Tuesday, December 11, 2018

NYC Department of Environmental Protection Asbestos Rule Amendment Goes Into Effect January 6, 2019

New York City Department of Environmental Protection (NYCDEP) posted a "Notice of Adoption of Final Rule" that goes into effect January 6, 2019.  This Asbestos Rule Amendment includes quite a few changes to Chapter 1 of Title 15 of the Rules of the City of New York.  For a copy of the Asbestos Rules Amendment, click here.  In addition, going into effect on January 6, 2019, is the "Promulgation of Air Asbestos Penalty Schedule".  This penalty schedule has been incorporated into Title 15 and includes the revised violation schedule for the changes made to Title 15 by the Amendment.  For a copy of this Penalty Schedule, click here.

Asbestos Training Course
As expected most of the changes to Title 15 was in response to the almost year ago indictment and arrest of the 17-18 NYCDEP asbestos investigators, see below for the press conference or click here for Spectrum News NY 1's report.  Those indictments included recommendations from the New York City Department of Investigations (NYCDOI) click here to see the press release on the arrests and the summary of recommendations made by NYCDOI.


Some of the changes regarding asbestos investigators:
  • Subchapter A Section 1-01 subdivision (j) (3) now allows NYCDEP may block an asbestos investigator from filing an ACP5 form along with the previous wording of denying asbestos permits for non-payment of civil penalties by the abatement contractor, building owner or air monitoring company,
  • A requirement of an electronic recordkeeping system and to protect records from water damage, and a requirement to immediately report if any records are damaged, lost or destroyed,
  • Non-certified individuals may not collect bulk samples,
  • New applicants must submit documentation of successful completion of an 8 hour minimum introductory blueprint-reading course or any applicable building design and construction training or certification as established by the department and posted on the NYCDEP website,
  • Registered design professionals, certified industrial hygienist or certified safety professionals must have documentation of 6 months post-graduate experience in building survey for asbestos,
  • Associate Degree individuals must have 2 years (instead of one year) post-graduate experience in conducting surveys for asbestos,
  • Individuals with extensive experience must show 3 years (instead of two years) of experience in conducting surveys for asbestos,
  •  Applicants are allowed three attempts to achieve a passing grade on the exam.  After the third attempt results in failure, the applicant must retake the New York State Inspector Training to retake the NYCDEP exam, 
  • Section 1-16 letter (j) gives NYCDEP the authority to deny any application submitted if it is determined the applicant has failed to meet the six standards listed,
  • Section 1-16 letter (k) gives NYCDEP the authority to immediately suspend an investigator issued a notice of violation alleging unprofessional conduct that demonstrates a willful disregard for public health, safety or welfare,
  • Section 1-16 letter (l) gives NYCDEP authority for reasonable cause to believe an investigator's surveys have been performed improperly or fraudulently such that work performed poses or may pose a threat to human safety, the Commissioner may invalidate any or all ACP-5s filed by the investigator and may order the building owner to stop all work, have a new survey conducted by a different investigator, and have a new ACP5 submitted.
  • Section 1-16 letter (m) investigators must disclose prior convictions, etc.
  • Replacement certificates may only be obtained twice in any two-year validity period.
  • The addition of the number of samples required based on Surfacing Materials, Thermal System Insulation, and Suspect Miscellaneous Materials.
  • Skim coat of joint compound included in surfacing materials utilizing 3,5,7 rule.
  • Bulk Sample results/reports must be submitted within 72 hours of request (used to be 5 calendar days).
What's wrong with this picture?
Some of the changes regarding other parts of Title 15:

  • Several other definition modifications or changes, including:
    • Bound Notebook -notebook manufactured so that the pages cannot be removed without being torn out,
    • Start Date - shall mean the date when a worker decontamination enclosure system is installed and functional,
  • Approved Variances changes including automatically canceling a written approval of a variance when the building owner changes contractors,
  • Section added to experience requirement of asbestos handler supervisor,
  • Sections added to the renewal of restricted asbestos handler certificate,
  • Work Place Safety Plan's (WPSP) floor plans must now also show the location of the decontamination enclosure systems along with all project work areas,
  • Failure to comply with the approved WPSP is a violation of these rules was added.
  • A requirement that a registered design professional must submit a letter to the Asbestos Technical Review Unit affirming that the professional visited the workplace and that additional asbestos abatement, for the additional ACM added to a project, is consistent with the approved WPSP and the proposed changes will not impact egress or fire protection.
  • Electronic recordkeeping of the project record for abatement projects,
  • Air Monitoring Company must maintain electronic records for 30 years after the end of the project including:
    • NYCDEP Certificate number of all individuals who worked on the project;
    • location & general description of the project;
    • start and completion dates for the project;
    • name, address, & ELAP registration number of the laboratory used for air sample analysis;
    • a copy of the project air sampling log.
  • One air sample technician must be present per 3 work areas in one work site.
  • A rotometer's calibration sheet must be available at the worksite,
  • Project air sampling log must be created & maintained in a bound notebook by the air monitoring company.  A copy of the log must be submitted within 72 hours of a request, used to be 24 hours.
  • Sample location sketches must be made within one hour of the beginning of sample collection.
  • Air sampling results/reports must be submitted within 72 hours of request (used to be 5 calendar days).
  • OSHA personal sampling must be made available within 72 hours of request.
  • Entry and exit log must be submitted within 72 hours of a request, used to be 48 hours.
  • Glovebag procedures may only be used on horizontal piping.
  • The addition of on any individual floor for tent procedures.
AHERA TEM method counts for total asbestos structures per cubic centimeter averaged 22 times greater than the PCM fiber counts on the same filters.

