NSW Painters License Changes

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daniel.wurm
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NSW Painters License Changes

Post by daniel.wurm » Wed Jan 07, 2015 2:58 pm

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According to New South Wales Fair Trading, “The threshold for requiring a licence for building and general trade work is being raised from over $1,000 of work to over $5,000 (including labour and materials).”, and “Stand-alone contracts for internal paintwork as well as work related to tennis courts, ponds and water features no longer need a licence, unless done as part of other home building work.”

The consequences of these changes will mean that unlicensed and therefore untrained persons will be able to complete painting works up to $5000 in value on NSW homes, and on any painting work conducted on the interior of a home, where the work is not part of a building contract. This decision has grave consequences for the painting industry, and risks the health of the NSW public.

According to the NSW Department of Environment, there are approximately 3.7 million homes in Australia that contain lead paint with concentrations of lead that exceed 1%. We estimate that this means lead paint with high concentrations is found in approximately 25% of homes in New South Wales.

According to the Federal Government Department of Environment, “Paint containing lead was used in many Australian homes prior to 1970, but those built more recently may also present a risk to your health. Exposure to lead is a health hazard. Even small amounts of dust or chips of paint containing lead, generated during minor home repairs, can be a health risk... Ideally, homes with paint containing lead should be assessed and remediated by trained professionals.” (Italics ours)

According to the booklet “Lead Alert: The six step guide to painting your home”, 5th Edition, Commonwealth of Australia 2014, which was published in consultation with State and Federal health and environment agencies, the National Health and Medical Research Council, Safe Work Australia, the National Painting and Decorating Institute, Aussie Painters Network, the Australian Paint Manufacturers’ Federation, CSIRO, Master Painters Australia, the NSW Public Works Department, CTI Consultants Pty Ltd,
“Exposure to lead can affect the health of children, unborn babies and adults.. .Young children are at the greatest risk. They absorb the lead when they touch contaminated dust or soil and then put their fingers or toys in their mouths. Children are still growing and they can absorb up to 60 per cent of the lead that they swallow. Adults absorb approximately one tenth. . . If it is necessary to disturb surfaces with paint containing lead, it is recommended that a contractor with lead paint management training do the job.”

It is a requirement that painters who become licensed receive training in safe lead paint management. It is currently a requirement that only licensed painters can carry out painting works worth over $1000 on the interior of NSW homes, and this should remain to protect the health of the NSW home owners.

In addition, Safe Work Australia recently released research that shows that painters are the occupation with the second highest risk of exposure to lead, a carcinogenic substance. According to The Australian Work Exposures Study (AWES):Lead and Lead compounds, published by Safe Work Australia in November 2014, “Lead has been implicated as being a risk factor for lung, stomach, kidney and brain cancer in workers exposed to lead in a work-related context. . . The main lead exposure circumstances identified in the AWES project were soldering, painting (old houses in particular). . . There is an opportunity to prevent work-related exposures to lead, and reduce the potential for work-related cancer cases, through efforts to increase the number of workplaces that eliminate the use of lead where possible or consistently use high order controls and good work practices to eliminate or reduce exposures to lead when relatively common activities are carried out. This may simply require initiatives that raise awareness or educate PCBUs and workers about using lead-free alternatives or known controls to prevent exposures to lead.”

The International Agency for Research on Cancer identified the main industries in which work-related exposure to lead occurs as “lead smelting and refining industries, battery manufacturing plants, steel welding or cutting operations, construction, painting and printing industries”. (IARC Monograph 87, italics ours)

Allowing unlicensed and untrained people to work in the industry will result on more workers being exposed to lead paint, and will only heighten the risk of exposure to toxic substances.

In addition, asbestos containing materials are found in many buildings built prior to 1989. These highly toxic materials must be identified and treated by trained and licensed trades people, including painters. Painting of home interiors containing lead paint or asbestos by untrained and unlicensed persons poses significant health risks to children, babies, and adults exposed to lead paint dust and asbestos fibres during preparation.

