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.