Considering this was primarily focused on the indicted asbestos investigators and recommendations from NYCDOI, there seemed to be a lot of things NYCDEP needed to clean-up in other parts of Title 15.  It is interesting that third-party analysis recommended by NYCDOI was left out of the amendment, and Future Environment Design's comment about requiring transmission electron microscope (TEM) analysis for asbestos floor tile projects was ignored.  So much for the revised purpose of these rules being to protect public health and the environment by minimizing emissions of asbestos fibers.  Not including TEM analysis for floor tile projects does exactly the opposite of that purpose.  For more information regarding this issue see our Floor Tile Debate blog post.

Friday, November 16, 2018

Local Law 196 of 2017 Deadlines Extended.

On November 8, 2018, New York City Department of Buildings tweeted about extending the deadlines for construction training under Local Law 196 of 2017.  Click here to see the tweet.  This pushes back the training requirements deadline from December 1, 2018, to June 1, 2019.  Currently, to work on most construction projects all that is required is an Occupational Safety and Health Administration (OSHA) 10-hour construction safety course card.  This requirement will continue to be required until June 1, 2019.


After June 1, 2019, construction workers will be required to have 30-hours of training either by taking an OSHA 30-hour construction safety course or by getting 20 additional training hours over the OSHA 10-hour construction safety course.  Those 20 additional training hours must consist of an 8-hour fall protection course, a 4-hour scaffold user course, and an 8-hour site safety manager refresher course.


The next deadline has also been extended to September 1, 2020.  That deadline will require individuals taking the OSHA 10-hour construction safety course to take 30 additional hours of training or those individuals taking the OSHA 30-hour construction safety course to take 10 additional training hours.  For more information click here for the NYC Buildings Department November 2018 Service Update explaining these changes and requirements.

Related Articles:

Wednesday, October 24, 2018

NYC's Department of HPD Proposes Rules to Implement Indoor Allergen Hazards Legislation

The New York City Department of Housing Preservation and Development (NYCHPD) is holding a public hearing on November 2, 2018, to accept comments on a proposed rule to implement legislation regarding indoor allergen hazards.  To find out how to comment on the proposed rule visit NYC's rule website at https://rules.cityofnewyork.us/content/proposed-rules-regarding-indoor-allergen-hazards.  The proposed rules implement Local Law 55 of 2018, enacted by the City Council.  The legislation establishes an owner's responsibility to investigate for and remediate indoor allergen hazards like mold, cockroaches, mice, and rats in multiple dwellings.  The rules provide for work practices to be used by owners in performing the work to remediate these conditions.  The Local Law goes into effect on January 2019.

Green algae in condensate pan

The new rules include several definitions that are interesting:

  • Indoor allergen hazard - means any indoor infestation of cockroaches, mice, or rats or conditions conducive to such infestation or an indoor mold hazard.
  • Indoor mold hazard - means any condition of mold growth on an indoor surface, building structure or ventilation system, including mold that is within wall cavities, that is likely to cause harm to a person or that has been cited as a violation by NYCHPD.
  • Pest -means any unwanted member of the Class Insecta, including, but not limited to houseflies, lice, bees, cockroaches, moths, silverfish, beetles, bedbugs, ants, termites, hornets, mosquitoes, and wasps and members of the Order Rodentia, including but not limited to mice, Norway rats, and any other unwanted plant, animal or fungal life that is a pest because it is destructive, annoying or a nuisance.
  • Underlying defect means a condition that causes an indoor mold hazard, such as a water leak or water infiltration from plumbing or defective masonry pointing or other moisture condition or causes an infestation of pests, including holes or entryway paths for pests.

