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Showing posts with label Insurance. Show all posts
Showing posts with label Insurance. Show all posts

Wednesday, May 03, 2023

PACNY's 26th Annual Environmental Conference - NYSDOL Entertains on the First Day and Then Drops a Bombshell on Second Day! - Part One.

Future Environment Designs Training Center (FEDTC) was a Sapphire Sponsor for the Professional Abatement Contractors of New York's (PACNY's) 26th Annual Environmental Conference held at Turning Stone Resort & Casino in Verona, New York.  The two-day event featured several presentations that were noteworthy and a presentation by Mr. David Ramos, Safety & Health Inspector from the NYS Department of Labor (NYSDOL), called "Common ICR 56 Violations" had the audience in stitches.  

Our booth in the Vendor Exhibit Hall

This year PACNY tried a new format for the morning & early afternoon sessions on the first day Thursday, March 16, 2023.  Side-by-side presentations (or two tracks though it was hard to discern if each track had a theme).  Because of some issues with Turning Stone the Onondaga Room was smaller than it was supposed to be.  The two-track presentations did require us to go back and forth between the two rooms to gauge the presentations for those following us on Twitter (#FEDTCPACNY).  It was interesting that the smaller Onondaga Room worked out for the presenters in that room since it seemed a smaller number of attendees still made the room seem fuller.  In the morning session, the presentation by Mr. Peter DeLucia, Director of Safety of the Riedman Companies and President of the Environmental Information Association (EIA)  "Exposure Assessments: The First Step In Compliance" had us again utterly confused with the Occupational Safety and Health Administration's (OSHA's) position on respirator use for asbestos.  Based on his presentation and reference material he presented OSHA does not recognize hoods or helmets even when their protection factor exceeds the required protection factor for the exposure assessment or monitoring.  This would imply then that individuals who cannot shave for whatever reason could not work in the asbestos industry.  Sounds like another blog post for the future.  Mr.Chris Alonge, Senior Engineer for the Dormitory Authority for the State of New York (DASNY), presented on "Managing Typical Regulated and Hazardous Wastes Generated on Abatement/Remediation Projects in NYS" a timely presentation considering all the talk lately about Polychlorinated Biphenyls (PCBs) in asbestos materials, like mastic and caulk, and how to handle universal wastes.  In the early afternoon sessions Lisa Rogers, President of Mycometer, presented "One Data Point Isn't Enough! The Fungal to Allergan Index, A New Diagnostic Concept" which discussed how air sampling using the Mycometer could assist in diagnosing mold issues strongly recommend those in the indoor air quality/mold industry look into this, and Brent Kynoch, Managing Director, EIA presented on "Environmental Trends Throughout the US" discussing the potential federal asbestos ban and different state regulations for environmental (lead, etc.) and mold regulations. 

Mr. Peter DeLucia, Director of Safety of the Riedman Companies and President of the Environmental Information Association (EIA)  "Exposure Assessments: The First Step In Compliance"

Other presenters and their topics included:

  • Ms. Donalea Maloney, OSHA Compliance Assistant Specialist - "All About OSHA, OSHA Update, and A Heat Stress Enforcement Case." 
  • Ms. Michelle McGowan, EMSL's VP Asbestos Division - "Bridging the Gap Between Field Sampling & Laboratory Analysis
  • Ms. Maddie Davis & Lauren Battagllia, Livingston Associates - "Engage to Retain: How Fostering Employee Engagement Can Help Reduce Turnover"
  • Alex Dell, Esq., Law Firm of Alex Dell, PLLC - "What Your Injured Employee Thinks Of You, Navigating the NYS Workers' Compensation Law and Related Benefits".  Saw his presentation at the North Country Chamber of Commerce's 2022 Business Expo and it provided good information and was very interesting.  A side note - Save the Date for the North Country Chamber of Commerce 2023 Business Expo & Conference is on Thursday, June 8, 2023, at SUNY Plattsburgh Angell Center.
  • Michael A. Pinto, CEO, Wonder Makers Environmental - "The Ins and Outs of the EIA's Mold Guide"
  • OneGroup - Brett Findlay, John Schmidtt, Michelle Namisniak, & Paul Coderre - "Where to Focus Your Efforts in Controlling Insurance Costs"
  • Nicole Henry - Business Development Representative, CompanyCam - "A Better Way to Survey; Gathering and Sharing Data More Effectively"
  • Jacob Hutton, Architectural Designer, CPL & Kevin Hutton, President & CEO, East Centers of NY - "Blueprint Reading 101: For Environmental Projects"
Ms. Michelle McGowan, EMSL's VP Asbestos Division - "Bridging the Gap Between Field Sampling & Laboratory Analysis

For the remainder of the afternoon, it returned to a one-track format finishing with Stefan A. Borovina, Esq., from Goldberg Segalla, presenting "How to Avoid OSHA Citations and Create a Safer Worksite".  Being prepared was a big part of his presentation on how to avoid OSHA citations including preparing your employees to be interviewed by OSHA.  

David Ramos, Safety & Health Inspector from the NYS Department of Labor (NYSDOL), called "Common ICR 56 Violations"

Mr. David Ramos' presentation "Common ICR 56 Violations".  Mr. Ramos' presentation showed us what some contractors and consultants try to get away with during asbestos abatement projects.  Some of the violations were so bad they were very funny.  That presentation put everyone in a good mood for the Happy Hour in the Mohawk Room - Presented by Aramsco.  Stay tuned for the second day!  




Monday, January 14, 2013

What Out-of-State Employers with Employees Working in New York State Need to Know.

