Future Environment Designs Training Center specializes in asbestos, indoor air quality, industrial hygiene, and occupational safety training programs. We offer New York State asbestos and mold certification courses. We design, develop, and maintain the various indoor air quality, asbestos, and safety programs that are Keeping Your Employees Safe.
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Showing posts with label Category II nonfriable asbestos. Show all posts
Showing posts with label Category II nonfriable asbestos. Show all posts
On Thursday, February 27, 2020, Ms. Deb Sanscrainte, of ARAMSCO and the conference chairwoman, and Timothy Thomas of Tetra Tech and President of PACNY, opened the second day, known as the Professional Day, of the Professional Abatement Contractors of New York's (PACNY's) 24th annual Environmental Conference, being held at the Turning Stone Casino in Verona, New York. Attendees expected a full day of presentations ending with the Conference Sponsors Reception. Presentations from the conference can be found on PACNY's website. The Professional Day of the conference includes the opening of the Vendor Exhibit Hall with a continental breakfast and 30 vendors attending the conference, an increase from last year! See the reception video to see the various vendors!
The keynote speaker for the conference was Ms. Luann Meyer, Solid Waste Administrator for Monroe County Department of Environmental Services, speaking on "Recycling-The Long and Winding Road". She discussed that most counties have fact sheets to know what is or aren't recyclable or you can tell by the shape of the container. She also discussed the New York State's plastic bag ban that went into effect March 1, 2020, all single-use plastic bags have been banned. Paper bags are not part of the ban and all stores that collect sales tax are impacted. Our next speaker was Jack Snider III, President & Sr. Consultant of AMRC Environmental Services, speaking on "Take Home Asbestos Exposure". Mr. Snider discussed the asbestos abatement illusion regarding the decontamination of the workers. He stated that workers, in Florida, during the removal of the floor tile, mastic, and other non-friable asbestos-containing materials (ACM) typically wore street clothes into the work area, and they are not showering nor vacuuming themselves/their clothing upon exiting the containment. If showers and vacuums are provided the showers are not connected nor attached to the work areas. When questioned why the workers did not decontaminate or wear proper personal protective (PPE) common responses included "the air samples did not show elevated fibers"; "It's floor tile"; and "I have been doing this longer than you!". The presentation then went into how he collected his samples using the American Society of Testing and Material (ASTM) standard D5755-09 microvacuum sampling method to collect several samples from workers, their clothing, vehicles, and surface areas after clearance of the work area was conducted. Findings from his study suggest asbestos abatement workers are bringing home significant amounts of asbestos fibers from these types of projects. The presentation was eye-opening!
Ms. Luann Meyer Discusses Recycling
After a break in the Vendor Exhibit Hall, the presentations continued. Similar to the first day of the conference, the next two presentations and the last presentation of the day awarded continuing education points for architects and engineers attending the conference. These points were awarded by the American Institute of Architects (AIA) and were coordinated by Kevin Hutton, of the Rochester Colonial Manufacturing Corp. The presentations awarding these points were Martin S. Rutstein, Ph.D. & Marc E. Rutstein, CAI, Presidents of Ecological Consulting & Management Services, Inc., discussing "Regulations - How did we get here and Where are we going?"; Sean Miller's and Mike Mazzara's, of Genesee Environmental, LLC, presentation included information provided by Stephen R. Gheen, PE, of Gheen Engineering (who could not present due to illness), on "Mercury in Sports Floors, Regulatory Guidance, Remediation, and Disposal"; and Joseph Cantone, of Colden Corp., Sean Hart, of Energy & Environment, and Peter Delucia, of AAC Contracting, presentation "Asbestos Surveys: The Good, The Bad, and the Ugly".
The Rutstein's presentation talked about the asbestos regulations and some advice for asbestos professionals - plan the job-take a fresh look, hire good staff (exert oversight of site staff), maintain required records, and plan for unexpected contingencies! Mr. Miller's and Mr. Mazzara's presentation on Mercury in Sports Floors was a deep dive into mercury remediation regulations, guidelines, and the disposal process. An important point made in the presentation was how it was different from an asbestos job. In addition, Mr. Mazzara's section on mercury waste handling, transportation, and disposal provided a lot of information on handling hazardous wastes.
Sean Miller Discusses Its Not An Asbestos Job
Mike Mazzara Discusses Mercury Waste Handling, Transportation & Disposal
After a lunch break and time spent in the Vendor Exhibit Hall, the next presenter was Jennifer Kavney Harvey, Esq., Partner of Coach White, LLP, discussing "NYS WBE/MBE Requirements". Ms. Harvey's presentation pointed out that spending in the last nine years for Minority-owned and Women-owned Business Enterprises (MWBEs) has increased by 25 times (in dollars) while the number of MWBEs has increased by 18%. In addition, she discussed the Governor's 2014 press release increasing the statewide composite goal to 30% without a disparity study basis, modifying the Executive Law, or modifying the MWBE regulations. Most goals from 2014 to the present were 30%. After a short break in the Vendor Exhibit Hall, the next presenter was Karlee Bolanos, Partner at Bolanos Lowe PLLC, discussing "Understanding Your NYS Sexual Harassment Prevention Obligations". Ms. Bolanos discussed Sexual Harassment Prevention requirements that were effective October 9, 2018, that included a New York model policy that at a minimum must prohibit sexual harassment; provide examples of prohibited conduct; include information concerning the federal and state laws; include a statement regarding applicable local laws & contacting law enforcement; include a standard complaint form: include a procedure for the timely and confidential investigation of complaints and due process for all parties; include information about rights of redress; clearly state that sexual harassment is considered a form of employee misconduct; and clearly state that retaliation against individuals...is prohibited. She also discussed recent changes that were effective October 11, 2019, regarding behavior beyond a "petty slight" or "trivial inconvenience" that may be illegal.