Mold on a sheetrock wall

These rules require the owner of the building to make an annual inspection for indoor allergen hazards in apartments and common areas of the building.  It also requires the owner to inspect if the occupant informs them that there is a condition in the apartment that is likely to cause an indoor allergen hazard or the occupant requests an inspection or NYCHPD issues a violation requiring the correction of an indoor allergen hazard in an apartment.  The owner is required to fix an indoor allergen hazard in an apartment using safe work practices specified in these rules.  The owner must provide new tenants with a pamphlet developed by the NYC Department of Health and Mental Hygiene.  Prior to new tenant occupancy, the owner is required to fix all visible mold and pest infestations in the apartment, as well as underlying defects using the safe work practices.  The assessments or work regarding indoor mold hazards must be performed in compliance with Article 32 of New York State Labor Law (Mold Licensing and Minimum Work Practices).  It seems to us if this rule goes into effect tenants have another weapon they can use to make sure their apartments are healthy living environments.

Related Articles:

New York City Asthma-Free Housing Act by Jack Springston, CIH, CSP, FAIHA

NYS Department of Labor Publishes Two New Mold Fact Sheets

Asthma Control Study Indicates a Home Visit Strategy is Successful.

New York State Mold Licensing & Minimum Standards Law Is Signed By Governor Cuomo

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

Mold Legislation Threatens Restoration/Remediation Industries


Saturday, September 29, 2018

Future Environment Designs Attends LITE 2018 - What Else Can We Do To Improve Our Offerings?

What has now become the annual trek to Edinburgh, Scotland to attend the Leadership Innovation Technology Evolution (LITE) conference was on September 20 and 21, 2018.  Just like the previous conferences, we came away from this conference inspired to continue to improve on our course offerings and increase the information we provide you.  We will continue to transition to online course evaluations, by using Surfaces connected to the course evaluation system we will go electronic for course evaluations.  We are also in the process of converting the asbestos refresher exams to be online.  That will probably take a while to accomplish, hoping to complete it within the next year.

Vicky Kavanagh of Administrate Discussing the Advantages of Blended Learning

Presentations by Vicky Kavanagh of Administrate, Sandy Rushton of Bright Carbon, and Graham David of Blue Bettle Productions taught us how to improve our presentations and make them more informative and entertaining.  Vicky Kavanagh's presentation helped us to determine what else we can we do with the blended learning environment we created.  Sandy Rushton's presentation taught us how animations in powerpoint presentations can help keep learners focused on the message.  Graham David's presentation encouraged us to ask more questions in our presentations to make it more interactive.  These improvements you will see in the next courses and over the next year.

Sandy Rushton of Bright Carbon Discussing How to Improve Stories
We will be expanding our token program for providing access to additional online training courses, and increasing the topics we cover on these programs.  Starting January 2019, to add value to our training courses every registration will include a Silver Token that will be good for taking one online course and will be good for a year.  Our current online courses include courses on respirators, crystalline silica, asbestos awareness, and New York City asbestos handler/supervisor exam review course.  The next courses we are working on is a New York City asbestos investigator exam review course and a Hazard Communication/Right-to-Know Course.  We hope to have these courses available before the New Year.

#LITE2018 was Inspiring and Informative as Previous LITEs


The #LITE2018 conference helped us learn more about the Administrate program and a new feature coming out down road called Learning Paths may help us develop even more courses.  The end of the first day was the annual Historic Pub Crawl which we enjoyed and included visiting three pubs the BeeHive Inn, Biddy Mulligans, and the Jolly Judge.  All three had old wooden bars that were quite impressive.  More interesting was the ability to drink outside the pubs in the UK, not just in a patio or a beer garden.  The Jolly Judge was in a courtyard where you were allowed to stand outside with your drink and while discussing the day's events.  LITE 2018 was another successful conference and we will be able to continue to expand our offerings because of the Administrate product.  

Pub Crawl was Fun & Good for Networking



Wednesday, September 12, 2018

Future Environment Designs Celebrates 30 Years in Business in October. What the heck is SNUR?


View Do As I Say, Not As I Did by Angelo Garcia III

On October 5, 1988, Future Environment Designs Inc. was founded by Angelo Garcia, III.  When we started the company, our only thought was, considering the companies we worked for, how hard could this be.  Well 30 years later here we are a slightly different focus from when we started, but the same drive of trying to provide the best service we can for our clients.  Since the official date of our anniversary falls when we are in the Plattsburgh area, we are starting the celebration at 4:30 PM on October 5, 2018, at the Valcour Brewing Company, 49 Ohio Avenue, Plattsburgh, NY 12903.  The second date of our celebration will be held at 5:00 PM on October 9, 2018, at Sapsuckers Hops & Grub, 287 Main Street, Huntington, NY 11743.  We hope to see you at one of the events to help us celebrate our 30 Years!

In honor of making it to 30 years, we have written a book called "Do As I Say, Not As I Did - Thinking Of Opening a Business, Some of the Things You Should Consider".  The book is available through Blurb as a hardcover or a pdf.  If you bring the book to one of our classes or one of our Anniversary events, we would be honored to sign it for you.  We wrote this book to discuss our experiences over the 30 years and to provide you with a resource if you ever consider opening your own business.

