Future Environment Designs wins the 8th Annual Pro/Am PACNY Fishing Tournament

On the morning of July 7, 2021, Future Environment Designs participated in the 8th Annual Professional Abatement Contractors of New York (PACNY) Fishing Pro-Am Tournament.  The tournament was based out of the Lake Breeze Marina, Kent, New York, and on Lake Ontario.  It was an iffy day with a thunderstorm passing through just before the tournament started and the lake was a bit rough with 2-4 foot waves.  There were 17 boats in this year's tournament (a nice turnout considering the recent easing of Covid restrictions).  They were:

The lake was a little rough which made for some interesting fishing.

1. AAC Contracting - Free Spirit 
2. Cornerstone Training Institute (CTI) - Sunrise II 
3. CTI - Legacy
4. CTI - Trolling Tails
5. Lozier - Screaming Reels 
6. US Ecology - Reflection
7. US Ecology - Shotgun
8. Metro - Rusty Lure
9. Dival - Reel Excitement
10. Abscope - Troutman
11. Sienna - Get Hooked
12. ECG - Richmond 4
13. Future Environment Designs - Catchin Hell
14. Sessler - Intimidator
15. Aramsco - Mister
16. First On-Site Restoration - 3 Dogs
17. HSE - Bite Me 

Future Environment Design's fishing team consisted of Ms. Sheryl Esposito, Mr. Matthew Desch, Ms. Veronica Hansen Garcia, and Mr. Angelo Garcia, III.  This was the first year that Future Environment Design's team was more than two people.  We were thrilled to have Sheryl and Matt with us this year.  Most of you have met Sheryl and Matt at the annual PACNY Conference at Turning Stone Casino in Verona, NY.  Sheryl is usually womaning our booth at the Conference.  Unlike other Tournament years, because of the rough lake, we went straight out and did not do a shotgun start.  Because of the rough water, Captain Tom Murray of the Catch 'N' Hell boat decided to go far out and work our way back.  Which was a good decision considering how it turned out.  It definitely was our day considering our first catch was the one that won big fish for the day!

The winner weighing in at 25.66 lbs.

We had the good fortune to catch enough Salmon & Trout to last us the entire year and fill our freezer (including sharing with Sheryl and Matt)!  By the time we had to decide whether to go in or keep fishing, we had caught sufficient fish to decide to call it an early day at 11 AM (based on the weather that was a good decision).  Our second and third salmon catches brought us the Trophy and the prize money for the Tournament:

Future Environment Designs and the Catch 'N' Hell Team

We are so proud to finally have our name added to the Trophy and that it only took 8 years to win the trophy.  This was the second time, we've caught the big fish the first time was the Second Annual Tournament.  The buffet (back again now that Covid restrictions have eased) at the Black North Inn was delicious roast beef with weck bread and horseradish.  A great big THANK YOU to Darren Yehl of CTI for organizing this Tournament!  Between our daughter's wedding, training beginning to return to normal, and this fishing tournament the summer has been a blessing but is going too quickly.  This year is the 6-year anniversary of Article 32 NYS's Mold Law and most everyone's license will be expiring between September and January 2022.  Look forward to seeing all of you soon and regaling you with my fishing adventures!

Long Island Enters Phase 4 and Future Environment Designs is Back in Business!

The Long Island region entered Phase 4 on July 8, 2020.  That same day Future Environment Designs was given permission to start offering in-person asbestos and mold refresher courses, again.  Though there are several restrictions with this reopening one of the more important restrictions is the requirement of social distancing in the class and the need to wear face coverings when that is not possible.  We are attempting to hold virtual classes and in-person classes every month.  Allowing you to have the option of whether you prefer to attend an in-person course versus a virtual course.  To see what our clients have been saying about our recent training courses visit our review page at CourseCheck.com at https://www.coursecheck.com/reviews/provider/76  

  

FEDTC Face Covering

For our in-person training courses, we are providing hand sanitizer and face coverings for all students attending the course.  We are requesting all students before attending any in-person course to take their temperature and go to the Centers for Disease Control (CDC) Covid-19 website  https://www.cdc.gov/coronavirus/2019-ncov/index.html.  At the CDC website, click on the self-check symptoms button and complete the Coronavirus Self Checker and follow the instructions after completing the self checker.  If the self checker says "Sounds like you are feeling ok.", "No Covid-19 testing needed at this time.", and your temperature is below 100 degrees Fahrenheit you can attend training.  Once you arrive we will also be taking your temperature to ensure before you attend the training that you are below 100.0 degrees Fahrenheit.