Jennifer Kavney Harvey, Esq Discusses MWBE Spending & Utilization
Karlee Bolanos discussing Sexual Harassment Law
The final presentation of the day was Joseph Cantone, of Colden Corp., Sean Hart, of Energy & Environment, and Peter Delucia, of AAC Contracting, discussing "Asbestos Surveys: The Good, The Bad, and the Ugly". Obviously, their presentation was broken into three sections with Mr. Cantone talking about good asbestos surveys, Mr. Hart talking about bad asbestos surveys, and Mr. Delucia talking about ugly asbestos surveys. The day ended in the Vendor Exhibit Hall with the Conference Sponsors Reception, which included Hors d'oeuvres, food, and an open bar. The after-party at Dival's Safety Equipment's hospitality suite allowed for more time to network and discuss the presentations of the past two days! All the presentations were excellent and provided very useful information for those who attended the conference. Looking forward to day three and the New York State Department of Labor Panel!
On Saturday, March 10, 2010, Mr. Carl MacGowan of Newsday wrote an article regarding the demolition jobs that will be created by National Salvage & Service Corp. the winner of the Kings Park Psychiatric Center bid. As we discussed in a previous blog post, we are concerned about whether this contractor understands New York State laws regarding labor, asbestos, transportation, and insurance.
This equipment could be used to tear down buildings.
The article states that National Salvage is expected to employ about 65 people to demolish 15 buildings and is unsure how many of those jobs would be going to local people (even if those jobs go to out-of-state people they would have to be paid prevailing wage as per New York State laws). In addition, National Salvage anticipates using local subcontractors for work such as security, surveying, and removing asbestos and hazardous materials. They will also be subcontracting 20% of the work to businesses owned by minorities and women.
Even with all of this we still say, the devil will be in the details. We have discussed this project in several classes, and the concensus in our classes is it will be interesting to see if the project remains at $6.4 million or will the change orders and extras bring the project closer to the $15 million budget or exceed it?
We recently received a copy of the range of bids on the Kings Park Psychiatric Center project. Though the low bidder is under the budgeted amount of $15 million (see Newsday article), the spread between them and the next bidder is $1.78 million. The spread between the second and third bidder was only approximately $230,000 and the average bid was $13.988 million. This spread and the fact the low bidder is half the average bid may or may not be cause for concern. It is important to remember that lowest bidder must be a responsible bidder. On this point there are two obvious concerns regarding the lowest bidder, first they are an out-of-state bidder (Indiana) and, as of February 21, 2012, they are not a New York State Licensed Asbestos Contractor. Under New York State Industrial Code Rule 56-3.1 (c), "a copy of a valid New York State Asbestos Handling License shall be submitted by the bidder prior to award of any contract all or part of which involves an asbestos project." At this point, unless the low bidder has a subcontractor doing the asbestos work involved with this contract, they cannot be awarded bid. In addition, out-of-state contractors always cause worries because it brings up questions like:
Do they know New York State is a prevailing wage state (meaning you must pay workers on the project the prevailing wage rate for Suffolk County based on their job classification)?
Do they know that New York State has asbestos regulations that are some of strictest in the country?
Do they know that New York State requires all workers, including the operating engineers to have asbestos supervisor or handler certificates?
Do they know that when you do controlled demolition (56-11.5) with asbestos in place in New York State you cannot salvage/recycle/or reuse the building materials, they all (except obvious must be disposed of as regulated asbestos containing materials (RACM)? This means the material have to be hauled by asbestos licensed hauler to an Environmental Protection Agency approved landfill that accepts RACM materials.
Do they meet the insurance requirements in New York State, has their insurance provided riders or attachments for workers compensation and disability?
Controlled Demolition is covered under NYSDOL ICR 56
We have many clients who set-up post bid meetings (some even video tape these meetings) with the contractor and ensure the contractor understands all sections of the contract giving the contractor the opportunity to pull-out of the contract if they missed or misunderstood something. We strongly recommend the designers/owners of this project give this contractor every opportunity to withdraw their bid and make sure the contract is awarded to someone that understands and can meet all the requirements and intricacies of working inside New York State.
One of our regular clients, during a class, provided us with a copy of the article linked to the title above. The title of the article is “End of the Line” by Kent Von Aspern, P.E. Public Works magazine published this article in March 2009. One of the first things we need to note about the article is that the author works in Northern California and we should not take this article as the requirements for every state. Each state may and can handle asbestos in their state differently. For example, the New York State Department of Labor under Industrial Code Rule 56 regulates asbestos cement or transite pipe. Under this regulation, only licensed companies (even a sewage or water district or Department of Public Works are required to be licensed to handle asbestos) can handle any quantity of asbestos containing material (ACM). In addition, only workers/employees certified by NYSDOL as operations and maintenance, handlers, or supervisors can handle ACM. The size projects handled by the workers would dictate which certificate the workers are required to have. NYSDOL does not stop at just licensing and certification requirements it also dictates the work procedures. Under the Guidance Document version 2.0, question 237 indicates the work procedures for cement/transite pipe. It indicates that abandoned asbestos containing cement/transite pipe cannot remain in the trench. According to ICR56 buried asbestos cement or transite pipe must be removed and disposed of in accordance with the Environmental Protection Agency’s (EPA) National Emission Standards for Hazardous Air Pollutants (NESHAPS) regulation as Category II nonfriable asbestos containing material and under New York State Department of Environmental Conservation’s (NYS DEC) asbestos waste regulations. Remember when you read information on the internet or in national magazines or industry publications it is difficult for one author to know all the requirements in each state. Many times the author is writing specifically of experiences they have in their state. That experience many times may not apply in a different state or states.