Over the 30 years, we have seen lots of changes in the industry and outside of the industry.  It is interesting to remember when we started we used beepers and phone cards to stay in communication between the field staff and the office.  Now, most people have cell phones.  We used typewriters to fill out ACP5 forms.  Now, they are done online.  We used to provide students course manuals that were hundreds of pages and took forever to find what you were looking for.  Now the manuals are electronic/digital and you can do a keyword search to find what you are looking for in minutes or even seconds.  But with all this advancement the work still stays the same.  Workers still need to wear respirators to protect themselves, still need to take showers to leave the contamination at the work site, still need to use water to keep dust levels below exposure levels, and create a negative pressure inside the work area to prevent the escape of asbestos fibers from the work area.  So while a lot has changed and a lot has still stayed the same!

When we opened our business doing consulting work in the asbestos industry, we were asked by our mentors and friends why.  Many of them thought or felt all the asbestos will be removed in 5-10 years.  It is interesting that not only is all of the asbestos not removed but, after 30 plus years of wanting to ban asbestos, the Environmental Protection Agency (EPA) instead of an outright ban of asbestos has actually proposed a rule that could allow asbestos to be used in products that they have determined are no longer available.  This proposed rule is called SNUR (Significant New Use Rule).  The rule would require manufacturers and importers to receive EPA approval before starting or resuming manufacturing and importing or processing of asbestos.  Currently, new uses of asbestos were banned under the original Toxic Substance Control Act - Asbestos Ban and Phase Out Rule issued in 1989, though portions were overturned the ban on new commercial uses after August 25, 1989, remains.  Materials not subject to the Asbestos Ban and Phase Out Rule and hence are the subject of this SNUR are:

  • Asbestos arc chutes
  • Asbestos pipeline wrap
  • Asbestos separators in fuel cells and batteries
  • Asbestos-reinforced plastics
  • Beater-add gaskets
  • Extruded sealant tape
  • Filler for acetylene cylinders
  • High-grade electrical paper
  • Millboard
  • Missile liner
  • Roofing felt 
  • Vinyl-asbestos floor tile 
  • Adhesives and Sealants 
  • Roof and Non-Roof Coatings 
  • Other Building Products (other than cement product)
As you may wonder and as many others have, why a SNUR?  Why not a flat out ban?  Why else but to allow asbestos to be used by certain industries, for example, the chlor-alkali industry which currently is the primary importer of asbestos still today!  In 2016, EPA noted that 340 metric tons of asbestos were imported into the United States all of it used by the chlor-alkali industry.  We think the list of materials that are affected by the SNUR is interesting, imagine if they allowed the return of asbestos use in floor tiles, roofing felts, electrical paper, adhesives and sealants and roof and non-roof coatings.  All of these are building materials that would be required to be inspected and determined if they contain asbestos.  If they contain asbestos, they will have to be removed as asbestos-containing materials.  The asbestos abatement industry may never go out of business if that was the case.  So maybe, we'll still be here for another 30 years.  Imagine that!

Friday, August 17, 2018

New York City Adds Training Requirements for Construction Workers

In 2017, New York City's (NYC) Council amended the administrative code of the City of New York and the NYC building code, in relation to construction site safety training.  This amendment is called Local Law 196 of 2017 (formerly known as Intro. 1447).  It amends the administrative code by adding section 22-509 Construction site safety training courses.  Requiring the Mayor to establish by March 1, 2018, a program to provide equal access to construction site safety training.  This law has several deadlines and was established to make sure that construction workers in New York City all had a minimum amount of training.

Properly capped rebar
The first deadline has passed already, beginning March 1, 2018, each permit holder at a building site for which a construction superintendent, site safety manager, or site safety coordinator is required shall ensure that each construction or demolition worker employed or otherwise engaged at such site by the permit holder or performing subcontracted work for or on behalf of such permit holder shall have successfully completed:

  • an Occupational Safety and Health Administration (OSHA) 10-hour class;
  • an OSHA 30-hour class; or
  • a 100-hour training program.
So currently, you need one of the above items to work on most construction projects.  The next compliance date is December 1, 2018 (or if the Building Department publishes a finding that there is insufficient capacity to provide the training required it could push the date back but not later than June 1, 2019).  Permit holders shall ensure each worker has an SST card, a limited SST card or a temporary SST card and each worker who is serving as a site safety manager, site safety coordinator, concrete safety manager, construction superintendent or a competent person at such site shall have an SST supervisor card.

Recent OSHA 30-hour Construction Safety Course
If you are wondering what an SST card, a limited SST card, a temporary SST card, or an SST supervisor card is, well you are not the only one!  First, a Site Safety Training card (SST card) SST card, a limited SST card, a temporary SST card, or an SST supervisor card are cards that are issued by a New York City Department of Buildings Approved Training Provider (which at the time of my writing this, none are approved). 