As we've written previously, we are using Go-To-Meeting as our platform for our virtual meetings.  We've had a few technical difficulties but otherwise considering we've only been using the platform for only three months it has worked pretty smoothly.  We are using several other tools to make the class interesting and fun.  We are using PollEverywhere.com to create discussions in the class regarding certain topics, every attendee is encouraged to access the Administrate portal before class so they can access the course manual and review for the exam, which at the end of class is also located in the portal.  In addition, we use CourseCheck.com for course evaluations.  As we continue with the new normal we will do everything we can to protect your safety in our classes and provide you with the information you have come to expect from coming to Future Environment Designs!  See you soon!  

Busy Summertime at Future Environment Designs (#FEDTC)!

The past few months have been a crazy ride and the rest of the year looks like it will continue!  So what's been going on at Future Environment Designs, Inc.?  At the time of this writing, we are getting ready to head to New York City for a presentation sponsored by the Metro-New York American Industrial Hygiene Association (Metro-NY AIHA).   Mr. Mark Drozdov will be presenting on new New York City regulations regarding construction training and mold requirements.  Later in the week, we will be heading to Plattsburgh for the annual Safety Expo and training for a mold remediation contractor in the area.  The Safety Expo held by the Northern Adirondack Safety and Health Council (NASHC) is usually an excellent place to meet the safety and health professionals in the Plattsburgh area.  We are looking forward to hearing the OSHA Compliance Assistance Specialist Ron Williams speak about what's new at OSHA.  For more information regarding the Safety Expo click here.

NASHC Safety Expo 2016

FEDTC has been busy creating courses for our e-learning/Training At Your Convenience service.  We now have three courses available for e-learning:  Asbestos Awareness; Respirator User; and NYCDEP asbestos restricted handler, handler, and handler supervisor exam review.  We are hoping to have a fourth course available soon.  We currently have a bunch of courses on the schedule that is drawing a lot of attention.  We have an asbestos supervisor initial course scheduled for July 23-27, 2018, our OSHA 30-hour construction safety course on July 30-August 2, 2018 is almost sold out and our combined mold worker/supervisor/remediation/assessment course on August 20-23, 2018 is already half full.

Our most recent Combined Mold Initial Course

Then finally we are looking forward to our annual participation in the 5th Annual Professional Abatement Contractors of New York (PACNY) Salmon Fishing Pro-AM on July 11, 2018.  We will be again on "Catchin Hell" boat hoping to bring home some big fish or just a lot of fish like last year!  We still have some trout and salmon in the freezer from last year!  Well, that's what's been going on at FEDTC hope to see you at one the events!

Last year's catch wasn't big but it was plenty!

NYS Department of Labor Publishes Two New Mold Fact Sheets

Since January 1, 2016, New York State Department of Labor (NYSDOL) was designated the responsibility of enforcing the New York State Mold Law, Article 32 "Licensing of Mold Inspection, Assessment, and Remediation Specialists and Minimum Work Standards."  Reading Article 32 is like reading stereo instructions (dating ourself on that one), somethings are very clear while others contradict each other, especially in the sections on the minimum work standards.  Many people in the industry have said NYSDOL needs to write a rule that will clarify the law.  We disagree, though the law is a little confusing, but it is very basic and simple.  There is a saying we love "Be careful what you wish for, you might just get it." (Knowing ourselves, I'm probably misquoting it, but you get the jist)  When regulators write rules they then have to go out for public comment and the next you know you get something that is really confusing and lengthy.  On November 18, 2017, NYSDOL published two new fact sheets:

• A revision of Publication P227 - Mold Assessment and Remediation in New York State Fact Sheet.

• and a new Publication P228 - What to Expect When You Hire a Mold Assessor and Mold Remediation Contractor Fact Sheet.

These two fact sheets are very well written and are perfect for providing to your clients to educate them on what to expect regarding the mold inspection/remediation process in New York State.  Reviewing and discussing these fact sheets are one of the highlights of our mold refresher courses.

