When Do Asbestos Certificates (Hard Cards) Expire Under COVID-19? New Update: No more extensions!

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This question is the overwhelming number one question we at Future Environment Designs (FEDTC) are being asked at this time.  So, to answer this question we must remember that there are two agencies that regulate asbestos licensing and training.  The license (companies are licensed; individuals get certificates) or more appropriately the asbestos certificate (hard card) is issued by the New York State Department of Labor (NYSDOL).  This certificate expires annually on the last day of your birth month.  Currently, NYSDOL is enforcing expiration dates on certificates.  You may continue to work with your existing cards as long as it is not expired.  In addition, NYSDOL is no longer extending the number of days you can work with a DOH 2832 form when you took an initial course.  NYSDOL is allowing you to work with the DOH 2832 form for 45 days.

Hard card with picture (certificate) & Company license

The second agency that plays a part in this is the New York State Department of Health (NYSDOH).  The NYSDOH enforces 10 NYCRR Part 73 Asbestos Safety Program Requirements which regulates the asbestos training providers and also says that the training certificate (the DOH 2832 Form, the piece of paper you get once the class is completed) expires after one year on the date you took the training.  In addition, it has a grace period after that date that lasts a year.  Once the grace period is over you must take an initial course to get another certificate (DOH 2832) for that title.  Realize there has not been any waiver on this issue and so you will need to keep an eye on your training certificate expiration date and make sure you don't go over the grace period.  NYSDOH is now allowing virtual instructor-led courses, see FEDTC's Wednesday, May 27, 2020, blog post on the requirements for that training.  Because of this, there is no need to let your hard card or your training certificate expire.

DOH 2832 Form

Those of you who work in New York City, New York City Department of Environmental Protection (NYCDEP) regulate Asbestos Rules and Regulations, Title 15, Chapter 1 of the Rules of the City of New York.  This regulation also has certificates (NYCDEP hard cards) for individuals who are handlers, handler supervisors, investigators, and restricted handlers.  These hard cards expire every two years based on your birthday (but you must still meet the NYSDOL & NYSDOH requirements of training every year).  NYCDEP is allowing workers whose hard card expired on March 15, 2020, or later to continue to work using their existing card until August 31, 2021.  See NYCDEP's Extension of Asbestos Certification Deadline website for more information.

Hopefully, that answers everyone's questions and we hope to see you in a virtual or in-person class soon.

Difference Between Allied Trades and Operations & Maintenance.

Asbestos Handler Initial Class at IUOE (Photo credit: angelogarciaiii)

Recently, we got a call from a client expressing an interest in asbestos training.  The client being a tradesperson (electrician, carpenter, plumber, etc.) was confused on which training and certificate they should get, either the Allied Trades or the Operations and Maintenance (O&M) Certificate.  Because this client was confused we figured others may be too.  So how do you determine which training/certificate is appropriate?  Well first we need to answer the question will the tradespeople disturb asbestos containing materials (ACM)?  What do we mean by disturb, well let's go the New York State Department of Labor Industrial Code Rule 56 (ICR56) to get the definition of disturb.  "Disturbance means any activities that disrupt the matrix of ACM or Presumed ACM (PACM), or generate debris, visible emissions, or airborne asbestos fibers from ACM or PACM.  This includes moving of friable asbestos containing material from one place to another."
So deciding whether the tradesperson will be disturbing ACM or PACM is the most important question.  The reason for this is that the primary difference between the two titles is that the O&M certificate allows disturbance (for repairs/maintenance that will fit into one glovebag or one tent, that does not exceed 10 square feer or 25 linear feet) and the Allied Trades certificate does not allow disturbance (see Guidance Document page 14, Q/A# 50).
Realize, one of critical points on the disturbance definition is the last sentence "This includes moving of friable asbestos containing material from one place to another."  So, if you have a tradesperson that enters a crawlspace where the dust is contaminated with asbestos, the tradesperson is considered to be disturbing asbestos.  Since the tradesperson is disturbing asbestos he must have an O&M certificate to enter the crawlspace.  This would also meet the training requirements for Class III workers (which are workers who are likely to disturb ACM/PACM in quantities that will fit into a maximum of a 60" waste bag) under the Occupational Safety and Health Administration (OSHA) 1926.1101 asbestos in the construction industry standard.
In addition, the meaning of the Allied Trades Certificate was originally for the purpose of tradesmen who worked with the asbestos abatement contractor to provide the contractor with water for the showers, shut down electric and provide temporary power, and construct the decontamination facility and isolation barriers, to name a few.  The purpose of this trainiing is to train the workers on the dangers of asbestos, respiratory protection, and how enter and exit the work area (another words how to decontaminate themselves in the shower).  The training does not include any abatement or disturbance training because they are not supposed to disturb asbestos.  This certificate/training requirement is not recognized by OSHA under 1926.1101.
For example, the recent violations issued to SMG at Nassau Coliseum included violations for not providing asbestos training for Class III work.  In addition, in a Newsday article on Wednesday, October 7, 2009, Carle Place School District admitted to erring in not hiring a specially licensed contractor to run conduit in their crawlspace.  That license (an asbestos abatement license) is required of the contractor/company performing the work and all the contractor's workers (working in the crawlspace) are required to have a minimum of the O&M certificate.
We hope this will clarify the difference between these two New York State Certificates and help tradespeople determine which certificate/training they should request. 