To get a limited SST card (which expires April 30, 2019, but no later than August 31, 2020) you must have taken one of the following training paths:

  1. OSHA 10-hour class with 20-hours of additional training:
    • OSHA 10-hour
    • 8-hour Fall Prevention
    • 8-hour Chapter 33 (Site Safety Manager Refresher
    • 4-hour Supported Scaffold User
  2. OSHA 30-hour class
  3. 100-Hour Training Program Approved by the Building Department
  4. Prior Experience
    • 4-hour Fall Prevention
    • 4-hour Supported Scaffold User

To get a temporary SST card (which expires after 6 months during which time training must be completed to receive a Limited SST card or SST card) you must have taken an OSHA 10-hour class.

To get an SST card (which expires after 5 years) you must have taken one of the following training paths:

  1. OSHA 10-hour class with 30-hours of additional training:
    • OSHA 10-hour class
    • 8-hour Fall Prevention
    • 8-hour Chapter 33 (Site Safety Manager Refresher)
    • 4-hour Supported Scaffold User
    • 4-hour General Electives
    • 4-hour Specialized Electives
    • 2-hour Drug and Alcohol Awareness
  2. OSHA 30-hour Class with 10-hours of additional training:
    • OSHA 30-hour class
    • 8-hour Fall Prevention
    • 2-Hour Drug and Alcohol Awareness
  3. 100-hour Training Program Approved by the Building Department
  4. Prior Experience
    • 4-hour Fall Prevention
    • 4-hour Supported Scaffold User
To get a Supervisor SST card (which expires after 5 years) you must have taken:

  • OSHA 30-hour class
  • 8-hour fall prevention
  • 8-hour Chapter 33 (Site Safety Manager Refresher)
  • 4-hour Supported Scaffold User
  • 2-hour Site Safety Plan
  • 2-hour Tool Box Talks
  • 2-hour Pre-task Safety Meetings
  • 2-hour General Electives
  • 2-hour Specialized Electives
  • 2-hour Drug and Alcohol Awareness
So that's how you get the various cards required under this local law.  The law doesn't end there.  The next compliance date is May 1, 2019, (or if the Building Department publishes a finding that there is insufficient capacity to provide the training required it could push the date back but not later than September 1, 2020).  By that date, all workers must have an SST card to work on most construction projects.

By the full compliance date, SST Cards & Supervisor SST cards will be required on most construction sites
Since SST Cards and Supervisor SST cards expire after 5 years, applicants must have completed training to renew the cards in the one-year period preceding renewal of the card (in other words if the card expires in December 2020, in the year from December 2019 to December 2020 you need to complete the training discussed below):

  1. SST Card (8 Hours)
    • 4-hour Fall Prevention
    • 4-hour Supported Scaffold User
  2. Supervisor SST card (16 hours)
    • 8-hour Fall Prevention
    • 4-hour Supported Scaffold User
    • 2-hour Tool Box Talks
    • 2-hour Pre-Task Safety Meetings
Local Law 196 of 2017 obviously, creates a minimum training requirement for workers on most construction projects, to visit the NYC Site Safety Training website click here.  Permit holders are required to maintain a daily log that identifies each worker and that includes, for each worker a copy of SST card, a limited SST card, a temporary SST card, or an SST supervisor card or proof of taking an OSHA 10-hour; OSHA 30-hour; or 100-hour training program.  Violations of this law will result in a civil penalty of up to $5,000 per untrained worker to be issued to the owner of the site, the permit holder, and the employer of the untrained worker (this could mean up to a $15,000 fine, based on contract language, to the employer of the untrained worker).  Failing to maintain the log will result in a civil penalty of $2,500.  The gradual phase-in, the list of General and Specialized Elective courses, and the recent release of what it will take to become an approved training provider all seem to imply that the later dates may be the actual dates of implementation.  But of course, time will tell.

Tuesday, July 24, 2018

A Beautiful Day for Fishing at the 5th Annual PACNY Salmon Fishing Pro-Am

As we posted in our last blog post, this summer was going to be busy.  Well, the annual salmon fishing trip was a success, again!  We took the 5th Annual journey to Point Breeze to participate in the Professional Abatement Contractors of New York (#PACNY) Salmon Fishing Pro-Am Derby.  This year 14 boats participated in the derby.  We left from Orchard Creek to fish the Great Lake of Ontario at 6 AM.  As the same as last year, Future Environment Design's (#FEDTC) had the same boat as last year "Catchin Hell" piloted by Captain Tom and First Mate Mike. 

