directives, procedures and guidelines for full implementation of our new mandated environmental compliance program by U.S. EPA.

Since the Compliance Agreement included everything but the kitchen sink, sorry I take that back, it did include the kitchen sink and more. To say the early days of the compliance program were chaotic would be an understatement. I was handed a 30+ page compliance agreement along with a very detailed Environmental Compliance Plan. I now had the responsibility to implement the compliance program throughout the entire company that consisted of approximately 550 employees with operations in 12 different states. Many sleepless nights would follow just trying to figure out how I was ever going to make this program work.

The very first thing I learned and it turned out to be the most important, was that for a compliance program to work effectively it must have the full support of senior management. Without full support of senior management there is little chance of your program surviving. Thankfully this was not a problem for me because I was fortunate enough to have had unconditional support from the senior management team for the entire program duration.

After putting together an incredible team to assist me with implementing the many details of the program, I focused on creating and implementing the following elements of the compliance agreement;

  • Environmental Policy Statement: The creation of an Environmental Policy Statement that outlined the key aspects of the program and also establishing the company’s commitment to the success of the program. Each employee was given a copy to sign.
  • Anonymous & Confidential Hotline Service: Established an Independent Anonymous Hotline Service that all employees were encouraged to use to report any environmental compliance issues without fear of retaliation.
  • Independent Monitoring: Established Independent Monitoring of the program elements.
  • Key Positions: Created Key Positions with environmental compliance monitoring responsibilities at various geographical locations.
  • Audit Program: Created a three (3) Tier Audit Program that consisted of; annual independent audits, annual internal audits and monthly site location audits.
  • Training: Created two tiers of environmental training for employees together with job specific training utilizing an on-line training platform.
  • Standard Operating Procedures: Created ten (10) media specific standard operating procedures.
  • Reporting: Regulatory Reporting and Record Keeping: Created process for assuring regulatory reporting and record retention.
  • Service Contractors & Vendors: Created policy on informing contactors of their obligation while on the premises.
  • Accountability & Responsibility: Processes and procedures were created to hold all employees and contractors accountable for failing to comply.
  • Corrective Actions: Processes and procedures were created to implement corrective actions for all audit findings.

While in the fourth (4) year of the compliance program I received a surprise visit by two EPA audit investigators at our corporate office. The purpose of their visit was to perform a detailed audit of our environmental management system. The audit took two EPA auditors two full days to complete. At the end of the audit I received a twenty (20) page audit report which showed that we had completed the audit with zero findings against the company and that the environmental program was in full compliance. The audit report was our confirmation that all our efforts and hard work paid off.

A firm who is mandated to implement a compliance program by a federal agency will have many important decisions to make directly after the settlement. It’s my opinion that the company’s first and probably the most important decision that upper management will initially be faced with is who will have the responsibility to oversee and manage the compliance program?

My recommendation to the upper management executives that will most likely have the responsibility of selecting the program manager is choose wisely.  Additionally regarding your selection, my advice is to seek out an existing employee with a strong knowledge and familiarity of the workings of the firm’s business operations. Your candidate must be an individual with strong work ethics, with a good performance record, takes pride in his/her work, communicates well and is respected by his/her peers and coworkers, and lastly has a passion for getting things done.  Once a firm has selected their compliance program leader it’s absolutely critical that the highest ranking executive within the company, (Owner, CEO, and or President) communicate their full support for the program leader to every employee within the company, and the new compliance program going forward will be an intricate part of the way the company conducts their business.

In closing, I would like to say that I don’t wish any company to have to experience having a compliance-oriented system mandated by any federal agency as part of a settlement in an enforcement action. However, there is a silver lining here; you’ll find your program will provide benefits. Some benefits that I experienced were, improved employee awareness, moral and teamwork, contractor and vendor awareness, risk reduction, fewer incidents,  improved compliance performance, just to name a few.

And lastly for me, our compliance program provided me the opportunity to really make a positive difference not only for the employees and the company but also provided a benefit for the environment, after all good environmental management techniques benefit everyone.

Thank you.

If you have any comments about this blog site, topics you would like to see in the future please let me know in the comments below.