Moldy Wall in New Construction

The interesting fact sheet is the newest one, "What to Expect When You Hire a Mold Assessor and Mold Remediation Contractor".  This fact sheet, in our opinion, actually clarifies some of the confusion with Article 32.  The fact sheet was created and designed for the consumer.  However, since it was created and designed by NYSDOL, it gives you insight into what NYSDOL expects from the Mold Assessment and Remediation process.  These are some of the points we think the fact sheet clarifies:

• The difference between a written passed clearance report and a final status report.
• Can you write a passed clearance report if the underlying cause (if known) is not corrected?
• The responsibilities of the mold assessor.
• The responsibilities of the mold remediation contractor.
• The use of disinfectants, biocides, and antimicrobial coatings.
• What happens if a post-remediation assessment is not wanted?

Those of you who took our initial courses or attended one of our presentations at Professional Abatement Contractors of New York (PACNY) or at the Environmental Information Association (EIA), we discussed what we saw as potential liabilities in the law regarding the above issues.  This new fact sheet actually clarifies these points without writing any further rules.  It provides the mold industry with a guideline of what a client should expect when they hire a Mold Assessor or Mold Remediation Contractor.  We look forward to discussing this with you and seeing if you agree. 

Related articles

• New York State Mold Licensing & Minimum Standards Law Is Signed By Governor Cuomo(futureenv.blogspot.com)

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• NYS Mold Law Changes, Licensing Requirement Goes Into Effect January 1, 2016(futureenv.blogspot.com)

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• Future Environment Designs Approved For All NYS DOL Mold Courses(futureenv.blogspot.com)

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Revisit "Changes Are Coming", Did They? & Save The Dates For PACNY's 2018 Environmental Conference

It has been over six months since we did our presentation "Changes Are Coming" at the Professional Abatement Contractors of New York (PACNY) 2017 Environmental Conference.  We figured it would be a good time to see where we stand with the changes we discussed in our presentation.  Our PACNY presentation can be viewed here if you don't remember it or have not seen it yet:

 We started our presentation with the Environmental Protection Agency (EPA) and the appointment of Scott Pruitt as the EPA Administrator.  Mr. Pruitt has been cutting agency staff and aggressive in reducing environmental regulations, all things that were expected once his appointment was announced.  The primary regulation we discussed, under EPA, was the reauthorized Toxic Substance Control Act (TSCA) and the potential for an asbestos ban.  Asbestos was listed by EPA as a top ten chemical listed for review.  However, in June 2017, the EPA released a series of limitations on TSCA, including how broadly the agency will review potentially hazardous substances.  It will be interesting to see how the Pruitt-led EPA will move this along.  It is also interesting that the US which was reducing imports of asbestos for many years (343 metric tons imported in 2015) all of sudden increased imports last year (705 metric tons).  Was the chloralkali and other asbestos using industries increasing inventories in anticipation of a ban?  Not the changes many people were hoping for. 

Brent Kynoch of EIA Presenting at the PACNY Conference

In our next section, we discussed the changes coming to the Occupational Safety and Health Administration (OSHA).  Well probably the best description for what is going on there is delay and re-evaluate.  OSHA still does not have an Administrator to head the Agency.  The first regulation we talked about was the Respirable Crystalline Silica standard which was to take effect in the construction industry by June 23.  OSHA delayed that enforcement to September 23.  Then delayed that enforcement for employers making a good faith effort to comply for another 30 days (see the OSHA memorandum here).  The next standard, the Beryllium standard has been delayed by a proposed rule-making on June 27, 2017.  This rule-making would eliminate the ancillary provisions (determining whether other sections of the OSHA construction and shipyard standards provide adequate protection) but not the lowered permissible exposure limit (0.2 micrograms per cubic meter) and the short term exposure limit (STEL of 2.0 micrograms per cubic meter, over a 15 minute sampling period).  OSHA has published a fact sheet (click here for the fact sheet) on the proposed rule-making.   The rule requiring companies to electronically submit injury and illness information was delayed from July 1, 2017 to December 1, 2017.  OSHA's Injury Tracking Application is now available and can be accessed here.  Remember establishments with 20-249 employees in certain high-risk industries (i.e., Construction, Services to Buildings & Dwellings, and Remediation & other waste management services) must submit information from its 2016 Form 300A by December 1, 2017.  Probably the most significant change at OSHA has been the elimination on OSHA's website of the ticker that listed the fatalities that have occurred daily across the country and the reduction of publishing employers who have been issued significant violations.