Sunrise on Lake Ontario
 As always, a great big "THANK YOU" to Darren Yehl of Cornerstone Training (CTI) and PACNY for organizing this event.  This event allows us to catch up with many of the PACNY members and see how the year is doing.  Here was this year's line-up of PACNY members and boats:

  • DiVal - Reel Excitement
  • DiVal - Get Hooked
  • Sessler - Intimidator
  • Abscope - Rusty Lure
  • FEDTC - Catchin Hell
  • Rochester Environmental - Irish Thunder
  • CTI - Sunrise II
  • CTI - Legacy
  • NRC - Reflection
  • Paradigm - Free Spirit
  • ECG - Richmond 4
  • AAC - Screaming Reels
  • Aramsco - Runnin Rebel
  • NRC - Troutman

Headin out to Lake Ontario

It was a beautiful day, the Lake was a little rough and because of it, we bounced around a bit on the way out to our fishing spot.  Captain Tom & First Mate Mike did a great job handing us the poles and giving us encouragement as we reeled in our catches.  We stayed on the lake until about noon and then came ashore to weigh our catches and see who won the derby.  After the weigh-in, a catered buffet lunch was provided by the Black North Inn and awarding the trophies/prizes.  This year's winners were:

Dival/Reel Excitement for the Big Fish and the Box
We had a great time, we caught 3 King Salmon and 3 Steelhead Trout.  We are looking forward to some good eating over the year as we usually bring all the fish home to have some over next few days and then freeze the rest to have until next year's catch.  Thank you to Darren Yehl for adding to what we brought home.  We did our special recipe of brown sugar, kosher salt, and scotch whiskey on the fish to have our version of lox and it is delicious!  See below for links to our fishing stories, see you next year!






Tuesday, June 26, 2018

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!

Tuesday, May 15, 2018

OSHA Fines Increase - Silica Rule Enforcement Ramps Up

On January 2, 2018, the Occupational Safety and Health Administration (OSHA) has increased the maximum civil penalties (fines) for serious, other-than-serious, and posting requirements to $12,934, from $12,471.  Failure to Abate violations have increased to $12,934 per day beyond the abatement date from $12,471 and Willful/Repeat violations have increased to $129,336 from $124,709.  These civil penalty increases were mandated by Congress, on November 2, 2015, through legislation that required all federal agencies to adjust their civil penalties to account for inflation.  OSHA increased their penalties on August 1, 2016, the link to our previous blog post discussing that increase is below.  Moving forward, as the legislation requires, the penalties will be adjusted each year based on the Consumer Price index.  OSHA will continue to do penalty reductions based on the size of the employer and other factors.

Properly Using Table 1 Will Avoid a Violation
According to April 24, 2018, article by Bloomberg Environment, OSHA and state programs have cited the silica rule 116 times since September 23, 2017.  With OSHA ramping up enforcement of the respirable crystalline silica rule (1926.1153) incorrectly following Table 1 procedures (cited 27% of the time), and not measuring worker exposures (cited 30% of the time), can result in a serious violation at the cost of $12,934 each.  Not training workers about silica or not having a silica exposure plan may result in other-than-serious violations that could cost $12,934 each.

Using this Equipment, we can Measure Silica Exposures

OSHA's website discussing the increase in civil penalties can be found here.  While the OSHA website discussing the silica rule requirements can be found here.

Monday, May 07, 2018

PACNY's Environmental Conference, Part Three - Bomb Cyclone Hits

Winter Storm Riley at Turning Stone Casino
On the final day of the Professional Abatement Contractors of New York (PACNY) 22nd Annual Environmental Conference, we awoke in the middle of Winter Storm Riley which turned into a Nor'easter and hit Turning Stone Casino between Thursday night & Friday Morning, March 1-2, 2018 with about 7 inches of snow.  Some attendees left before the storm hit putting a further dampener on attendance.  Because of the storm, there was some concern that New York State Department of Labor (NYSDOL) would not be able to attend.  Because of a good Samaritan who helped NYSDOL representatives who were in the area get to the conference and the technological genius of Bob Krell, of Healthy Indoors Magazine, and Kevin Hutton, of Cornerstone Training, Dr. Eileen Franko was also present.

Peter Delucia, of AAC Contracting, discussing Crystalline Respirable Silica
The last day of the conference started with Peter Delucia, AAC Contracting, discussing "Managing the Many Facets of the Silica in Construction Standard."  Mr. Delucia did a great job presenting on topic and provided some excellent references related to preventing exposures, sampling, and complying with the Occupational Safety and Health Administration (OSHA) silica standard 1926.1153.  Mr. Delucia's presentation helped us develop our training courses for silica and our blog post "OSHA's Silica Standard - What's All the Fuss About?, Part Two".