Related articles

• OSHA Cites SMG For Asbestos Violations at Nassau Coliseum (futureenv.blogspot.com)
• OSHA May Fine Nassau Coliseum for Asbestos Violations (mesothelioma.com)
• Housing authority fined for asbestos job (timesunion.com)
• New York Attorney Says Asbestos is a 21st Century Health Hazard (prweb.com)

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!  

Asbestos Training Providers Slowly Reopen - FEDTC Initial Training is Back!

On Wednesday, June 3, 2020, Karen Cummings, M.P.H., Director of the New York State Department of Health's (NYSDOH) Asbestos Safety Training Program notified asbestos training providers that they were allowed to offer in-person initial asbestos training.  Empire State Development had determined that statewide initial asbestos safety training can begin in-person.  She also notified us that refresher training must remain online/remote until the rest of the education industry is opened (which would be Phase 4).

  

Karen Cummings, M.P.H.

Training providers are required to follow all state and federal requirements on social-distancing, personal hygiene (hand-washing/sanitizer use), face coverings, cleaning/disinfecting, etc.  Training providers are required to check the New York Forward site at https://forward.ny.gov/ for guidance and questions regarding re-opening your business should be directed to Empire State Development.

Future Environment Designs Training Center is working on scheduling an #asbestos supervisor initial course and we already have a mold worker, mold remediation/supervisor, and mold assessment initial course on the schedule starting June 29, 2020.  Visit our website for our current schedule.

New York State Allows Teleconferencing of Asbestos Refresher Courses During COVID-19 PAUSE.

On Friday, May 8, 2020, Karen Cummings, M.P.H., Director of the New York State Department of Health's (NYSDOH) Asbestos Safety Training Program announced that because of the coronavirus (COVID-19) pandemic, asbestos training providers were being allowed to submit for approval their teleconferencing plans for asbestos refresher training courses.

Karen Cummings, MPH, Director of NYSDOH Asbestos Safety Training Program

For a training provider to be considered for teleconferencing, the training provider must already be approved to instruct the discipline.  Providers are expected to use their existing approved curriculum during the course.  Teleconferencing plans must include: 

• The video-conferencing platform they will use.
• How they will verify the identity of participants.
• How will the instructor check to see if students are paying attention?
• How will the instructor handle students who are distracted or engaging in unrelated activities?
• What type of participation will the instructor require from the students?
• How will the instructor check to see if students return from breaks?
• How will the instructor handle students being late, either at the onset of class or when returning from breaks?
• How will examinations be administered?
• How will DOH-2832 certificates be issued?

The teleconferencing plan must meet and answer these questions.  In addition, the plan must meet these general requirements:

• Must be an existing provider with an approved asbestos safety curriculum for the discipline to be taught. Only approved training course material can be utilized during the course. Course material normally distributed in class must be made available to the student either by mail or email prior to the class.
• All requirements for courses remain for notifications, revisions, cancelations, maintaining paperwork, etc.
• The student information memo needs to be provided to the student. The student must return the signed document to the provider (via email is acceptable).
• Rosters shall be submitted with students’ names and DMV numbers, along with proof of attendance and identity, and the signed student information memo for each student listed on the roster.
• All participants must have a good internet connection.
• Each student must sign in to the teleconferencing platform individually.  Multiple students cannot share a sign-on.
• All students and the instructor must have video capability. The student must remain visible to the camera during all instruction.
• The entire training session must be recorded and be made available to the NYSDOH upon request.  Students must be made aware they are being recorded.
• The NYSDOH must be given call-in information for the class
• Participants must attend the session in its entirety.  They cannot “arrive” into the online session late and they must return from breaks on time. If they arrive to the course late, they cannot be admitted into the course.  If they do not arrive back from break on time, they cannot continue the course. No make-up time will be allowed.
• Participants cannot have distractions (people and pets interrupting, television on, excess background noise, etc.).
• During instruction time, students may not engage in any activities unrelated to the class (for example: talk to people who are not in the class, texting, surfing the internet, playing games on phone, etc.).
• Instruction must include interactive participatory training methods. All students must actively participate in classroom discussions. Providing only a lecture is not permitted.
• Font size must be large enough and easily legible.