According to Environmental Health Standing Committee (enHealth), Asbestos: A guide for householders and the general public, Australian Health Protection Principal Committee, Canberra, 2013, published by the Department of Health, “ Inhaling asbestos fibres may cause asbestos-related disease and death. Houses built before 1990 are likely to contain asbestos cement products. . .Householders should engage experienced and licensed professionals to undertake home renovations and asbestos removal. . . frequent exposure to a larger number of asbestos fibres (e.g. builder or tradesperson using unsafe techniques) is much more likely to pose a risk to your health. . . Householders may be exposed to asbestos fibres during accidental damage to asbestos materials in the home, or as a result of unsafe handling of asbestos material by tradespeople or by the householders themselves” (italics ours)

To become licensed in NSW, painters must receive training in safe lead paint and asbestos work practices, working safely at heights, erection of scaffolding, and elevated work platforms. The majority of interior re-painting works are done independently of building work, and under the new legislation would not be subject to licensing requirements. Removing licensing requirements for many projects is an unacceptable risk to the public and to the industry.

Licensing protects the public from unqualified and untrained contractors, and protects painting contractors from clients who default on their payments. It provides a level playing field for all painters, and leads to safer work sites, safer NSW homes, and a better industry.

According to NSW Fair Trading, “the new laws draw on over 2 years of consultation with the building industry and consumer groups. All stakeholder suggestions and submissions were carefully examined and considered. A range of stakeholders took part in roundtable discussions in 2012. These received a high level of support and assessed complex areas for reform such as statutory warranties, dispute resolution and home warranty insurance. Expert working groups were also formed on these key topics. This consultation process informed the resulting reforms.”

However, the National Institute of Painting and Decorating (a peak professional body) was not consulted, and an examination of the Regulatory Impact Statement – Home Building Regulation 2014 and the Public Consultation Draft – Home Building Regulation 2014 shows that any proposal to remove the licensing requirements for interior painting works was not made available for consultation or a response from the public or the industry.

We agree with the Minister’s recent comments in his press release of December 17th 2014 that “It’s essential that consumers are protected from shoddy or incomplete work on their homes, and builders and tradespeople working in the industry are appropriately regulated,” and it is therefore puzzling why the new legislation actually de-regulates our industry, and offers less protection from shoddy and incomplete work from unlicensed and untrained painters.

According to a poll of over 250 painters, conducted by the National Institute of Painting and Decorating, ninety-two percent of painters support licensing for all painting.

In view of the fact that inadequate consultation was held with the industry, and the unacceptable risks from lead paint and asbestos that the new legislation will bring to NSW home owners and untrained workers engaged in painting works, we call upon the Minister to amend the legislation as soon as possible and restore the requirement for all home painting work over $1000 to be carried out by trained and licensed trades people.

The National Institute of Painting and Decorating will continue to fight to protect the industry and the public from unlicensed and untrained operators.

daniel.wurm
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Press Release - New Home Building Regulations a Risk

Post by daniel.wurm » Thu Jan 08, 2015 10:52 pm

FOR IMMEDIATE RELEASE
January 9th 2015

PRESS RELEASE –

NEW HOME BUILDING REGULATIONS A RISK TO NSW HOME OWNERS

Recent changes passed by the NSW parliament in regards to Home Building Regulation are a risk to the health of the NSW public, according to the the National Institute of Painting and Decorating, a peak industry body for the painting industry. NIPD are calling on the Minister for Fair Trading, The Hon. Matthew Mason-Cox, to amend new legislation due to come into effect on January 15th.

“We are requesting the Minister to keep existing licensing requirements for painting work on home interiors, including work under $5000. The new legislation was passed without sufficient consultation with the industry, and poses an unacceptable risk to the industry, and to the wider community,” says NIPD spokesman Mr. Daniel Wurm

Lead paint is toxic, and is found in high concentrations in most buildings in NSW built before 1971. The known effects of lead paint on human health include dangers to pregnant women, impaired brain development in babies and children, and anaemia in adults. The most common exposures occur during home renovations on older homes when lead paint flakes and dust are ingested or inhaled by children or unsuspecting DIYs.