NYSDOL's Presentation with Dr. Franco on Screen

The final presentation of the conference was the managers from NYSDOL, the Director Dr. Eileen Franko, present by video conference; Program Manager of Asbestos Control Bureau, Mr.  James Meachum PE;  Program Manager of Licensing & Certification Unit, Mr. Kirk Fisher; and Program Manager of Engineering Services Unit, Mr. Ed Smith, PE.  Some of the major points included:

  • Mr. Smith, announcing that they are looking into releasing some Fast Track Variances that would speed up the process of filing for a variance.  These variances could be used as they are written with no changes and those could be approved faster.
  • Mr. Smith gave us an update on the changes to Industrial Code Rule 56, including a Senate Bill (S06492) and Assembly Bill (A08254) that would remove the 1974 date from regulation for demolitions.  Mr. Smith also discussed some of the changes to New York City Department of Environmental Protection (NYCDEP) asbestos regulation Title 15.
  • Mr. Fisher announced a change in filing for a mold license for assessment and remediation companies that will require separate applications for a company license and an individual license for owners.
  • After being questioned when the removal of social security numbers from asbestos application process would happen.  Mr.Fisher informed us that would not happen in the foreseeable future.  The system they have is antiquated and there is no funding for updating it.  The system uses social security numbers to identify the holders of the various certificates.
  • Mr. Meachum discussed full-time asbestos project monitoring and the responsibilities of the project monitors being added to asbestos variances.
  • Mr. Meachum discussed the mold fact sheets that NYSDOL developed and they strongly recommend the fact sheets be provided to mold assessment/remediation clients.  In addition, Mr. Meachum announced that the first violations were sent out under Article 32, the Mold Licensing Law.  The violations were for not having a license and performing work and/or advertising as a mold professional. 

Steve Winograd & me at the PACNY Conference 
Attendance on the last day was down but it was still an excellent conference with lots of useful information.  We cannot say this enough about the excellent and hard work that Ms. Deborah Sanscrainte, of Aramsco, the conference chairperson and Ms. Lisa Brown, of Summit Environmental, Administrator put in to make the conference as good as it is.  Congratulations to the PACNY Board, as they continue to show why they are leaders for the abatement industry in New York State.

Sunday, April 22, 2018

PACNY's Second Day, Part Two - A Storm is Coming!

The second day of the Professional Abatement Contractors of New York's (PACNY's) 22nd Annual Environmental Conference started with a continental breakfast in the Vendor/Exhibit Hall at the Turning Stone Casino, which seemed fuller than previous conferences.  Ms. Deb Sanscrainte, of Aramsco & the Conference Chair and Mr. Joseph Cantone, of Colden Corp. & the PACNY President welcomed everybody & gave us opening remarks.

Ms. Reinstein discussing Asbestos Exposure

The first presenter of the day was the keynote speaker Ms. Linda Reinstein, of the Asbestos Disease Awareness Organization (ADAO) and the Global Ban Asbestos Network (GBAN), discussing "Mitigating Asbestos Exposure in the 21st Century."  It was a rousing presentation and very inspirational.  In addition, Ms. Reinstein announced the launch of her new kNOwAsbestos website.  A one-stop resource guide for you to learn about asbestos and what to do about it.  Our next speaker was Mr. Michael Misenhimer, of the Northeastern Subcontractors Association (NESCA).  His presentation was on "The Fight to Get Paid - Practical Strategies for Subcontractors" and included a valuable 11 point hand-out that he was kind of enough to allow us to add to our dropbox folder (under conference presentations) on Future Environment Designs website's resource page.  Mr. Misenhimer's presentation was on the 11 point hand-out that recommended that subcontractors investigate the General Contractor (i.e., credit evaluation); condition your bid on your payment terms, establish entitlement to prompt payment; clarify retainage provisions; use your payment bond rights and other important information on making sure you get paid-in-full.  His hand-out included example letters to use for each of the 11 points.  The end of his presentation brought us to the first break and time in the Vendor/Exhibit Hall.

Mr. Michael Misenhimer & his 11 Point Hand-out
We returned from the break to Mr. Richard Clarkson of the New York State Department of Environmental Conservation (NYS DEC) discussing "Part 360 Revisions and Solid Waste Regulations".  Mr. Clarkson's presentation discussed the definition of friable asbestos; when fill must be tested to be reused; what fill must be tested for to be reused; waste transporter registration; and waste reporting & recordkeeping.  Our next speaker was Mr. Adam Schrader, of Ecospect, discussing "Healthy Basement, Healthy Home".  Mr. Schrader's presentation discussed the multitude of contaminants that exists in the home and the workplace and wicking/capillary action a source of moisture for floors & walls.  After Mr. Schrader's presentation, we broke for a fantastic lunch and more networking opportunities.

