Focus

As many California contractors know, Proposition 65 has been generating much concern throughout the state. As reported in Professional Roofing, contractors who fail to join a settlement agreement crafted by NRCA and the Associated Roofing Contractors of the Bay Area Counties Inc. likely will face lawsuits upwards of $30,000. (For more information, see "Prop 65 and asphalt roofing work: winning against a stacked deck," August 2003 issue, page 28; "A window of opportunity," May issue, page 38; and "Asphalt fumes: The current situation and a peek at the future," October issue, page 45.)

But there still is time to join the settlement and avoid the potential for costly individual lawsuits. The deadline for joining the settlement is Dec. 30.

For contractors who have received a 60-Day Notice of Intent to Sue from Consumer Advocacy Group in December 2001 and for March 2002, the settlement costs range from $4,294 to $9,494 depending on the number of employees they had as of Feb. 14, 2003. Legal fees are not included in the settlement amount, but NRCA has retained the law firm McKenna, Long & Aldridge, San Francisco, which will charge $500 for the required legal fees. For contractors who have not received notices or received notices after March 2002, the settlement costs are $2,894 to $5,994 plus legal fees.

"NRCA is trying to reach as many contractors in California as possible," says Tom Shanahan, NRCA's associate executive director of risk management and education. "We know contractors will be far better off participating in the settlement agreement than having to defend Proposition 65 lawsuits individually. But time is running out—after Dec. 30, contractors who do not participate will have to face these lawsuits on their own."

As part of the settlement agreement, settling contractors must post a roofing-specific Proposition 65 warning sign at their shops and incorporate Proposition 65 warnings in their hazard communication plans. In addition, settling parties that use hot asphalt must institute measures designed to reduce or mitigate any occupational, environmental or consumer exposure to listed chemicals.

To join the settlement, click here to download the settlement form, complete it and fax it to NRCA at (847) 299-1183. If you have questions regarding Proposition 65 or the settlement, contact Harry Dietz, NRCA's director of risk management, at (847) 493-7502 or hdietz@nrca.net.

Ambika Puniani Bailey is editor of Professional Roofing magazine and NRCA's director of communications.