Thursday Night In the Vendor Hall

Our final section was reserved for New York State (NYS) regulations in particular the asbestos and mold state regulations.  Nothing has changed for the asbestos regulation, but our desire for Asbestos Hazard Emergency Response Act (AHERA) type clearance testing for all floor tile projects opened up a healthy debate (see our blogpost "Asbestos Floor Tile Debate Results" and our article in Healthy Indoors Magazine).  The NYS's Mold Law Article 32 still does not have regulations and so nothing has changed regarding the mold supervisor, how to pass clearance, if the underlying cause is not fixed, etc.  However, NYS Department of Labor did publish a renewal process.  To renew your license you will need to take a 4-hour mold refresher course and resubmit your paperwork with the appropriate fee (see our blogpost "Future Environment Designs Approved to Offer NYSDOL Mold Refresher Courses"). 

Friday's NYSDOL Roundtable

The 2018 PACNY Environmental Conference will be held from February 28 to March 3, 2018 at the Turning Stone Casino in Verona, New York.  Its too early yet for the registration information and speakers, but you can expect Thursday Night in Vendor Hall and NYSDOL will probably be there on Friday, March 3.  We look forward to seeing you there.

Related articles

• EPA official says the agency has shrunk to Reagan-era levels(businessinsider.com)

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• OSHA Fines Increase By 78%, Will That Lead To An Increase in Safety Consulting & Training?(futureenv.blogspot.com)

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• PACNY's Environmental Conference - Day 1 - And So It Begins!(futureenv.blogspot.com)

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• PACNY's Environmental Conference - The NYSDOL Round Table - Day Three and So It Ends!(futureenv.blogspot.com)

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Future Environment Designs Approved to Offer NYSDOL Mold Refresher Courses

Future Environment Designs is happy to announce that New York State Department of Labor has approved our Mold Refresher training course.  This course which will allow Mold Abatement Workers, Mold Abatement Supervisors, Mold Remediation Contractors, and Mold Assessment Contractors & Individuals to renew their license with New York State and continue offering mold services.  The course is an four hour course with a 15 minute break.  Individuals enrolled in the course will be expected to enhance the learning experience by sharing information regarding their experience in the past two years.

Mold Post-Assessment Clearance 

 We will be adding dates to our schedule at Future Environment Design's website now that we are approved to offer these courses.  As usual you can contact us to set up the Mold Refresher classes under our training "At Your Convenience" service.  Look forward to seeing you in class.

PACNY's Environmental Conference - The Very Technical Sessions - Day Two!

The second day of the Professional Abatement Contractors of New York (PACNY) environmental conference at the Turning Stone Casino in Verona, NY started with the Technical Sessions.  The day started with opening remarks from Sean Hart, of Energy & Environment, President of PACNY and Deb Sanscrainte, of Aramsco, the Conference Chair.  This year's Technical Session seemed much more intense & focused with a lot of good information presented.  The presentations kicked off with Dr. Martin Rutstein, of Ecological Consulting & Management Services, discussing "Talc with Tremolite & Other Amphiboles." Discussed the issues of talc contaminated with asbestos or silica and the potential for diseases correlated to talc related asbestosis, silicosis or talcosis.  Dr. Rutstein's presentations are always entertaining and are eye opening in regards to the science of geology.  The next presenter was Mr. Tom Laubenthal, of The Environmental Institute (a division of ATC Group Services) discussing "Using ASTM E2356 Standard Practice for Comprehensive Building Surveys".  Mr. Laubenthal's discussion brought up interesting points regarding the use of Safety Data Sheets (SDS) and Architect/Engineer Certifications of no asbestos containing materials used as part of the Environmental Protection Agency's (EPA's) Asbestos Hazard Emergency Response Act (AHERA) and its applicability for the purposes of a "thorough inspection" under the EPA's National Emission Standards for Hazardous Air Pollutants (NESHAPS).  After Mr. Laubenthal's presentation, we took a break to wander the Vendor Exhibit Hall and meet with some of the vendors like Grayling/ILC Dover (glovebags, etc.) and AMA Analytical (laboratory services).