Ms. Sheryl Esposito at the FEDTC Booth in Vendor/Exhibit Hall
After lunch, the conference continued with Mr. Tom Stebbins of the Lawsuit Reform Alliance of New York speaking on asbestos litigation, fraud in the litigation arena, and contradictory claims.  Up next was Mr. Bob Krell - PACNY's Media Partner Healthy Indoors Magazine and IAQ Technologies discussing "Avoiding Pitfalls of Mold Investigators & Remediation Projects."  Mr. Krell discussed the limitations of mold air sampling and using relative humidity for mold assessments; and discussed a rough method to determine if a HEPA filter is working utilizing laser particle counters for mold remediation.  Our final presenter for Day Two was Mr. Adam Andrews of the American Council of Accredited Certifications (ACAC) who discussed the "Advantages of Certification for Indoor AIr Quality".  Mr. Andrews discussed the differences between Third-party Accreditation Programs between Council for Engineering and Scientific Specialty Boards (CESB), American National Standards Institute (ANSI), and National Commission of Certifying Agencies (NCCA) and ACAC's Council-certified Indoor Environmental Supervisor.

Adam Andrews Discussing ACAC's Council-certified Indoor Environmental Supervisor
That ended day two of the conference.  After the last presentation, we went to the Vendor's Reception in the Exhibit Hall.  Continued networking in the exhibit hall, spent time with Dr. David Dulford, of CanAm Environmental Safety, Dival Safety Equipment Suppliers; Grayling Industries; Frederico Demolition;  Aramsco; Duke Company; and our good friend and no longer competitor Mr. Steve Winograd, of EMSL.  We also had a great time at Dival's after party!  Day two's presentations provided valuable information that will plan on using in the various courses we offer at Future Environment Designs.  Stay tuned for Day Three as the storm hit Turning Stone that night.

Vendor's Reception in the Exhibit Hall

Sunday, March 25, 2018

Winter Storm Impacts PACNY Conference, Part One.

Turning Stone Lodge before the Storm
This year was the Professional Abatement Contractors of New York (PACNY) 22nd Annual Environmental Conference.  This year's conference was overshadowed by Winter Storm Riley which turned into a Nor'easter and hit Turning Stone Casino between Thursday night & Friday Morning, March 1-2, 2018 with about 7 inches of snow.  Which put a dampener on attendance with only a few Long Islanders making the conference this year.  However, the Vendor Display/Exhibit Hall seemed to have the usual amount of vendors, maybe we even had more than the usual.  This year's schedule was a little different from past years in that presenters were given a little more time for their presentations and more time was given between presentations to spend in the Vendor Display/Exhibit Hall.  As usual the PACNY Board did an excellent job of putting everything together, which special accolades to Ms. Deborah Sanscrainte of Aramsco, the conference chairperson and Ms. Lisa Brown of Summit Environmental, Administrator.

Mr. Meacham discussing the Enforcement Process

The first day, known as Proficiency Workshop day consisted of two presentations the first was Mr. James Meacham, PE, program manager for New York State Department of Labor' (NYSDOL)'s Asbestos Control Bureau (ACB), discussing "Solving the Mysteries of the Asbestos Control Bureau".  Mr. Meacham's presentation went through the process of an inspection, the issuance of a Notice of Violation (NOV), and then continued with the process of resolving the NOV.  His presentation did an excellent job of bringing transparency to the enforcement process.  A key point of Mr. Meacham's presentation, was the response from the contractor (violator) issued the NOV.  Contractors have two opportunities to address a violation, onsite during the inspection and the second time, is when responding to the written violation.  Onsite, if their is no dispute contractors should stop work, fix the discrepancy(ies) and document the actions in the logbook.  If there is a discrepancy, contractors should work towards complying with what can be done, document your position on the deficiency, and document your corrective actions in the logbook.  When a violator receives a violation,  the contractor should review the project with their staff, gather the compliance documentation, and submit a response to the NOV.  This is important part of the process and could go a long way in mitigating violations.

Mr. Meacham discussing the Violation Review Process
The second presenter was Mr. Kevin Hutton, of Cornerstone Training Institute, discussing "Complexities of NYSDOL, OSHA, and EPA".  Mr. Hutton provided a handout called a "Guide to NYS CR56-11.1 In-Plant Operations", this guide provided basic information regarding how Industrial Code Rule 56 handles the requirements for in-plant operations and what Occupational Safety and Health Administration (OSHA) 1926.1101 work practices would apply under in-plant operations.  In addition, Mr. Hutton's presentation, discussed NYSDOL Engineering Service Unit's addition of full-time project monitoring to many variance applications.  The additions have included wording of what the responsibilities of the project monitor are for these variances (since Industrial Code Rule 56, itself, does not provide much information regarding that).  Which brings up the question whether project monitors realize the scope of their responsibilities on such projects.  We suspect not, since we've already seen some project monitors being issued violations for not following the variance requirements.


Mr. Hutton discussing full-time Project Monitoring added to Variances
That ended the first day of presentations, with later that evening the PACNY President's (Joseph Cantone, of Colden Corporation) reception was held, where many of us gathered and discussed concerns regarding the pending storm.  Stay tuned for Part Two the Technical Sessions and the Vendor Reception!