Asbestos is found in most buildings built before 1990, and inhalation of asbestos fibres during paint preparation has claimed lives. Inhaled fibres may cause various lung diseases, including asbestosis. The National Institute of Painting and Decorating recommends that these highly toxic materials must be identified and treated by trained and licensed trades people, including painters.

“Painting of home interiors containing lead paint or asbestos by untrained and unlicensed persons poses significant health risks to children, babies, and adults exposed to lead paint dust and asbestos fibres during preparation”, says Mr Wurm. “It is currently a requirement that only licensed painters can carry out painting works worth over $1000 on the interior of NSW homes, and this should remain to protect the health of the NSW home owners. Licensing protects the public from unqualified and untrained contractors, and protects the public from health risks.”

Ends

Contact: Daniel Wurm 0402 312234 http://www.painters.edu.au

daniel.wurm
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New NSW Home Building Regulations to Cost the Economy

Post by daniel.wurm » Sun Mar 01, 2015 11:56 am

The painting industry, including the Master Painters Association of NSW, representing employers; Aussie Painters Network representing contractors, and the National Institute of Painting and Decorating, representing manufacturers, trainers and accredited colleges in the industry; all oppose the changes, and were not sufficiently consulted by the Department of Fair Trading when it was formulating policy. In our discussions with the Department, it has become clear that they did not receive responses to the proposed policy from the industry, and did not consult the industry.

The response from the Department does not address any of the issues raised, and fails to provide any research or data to support the claim that the new legislation provides adequate consumer protection, and that it will result in a net benefit for the community and the building industry.

According to New South Wales Fair Trading, “The threshold for requiring a licence for building and general trade work is being raised from over $1,000 of work to over $5,000 (including labour and materials).”, and “Stand-alone contracts for internal paintwork as well as work related to tennis courts, ponds and water features no longer need a licence, unless done as part of other home building work.”

The consequences of these changes mean that unlicensed and therefore untrained persons are now able to complete painting works up to $5000 in value on NSW homes, and on any painting work conducted on the interior of a home, where the work is not part of a building contract. This decision has grave consequences for the painting industry, and risks the health of the NSW public.

The Minister and the Department have claimed that the new laws bring NSW into line with other states. This is incorrect.

In Western Australia painter’s registration is required for all painting work worth over $1000. In South Australia a person must be licensed as a building contractor to carry on the business of either performing building work for others, or performing building work with a view to the sale or letting of land or buildings improved by that work, and this includes painting. In Queensland a license is required for any painting work that is valued at over $3300 including labor and materials.

The claim that adequate consumer protection standards remain under the Australian Consumer Law is illogical and has no evidence to support it. If the Department of Fair Trading has evidence to support this claim, there would be no need for licensing for any trade. The fact that the Department has kept licensing for most trades shows that the Department believes Australian Consumer Law provides inadequate consumer protection. Indeed, the relaxing of licensing requirements for the painting industry is a complete anomaly in the policy recommendations for licensing and subsequent legislation. The Department has failed to provide any research, data or evidence that the removal of licensing for interior paintwork is of benefit to the economy or the community.

In fact, there is evidence to suggest the removal of licensing will cost the NSW economy millions of dollars in defect rectifications, pre-mature paint failure, and health costs associated with lead paint exposure, un-safe work practices, and exposure to asbestos.

The National Institute of Painting and Decorating receives over 100 complaints per year from home owners who have had defective work performed by a contractor. The complaints from Victoria, (where there is no licensing), out-number complaints from NSW by a factor of four. The majority of these complaints are due to inadequate training and regulation of the industry. Many of these cases end up going to the Victorian Consumer Affairs Tribunal, costing thousands in court costs, and millions of dollars in rectifications of paint defects.

It is a requirement in NSW that painters who become licensed receive training in safe lead paint management. Under previous legislation, it was a requirement that only licensed painters can carry out painting works worth over $1000 on the interior of NSW homes, and this should remain to protect the health of the NSW home owners.

Studies conducted on the cost-benefits of correct lead abatement procedures show that the costs to the economy of enforcing lead abatement are far less than the combined costs of lead poisoning on the community. - Korfmacher, K.S. and M. Hanley. 2013. Are local laws the key to ending childhood lead poisoning. Journal of Health Politics, Policy and Law. 38(4):757-814.