Mr. Ed Stuber, of Galson Laboratories

We returned from the break for Mr. Ed Stuber's, of Galson Laboratories, update on the "Occupational Safety and Health Administration's (OSHA's) Silica regulation."  One of the key points of his presentation is that the silica standard is no longer a moving target.  Previously, the standard was based on a formula.  The current standard has a set permissible exposure limit (PEL) of 50 micrograms per cubic meter and a set action level of 25 micrograms per cubic meter.  In additions, it is very important to ensure you see the lab's proficiency testing data because labs that analyze silica samples have till June 23, 2018 to comply with the OSHA standard.  Dr. Chris Goulah, of EMSL Analytical, presented on "Legionella".  The presentation was on the New York City outbreak in 2015 and the regulations created by New York City (NYC) and New York State (NYS) to protect against Legionella.  Dr. Goulah's presentation noted that Legionnaires' Disease is on the rise since 2000 and that most cases are the result of exposure to Legionella asssociated with building water systems (potable & non-potable).  Mr. Jim Redmond, of Associated General Contractors of NYS, gave us a "Regulatory Update on OSHA."  Mr. Redmonds discussed the electronic submission of injuries and illnesses (goes into effect on July 1, 2017 for more information visit OSHA's website) and construction industry citations based on the multi-employer work-site policy (creating, exposing, correcting, & controlling).  We then broke for the buffet lunch and another stroll through the Exhibit Hall and meet vendors like DiVal Safety Equipment and Frederico Demolition.

Brent Kynoch of EIA

The afternoon started with Dr. James Haklar, from EPA Region 2, discussing "Polychlorinated Biphenyl (PCBs) Case Studies".    Dr. Haklar's presentation discussed the primary sources of PCBs in buildings (caulk, fluorescent light ballasts, paints and mastics) and secondary sources (building materials contaminated by releases of PCBs from the primary sources).  Dr. Haklar's presentation also discussed exposure levels for evaluating PCBs in Indoor School Air (to keep the total exposure below the oral reference dose of 20 nanograms PCB per kilogram-day) and the EPA's agreement with NYC.  Up next was Mr. Brent Kynoch, of the Environmental Information Association (EIA), updating us on "What Does Toxic Substance Control Act (TSCA) Reform Mean to the Asbestos Abatement Industry?"  Mr. Kynoch discussed "unreasonable risk" and the EPA's need to take final risk management action within 2 years or 4 years if an extension is needed.  In addition, Mr. Kynoch informed us that asbestos was selected in the "Top 10" chemicals for review by EPA and as of the PACNY conference the public comment period was open (it has since closed, here is the docket information:  https://www.regulations.gov/docket?D=EPA-HQ-OPPT-2016-0736).  The final speakers for the day were Mr. Cole Stanton, of Fiberlock Technologies, and Mr. Fred Schauf, of Spectrum Environmental presenting on "Environmental Indicators: Changes in Policy and Practice that WILL Impact Restoration & Abatement in 2017 -2018 and Beyond."  Mr. Stanton and Mr. Schauf discussed the 2016 Indoor Air Quality Association (IAQA) report to NYS Department of Labor (NYSDOL).  This report indicated the following:

Mr. Cole Stanton, of Fiberlock Technologies, and Mr. Fred Schauf, of Spectrum Environmental

• Remediators perform own assessments/final inspections
• Mold Remediation Plans are incomplete:
• No quantities per work area
• No Personal Protective Equipment (PPE) mentioned
• EPA registered biocides etc. without specifying a product
• No method for remediation, only "industry standards"
• No cost estimate
• Non NYSDOL licensed assessors provide the inspection/assessment.
• Real Estate agents are assessing and preparing Mold Remediation Plans for properties they are listing (does not appear to violate Article 32, it does appear to violate their code of ethics.)
• Mold remediators are still providing homeowners with checklist used as assessment and mold remediation plan
• and/or, No Mold Remediation Work Plans provided.
• Training Quality needs significant improvement:
• Incorrect information presented, such as: asbestos testing is not necessary as mold takes precedence over asbestos containing materials; a check list by the homeowner is OK; sampling is required; biocides are preferable to removal.
• Classes last less than 5 hours a day
• Mold assessment classes being taught by teachers without mold experience.