We received a recent newsletter from Dan Borgna at the Dale Group.  The newsletter discussed the Workers Compensation/Disability requirements for out-of-state contractors.  We found it very interesting with permission from Mr. Borgna of the Dale Group (Thank you for allowing us to reprint it) here is the newsletter post:  

 
If you have no office location in New York, but have employees on site in NY, this article is important to your business.

New York State workers' compensation insurance covers employees for work-related accidents, injuries or illness.   
As part of the 2007 Workers' Compensation Reform Legislation, all out-of-state employers with at least one employee working in New York State will be required to carry a full statutory New York State workers' compensation insurance policy. The workers' compensation insurance policy must be effective no later than the first day you have employees working in NY State.  

Misconception - "I have all states coverage listed in section 3.c of my home state workers compensation policy".
Reality- As part of the reform, having "all states" in section 3.c is no longer valid. "NY" must be specifically listed in section 3.a of the workers compensation declarations page or endorsement. 
Penalties - Failure to maintain this coverage can result in the following: 

1.     Failure to carry Workers' Compensation Insurance for more than 5 employees within a twelve month period is a class E felony and is punishable by a fine not less than $5,000 nor more than $50,000.

2.     For 5 or less employees within a twelve month period, it is a misdemeanor punishable by a fine not less than $1,000 nor more than $5,000.

3.     Subsequent convictions within a 5 year period shall constitute a class D felony and fines not less than $10,000 nor more than $50,000.

4.     Any employer who fails to maintain a workers' compensation policy when it is required or owes a fine or assessment to the Board may be issued a stop-work order, meaning the business must shut down all activity until the order is lifted.

5.     A penalty in the sum of $2,000 for each ten-day period of non-compliance or a sum not in excess of two times the cost of compensation for the period of such failure may be imposed 

DISABILITY BENEFITS INSURANCE REQUIREMENTS
NY State statutory disability benefits (DB) insurance coverage is totally different from and is not included in NYS workers' compensation insurance coverage. Statutory NY State disability benefits insurance covers employees for off-the-job accident, injury or illness.
If you have one or more employees for 30 days in a calendar year, you are required to obtain NYS disability benefits insurance coverage. Such insurance must be effective no later than four weeks after the 30th day you have employees.  

Penalties under the Disability Benefits Law 

1.     Failure to carry Disability Benefits Insurance is a misdemeanor punishable by a fine of not less than $100 nor more than $500 or imprisonment for not more than one year, or both, with increased monetary penalties for second and third or subsequent violations, and

2.     Where an employee of a non-insured employer is disabled due to an off-the-job injury or illness, the noninsured employer will be responsible for payment of the amount of benefits to which the employee is entitled or for payment of 1% of his/her payroll for the period of non-compliance, whichever is greater. And

3.     Where an employer fails to carry Disability Benefits Insurance, the Chair will impose a penalty not in excess of ½ of 1% of the employer's weekly payroll for the period of non-compliance and a further amount not in excess of $500 

Employees traveling through the State not stopping for deliveries, pick-ups, or other work are not deemed to have worked a day here. An employer that has reason to know that it will meet these criteria in the current year, even if it has not done so in the prior year, must obtain the required coverage.
For a complete description of the Form and Regulation, please visit the following link at the New York State Workers Compensation Board.

http://www.wcb.ny.gov/content/main/forms/oc923.pdf 

If you are concerned that your company may not be compliant, please contact Dan Borgna at Dale Group (973)437-9664 or danb@dalegroup.com who will be happy to discuss the matter with you.
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Monday, October 31, 2011

October 31, 2011 Is FEMA's Registration Deadline

It is important that residents in Nassau & Suffolk County who have been impacted by Thunderstorm Irene register for FEMA aid as soon as possible.  October 31, 2011 is FEMA’s registration deadline and registrations cannot be accepted after the October 31, 2011 deadline. "Registration keeps open the possibility of a wide range of assistance," said Philip E. Parr, FEMA Federal Coordinating Officer. "If your insurance coverage comes up short, or other damage appears later, you need to be registered with FEMA to be considered for disaster assistance."
Map of regions of the Federal Emergency Manage...Image via Wikipedia
The following list is a sample of the assistance available through FEMA:
Temporary Housing: (a place to live for a limited period of time): Money is available to rent a different place to live, or a government provided housing unit when rental properties are not available. 
Repair: Money is available to homeowners to repair damage from the disaster that is not covered by insurance.  The goal is to make the damaged home safe, sanitary, and functional.
Replacement: Money is available to homeowners to replace their home destroyed in the disaster that is not covered by insurance. The goal is to help the homeowner with the cost of replacing their destroyed home.
Permanent/Semi Permanent Housing Construction: Direct assistance or money for the construction of a home.  This type of help occurs only in insular areas or remote locations specified by FEMA, where no other type of housing assistance is possible.
Other Needs: Money is available for necessary expenses and serious needs caused by the disaster. This includes medical, dental, funeral, personal property, transportation, moving and storage, and other expenses that are authorized by law.
To register, call the FEMA Helpline at 800-621-3362.  Phone lines are open from 7 a.m. to 10 p.m. ET,
seven days a week until further notice.  People with hearing disabilities can use the TTY number, 800-462-7585.
Applicants can also register online at www.DisasterAssistance.gov or with any web-enabled mobile device or smart phone at m.fema.gov. Follow the link to "apply online for federal assistance."
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That Time of Year! Conferences, Posting Requirements, and OSHA Violations Increased!

It's that time of year again. We're between conferences.  February 15-16, 2024 was the Professional Abatement Contractors of New Yor...