According to the World Health Organisation, “The economic costs associated with childhood exposure to lead are substantial (Landrigan et al., 2002). The economic benefits of successful interventions against lead poisoning have also been shown to be enormous (Grosse et al., 2002; Gould, 2009). These benefits far outweigh the costs of creating a national programme for screening, surveillance and prevention of lead poisoning. . . .A recent cost–benefit analysis suggests that for every US$ 1 spent to reduce lead hazards, there would be a benefit of US$17–220. This cost–benefit ratio is better than that for vaccines, which have long been described as the single most cost-beneficial medical or public health intervention (Gould, 2009)” – World Health Organisation, Childhood Lead Poisoning, Geneva, 2010

According to the NSW Department of Environment, there are approximately 3.7 million homes in Australia that contain lead paint with concentrations of lead that exceed 1%. We estimate that this means lead paint with high concentrations is found in approximately 25% of homes in New South Wales.

According to the Federal Government Department of Environment, “Paint containing lead was used in many Australian homes prior to 1970, but those built more recently may also present a risk to your health. Exposure to lead is a health hazard. Even small amounts of dust or chips of paint containing lead, generated during minor home repairs, can be a health risk... Ideally, homes with paint containing lead should be assessed and remediated by trained professionals.” (Italics ours)

Under the new legislation, home owners will be more inclined to engage in DIY home renovations or engage untrained persons. In Victoria, where no painters licensing exists, the Monash University's Accident Research Centre figures show that there are about 1000 hospital visits, 500 hospital admissions and about 15 deaths a year from DIY injuries.- Department of Human Services and Health, Monograph No. 1 – 1995

In 2013, Australians spent more than $380 million on hiring tradesmen to put right botched home improvement projects.

According to NSW Fair Trading, “the new laws draw on over 2 years of consultation with the building industry and consumer groups. All stakeholder suggestions and submissions were carefully examined and considered. A range of stakeholders took part in roundtable discussions in 2012. These received a high level of support and assessed complex areas for reform such as statutory warranties, dispute resolution and home warranty insurance. Expert working groups were also formed on these key topics. This consultation process informed the resulting reforms.”

However, the National Institute of Painting and Decorating (the peak professional body) and the Master Painters Association of NSW (employer union) was not involved in any of these ‘roundtable discussions’, and an examination of the Regulatory Impact Statement – Home Building Regulation 2014 and the Public Consultation Draft – Home Building Regulation 2014 shows that the proposal to remove the licensing requirements for interior painting works was not made available for consultation or a response from the public or the industry in the Public Consultation Draft.

Over 500 painting businesses have signed the petition to have the legislation amended.

daniel.wurm
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Joined: Tue Feb 07, 2012 12:03 am

NSW Painters License Developments

Post by daniel.wurm » Mon May 25, 2015 12:05 am

The National Institute of Painting and Decorating and Aussie Painters Network have continued their campaign to amend Home Building Regulations in NSW to re-install painters licensing for interior paintwork, and to introduce painters licensing in Victoria.

After the recent state elections in NSW, the government appointed a new Minister for the Fair Trading portfolio. This has meant that negotiations with the government have had to start afresh, but it also means we are more likely to obtain a response from the government. The new Minister for Innovation and Better Regulation is the Hon. Victor Michael Dominello MP and his responsibilities include administrating the Department of Fair Trading.

The National Institute of Painting and Decorating has requested meetings with the Minister, and has received written responses from the Fair Trading Commissioner that the painter's licensing issue is being re-considered. However, without any time-line, or commitments, this response is pretty meaningless.

On May 20th, the Shadow Minister for Innovation and Better Regulation, the Hon. Peter Primrose, MP, met with representatives from the National Institute of Painting and Decorating on behalf of Aussie Painters Network and GreenPainters. The meeting took place at parliament house, and the Shadow Minister outlined the steps needed to put painters licensing back on the parliament's agenda. NIPD brought painting contractors from the Sydney area to explain how the new legislation was affecting their business. The Shadow Minister was very helpful and practical in his approach, and we thank him for taking our concerns seriously. His office will be working very closely with us to conduct an investigation of why the legislation was amended with seemingly no consultation with the industry.