Vendor Reception in the Exhibit Hall

That ended the Technical Sessions on day 2.  The Vendor Reception in the Exhibit Hall started, where further networking with the vendors and the attendees continued.  It was a very informative day 2 and the amount of information was fantastic.  Looking forward to day 3 and our presentation.  Thank you to the Long Island contingent that attended the conference this year.

Part of the Long Island Contingent that Attended This Year 

Related articles:

• PACNY's Environmental Conference - Day 1 - And So It Begins!(futureenv.blogspot.com)

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• NYC's Legionnaire Outbreak Over, Leading to New Requirements for Building Owners.(futureenv.blogspot.com)

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• NYC Legionnaires' outbreak up to 10 dead, 100 diagnosed(newsday.com)

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• OSHA slams co. after 2 men died(bostonherald.com)

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A Merry Holidays and a Happy New Year to all of you! Future Environment Designs Closed Until January 4, 2017!

We wish all of you a Merry Holidays, we hope the coming year brings you health, and happiness!  As usual, we are closed from December 23 - January 4, 2017.  We look forward to seeing all of you during the New Year!  We are very excited by this coming New Year since we are expanding the blended learning we started after our Edinburgh trip to LITE2016.

Rockefeller Centre Christmas Tree 2016

We started the process by putting our course manuals online and providing you access to the manuals and the student portal for 365 days.  We continue the process by now including an online course evaluation process through Coursecheck, that will eliminate the paper forms.  The next phase we are planning is an online examination process which should make it easier to take the exams and further reduce paper documents.  To help those who don't have portable devices we will be supplying these devices in our classes.  We are awaiting the supply of fifteen (15) Surface 3 tablets with keyboards so we can facilitate the blended learning we are morphing our classes into.  We hope our students are just as excited as we are, as we move into this new more informative and interactive training method.  We look forward to greeting you in the New Year with these new training methods!

English: Blended learning methodology graphic (Photo credit: Wikipedia)

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Happy New Year! 2016 Brings New Regulations Merging With Annual Deadlines!

Happy New Year everyone!  2015 went out with a bang, especially with many people preparing for the new laws taking effect in 2016.  The biggest impact law is New York State's Article 32 (known as the Mold Law) requiring all companies advertising themselves as doing mold remediation or mold assessment will need to be licensed.  Also any worker performing mold abatement needs to be licensed, also.  Needless to say our schedule has been overwhelmed holding these classes preparing companies for this new licensing requirement.  This law also requires an independent mold remediation plan written by a mold assessor.  Requires a mold assessment and mold remediation contractors to be independent of each other on the same property.

Recent Mold Remediation Course

Don't forget that the annual posting of the OSHA log form 300A for injuries and illnesses must be posted by February 1, 2016.  See our previous posts regarding this issue.

Don't Forget to Post Your Company's OSHA 300A Form

The new OSHA confined spaces in construction standard went into effect August 3, 2015.  However, OSHA has two temporary enforcement policies that delay the enforcement of the standard for employers making "good faith efforts" to comply with the standard.  The first one expired on October 2, 2015 which was for all employers.  While the second one applies to employers working on residential construction that will expire on March 8, 2016.

The OSHA hazard communication standard 1910.1200 on December 1, 2015 required distributors to comply with the new labeling requirements.  The standard becomes fully implemented on June 1, 2016.  Meaning your hazard communication program, your chemical inventory, safety data sheets, and labeling should be in compliance with the Globally Harmonized System (GHS).

Changes are happening to the OSHA outreach program.  This is the program that authorizes the OSHA 10-hour & 30-hour construction safety training programs.  Starting March 1, 2016, OSHA will be issuing new cards that will be made of plastic (credit card style) and have a QR code for authentication.  The new cards will allow for electronic verification of the card to make sure it is valid.

A long string of new things on the horizon.  If we can assist you in any way in complying with any of this let us know.  Be Safe!