Instructor-led Courses are shutdown during the PAUSE

Future Environment Design's (FEDTC's) Teleconferencing Plan was approved.  The week of May 18, 2020, we ran our first virtual instructor-led training courses.  We would like to thank all those who attended the training and followed the requirements.  The requirements above have been underlined for emphasis.  FEDTC is using GoToMeeting as our teleconferencing platform.  In using that platform your attendance is digitally entered on the attendance sheet when you sign-in to the platform and we start the recording at the class start time.  The class session is recorded with all the attendee's audio and video feeds are on the recording.  So individuals must be on camera and signed into the portal once the recording starts (no exceptions!) or they will be locked out of the course, as required by NYSDOH.  As you see above, we are not allowed to have make-up time with these classes.

As for the training materials, and the exams, we've been using Administrate as our Learning Management System (LMS) since 2015.  Many of you have already been accessing the system for the course manual.  Now the exam will be online at that portal, too.  Course evaluations are also online at CourseCheck.com and have been online for two-three years now.

After the PAUSE, expect class sizes to be smaller in larger rooms to allow for social distancing.

Some other points, NYSDOH prohibits training providers from mailing blank DOH2832 forms to students.  The NYSDOH student information sheet is your official signature for the attendance sheets and the provider and NYSDOH copies of the DOH2832 forms.  Training providers will mail the students the completed student and New York State Department of Labor (NYSDOL) copies of the DOH2832 form.  Remember you must sign the NYSDOL copy of the DOH2832 form before sending it with your application, check, and the appendix to the license (child support form).

FEDTC looks forward to being able to provide this service to our clients.  Please remember we can only continue to provide this service if everyone complies with the NYSDOH rules.  All it could take is one person and NYSDOH may decide to discontinue this teleconferencing plan, at any time.

     

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

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!

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!

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!

Our waitress serving "The Gotham" at the TS Steakhouse

Related articles

• Nor'easter hits East Coast, grounds flights and halts trains(bostonherald.com)

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• Bombogenesis turns winter storm Riley into a monster as it batters US coast(telegraph.co.uk)

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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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• 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!

Day Three of the Professional Abatement Contractors of New York's (PACNY's) 21st Annual Environmental Conference started with Mr. Angelo Garcia, III's, of Future Environment Designs, Inc, presentation "Changes Are A Coming."  Our presentation can be found in our dropbox folder under conference presentations.  We discussed the many changes that will affect the abatement/restoration industry including the Environmental Protection Agency (EPA) (the new Director and Toxic Substance Control Act (TSCA)); Occupational Safety and Health Administration (OSHA) (the new Director, Silica, Beryllium, Safety & Health Programs, Recordkeeping & Reporting Requirements; & the increase in penalties); New York State Department of Labor (NYSDOL) proposed asbestos regulation changes to Industrial Code Rule 56; and changes coming from NYSDOL on the mold regulation (Article 32).  Our presentation, was videotaped and is attached below. 

The DiVal Safety Equipment Hospitality Suite caused a few late comers on Day Three

The next presenter was Mr. Jack Springston, of TRC Environmental, discussing "Mold Clearance Testing - The Good, The Bad and The Ugly."  Mr. Springston's presentation discussed all the different sampling methods for mold from spore traps (has a capture zone that collects air about the size of a golf ball), particle counters (not specific), Environmental Relative Moldiness Index (ERMI) (still under research) and culture plates (tried and true method).  In addition, he discussed the variability of data from certified laboratories and the interpretation of the that data.

Mr. Jack Springston, of TRC Environmental

After Mr. Springston's presentation, we took one last break in the Exhibit Hall to network with exhibitors Admar Construction Equipment & Supplies and Paradigm Environmental Services.  Our staff, Ms. Kimberly Granmoe, Ms. Sheryl Esposito, and I would like to thank all of you who visited our booth this year.