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Above: NSW Shadow Minister for Better Regulation, Hon Peter Primrose

An application will be made under the Government Information (Public Access) Act 2009 (“GIPA Act”) to investigate what consultation was made during the legislative process, and whether adequate advice was given by the Department. The Minister will have 30 days to respond, and the Shadow Minister will be able to question the government in parliament.

We would like to thank Marcin Antosz from GreenPainters for assisting with the meeting, and Taubmans for their advice and support thus far. Over the coming weeks we will starting a massive media blitz to educate the public about the issue.

daniel.wurm
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Fair Trading Misleads Minister Over Painters Licensing

Post by daniel.wurm » Fri Jul 31, 2015 9:44 am

The Department of Fair Trading mislead the Minister for Fair Trading over changes to the Home Building Regulations, and has continued to cover up the dangers of lead paint and asbestos to NSW consumers, according to documents obtained by the National Institute of Painting and Decorating. There is evidence that Fair Trading staff even falsified figures presented to the commissioner. The National Institute of Painting and Decorating has obtained all the internal government documents related to this issue under the Government Information (Public Access) Act 2009.

In a report to the Commissioner of 11 March 2015 Fair Trading claims that "Fair Trading does not have any evidence to support the claim that using a licensed tradesperson over other unqualified workers will increase the risk of exposure for consumers". This is completely false. The National Institute of Painting and Decorating substantiated its claims in its correspondence to Fair Trading and the Minister on March 2nd 2015, with references to studies published in the Journal of Health Politics, information published by the World Health Organisation, the Department of Environment, Safe Work Australia, the International Agency for Research on Cancer, and the Department of Health.

The Department of Fair Trading claimed that internal paintwork is 'low-risk work' and 'straight-forward", despite having evidence to the contrary. The Minister claimed that the decision to remove the requirement for internal paintwork to be carried out by licensed painters was made through an 'extensive consultation' process, but documents show that the Department of Fair Trading did not receive any input from the painting industry at all, and did not include the policy in the draft Regulation and Regulatory Impact Statement in July 2014, or in any of Fair Trading's 'Foundation' E-newsletters.

The Queensland Building and Construction Commission and the Department of Industry were included as two of only four 'stakeholders' who supported the reforms, while the 5 industry associations who opposed it were ignored. The question is now raised about how a government department from Queensland was considered a 'stakeholder' in the NSW building industry.

According to Fair Trading, 'air conditioning' is considered a 'specialist work', but identifying, sanding and preparing deadly asbestos and lead paint is not. Fair Trading ignored the licensing models in WA, SA, and QLD, but instead chose to model its regulations on the Victorian Building Regulations, in which the Victorian Auditor-General’s Office recently reported that it found ‘critical weaknesses’ in the state’s consumer protection framework for building industry regulation and that it 'does not provide adequate consumer protection'

The Department of Fair Trading also ignored a letter from WorkCover NSW, which recommended to Fair Trading that it "identify training courses or units of competency that could be used by painters and industry in terms of minimum acceptable training qualifications".

"The documents reveal that Fair Trading were completely ignorant of the dangers of lead paint and asbestos to consumers when formulating policy, and that they have completely disregarded the information presented to them since", says NIPD Manager Daniel Wurm. "We even have one email from a policy advisor where she scoffs at the dangers of lead paint, and says "what in the world does asbestos have to do with painting?" It is an indictment on the government that such ignorance and arrogance is now endangering the lives of painters and the community".

The Department of Fair Trading is now engaged in a massive cover up, and has banned the National Institute of Painting and Decorating from posting on its Facebook page. Internal emails show that Fair Trading is scared because our posts 'contests the reforms and frames them as detrimental to consumer safety - an argument that many who like [the] page may, on the surface, perceive as valid'.

The National Institute of Painting and Decorating is now working with the Shadow Minister for Innovation and Better Regulation to make sure our industry continues to require the high standards we have fought for.

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