Related articles

• NYS Mold Law Changes, Licensing Requirement Goes Into Effect January 1, 2016(futureenv.blogspot.com)

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• Future Environment Designs Approved For All NYS DOL Mold Courses(futureenv.blogspot.com)

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• OSHA Log Form 300A Posting Due February 1, 2011.(futureenv.blogspot.com)

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• Confined Spaces In Construction Goes Into Effect August 3, 2015(futureenv.blogspot.com)

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• "Confined Spaces in Construction" - "What Employers Need To Know"(ehssafetynewsamerica.com)

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NYS Mold Law Changes, Licensing Requirement Goes Into Effect January 1, 2016

On July 25, 2015 Governor Andrew Cuomo signed the Chapter Amendments to Article 32 of the New York State Mold Law.  The Chapter Amendments modify Article 32 adding new information, clarifying wording, and most importantly adding a deadline for licensing.  The deadline for licensing is now January 1, 2016.  

To assist people with the licensing requirements, Future Environment Designs has submitted three courses (mold worker, a two day course; mold remediation contractor a three day course; and mold assessment consultant, a four day course) for approval to New York State Department of Labor (NYS DOL).  We are hoping to be approved before November so we can start holding these classes in November & December, 2015 (give us a call to make arrangements).  

Mold Remediation Project in Nassau County. Licenses will be Required by 01/01/16.

NYS DOL has created a NYS Mold Program website.  At present, it has the original legislation, the chapter amendments and sample course outlines for the three licenses, along with an FAQ.

In our blogpost on February 7, 2015 we discussed the details of the law.  Some of the Chapter Amendments to Article 32, that revises the law include:

• a modification of the definition of mold to "any indoor multi-cellular fungi".
• Addition of the word "Project" and its definition, "means mold remediation, mold assessment, or mold abatement, of areas greater than ten square feet, but does not include (a) routine cleaning or (b) construction, maintenance, repair or demolition of buildings, structures or fixtures undertaken for purposes other than mold remediation or abatement."  So licensing is not required for routine cleaning (this seems like it could be abused) and mold projects 10 (2' x 5') square feet (SF) or less.
• The addition of "on a project" for what is unlawful.  For example, "It shall be unlawful for any individual to engage in mold abatement on a project or to advertise or hold themselves out as a mold abatement worker unless such individual has a valid mold abater's license issued by the commissioner."  The same has been added to the mold assessment & remediation licenses.
• Changes were made to the minimum requirements to get a mold assessment license.  Particularly a requirement for insurance to get the mold assessment license.  The mold assessment business entity "must provide insurance certificates evidencing workers' compensation coverage, if required, and liability insurance of at least $50,000 providing coverage for claims arising from the licensed activities and operations performed pursuant to this article."
• Substantial change to the minimum requirements for a mold remediation license include the elimination of the requirement for a financial statement audited by an independent auditor.  Mold remediation license will require providing "insurance certificates evidencing workers' compensation coverage, if required, and liability insurance of at least $50,000 providing coverage for claims arising from the licensed activities and operations performed pursuant to this article."
• Fees were changed.  Mold Remediation license fee is to be between $500 - $1,000.  Mold Assessment license fee is to be between $150 - $300.  Mold Abatement (worker) license fee is to be between $50 - $100. 
• Exemptions have changed.   Added to the list are "an owner or a managing agent or a full-time employee of an owner or managing agent who performs mold assessment [or], remediation, or abatement on a residential apartment building of more than four dwelling units owned by the owner provided, however, that this subdivision shall not apply if the managing agent or employee engages in the business of performing mold assessment [or], remediation, or abatement for the public;" and "a federal, state or local governmental unit or public authority and employees thereof that perform mold assessment, remediation, or abatement on any property owned, managed or remediated by such governmental unit or authority."
• Nothing has really changed between the difference between assessment and remediation and the conflicts of interest between them.
• One minor change was done to the minimum work standards which was a rewording and the replacement of "must" with "may".  Basically removing the requirement of a containment, and allowing a remediation plan not to require containment.

Mold Licensing will not be required for projects 10 SF or less or routine cleaning.

 Since NYS DOL has moved forward with the training requirements and has started the process of approving training providers, the next steps seem to be clarifying who is required to be trained for mold assessment and remediation (owners, supervisors, foremen, industrial hygienists, etc.).  In addition, the standards for assessment and remediation need to be fleshed out for a better understanding of what is expected.  Another words still alot to do between now and January 1, 2016. Tick Tock! Tick Tock!

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