Our Booth, Sheryl Esposito, Kimberly Granmoe, Veronica & Angelo Garcia III

  The NYSDOL Round Table as usual is the highlight of the PACNY Environmental Conference.  Having NYSDOL regulators at the conference allows for questions and answers that can be timely and very useful.  The panel consisted of Dr. Eileen Franko, Director-Division of Safety and Health, Mr. Ed Smith, P.E., Engineering Services Unit, Mr. Kirk Fisher, Licensing & Certification Unit, and Mr. James Meachum, P.E., Asbestos Control Bureau.

Dr. Franko, Mr. Smith, Mr. Fisher, & Mr. Meachum on the Dais, Left to Right

This year's presentation they came armed with alot of information that was very useful.  They presented an update on the mold regulation from 2016 including the number of complaints (40), the number that was related to issues NYSDOL could address (16), while the remainder was outside of their jurisdiction (24).  The number of mold training courses held in 2016 were 31 assessor (1348 attendees), 26 remediation (1,668 attendees), & 32 worker courses (2,284 attendees).  There are 553 mold assessor companies (451 individuals); 526 mold remediation companies (526 individuals); 910 mold supervisors; and 1,941 mold workers.  Compare that with the 21,237 asbestos handling certificates, and 1,539 asbestos handler licenses (companies).  In 2016, NYSDOL conducted 2,457 asbestos inspections, and resolved 494 cases with 1,094 violations.  The top violations include:

Discussing Top Ten Violations

• Asbestos Survey Required; 
• Certification & Training Required; and 
• Licensing Requirements and Procedures      

As many of you know, our biggest complaint about NYSDOL is that they don't do enough to go after companies that do asbestos without an asbestos survey, an asbestos license, and asbestos certified workers.  These three were the top three violations issued by NYSDOL, which means we say BRAVO!  NYSDOL keep up the good work!  It was interesting to us that one of the top ten violations was not having a manometer or working one (this piece of equipment literally can be purchased for about $30-50, the fine can be $5,000).  One of the biggest issues discussed was the need for a mold rule and at this point NYSDOL does not see the need for a rule.  After some questions and answers the conference ended with lunch.  This year's conference definitely seemed more technical than previous years.  As a trainer, this year's conference has provided significant information to bring back to our classes and provide to our attendees.  We look forward to seeing your next year, which Future Environment Designs will be celebrating 30 years in business.   

In the past week, NYSDOL announced the training requirements for mold refresher training.  All mold licensees will have to take a 4-hour refresher course to renew the licenses.  We are currently working on the submittal to become approved for these courses.  Below is the video from our presentation from the conference.

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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)

Related articles

• How New Year's Eve is celebrated in 7 different countries(businessinsider.com)

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Future Environment Designs Attends the LITE 2016 Conference & Is Inspired!

On September 23-24, Future Environment Designs (FEDTC) attended the Learning, Innovation, Technology, Evolution (LITE) 2016 Conference held in Edinburgh, Scotland.  This was the first year we attended this conference and it probably won't be the last.  The conference is run by Administrate, which is the company now handling our training and customer administration.  We were also invited to be on a customer panel during the conference, which we will discuss further below.  What attracted us to the LITE conference was the ability to learn more about the Administrate program and meet others who are using the program.  Not only did the conference and workshops deliver on that goal, it far exceeded our expectations.  Several of the conference speakers were absolutely inspiring and made us realize the good work being done out there to assist those less fortunate.

The Scotsman Newspaper Article LITE 2016 

Day one of the conference started with Mike McGrail (@Mike_McGrail), Marketing Director for Administrate, doing the opening and introduction.  We met Mr. McGrail previously, when we first were considering to sign-up with Administrate, we met with him and our current rep Natasha Serafimovska and then met again at a cocktail/dinner party held for those presenting and on the customer panels at Brasserie Les Amis (the food was awesome!).  Mr. McGrail is quite entertaining and very proud of his Scottish heritage (yes, he wore a kilt!).  The first speaker was Gavin Oattes, MD of Tree of Knowledge, his presentation "How do you Fit a Giraffe in a Fridge?" really was mind opening and created a pathway for a different frame of reference.  Nicki Turing & Edmund Pinto, of the Alan Turing Trust, discussed how providing used computers are helping educate students in Ghana.  Joe Harb, of Interactive Life, discussed "Personalised Education Using Technology:  From Corporate to Refugees" and how to personalize education for corporations to help expand borders and for refugees who feel left behind.  John Bendel, of Lingo 24, discussing "The Need for a Multi-language Approach" and the importance of training materials to be in multiple languages (only 9% of the world speaks English, something to really consider as a training business).  The first customer panel included Deborah Fyfe of IA Seminars, Kevin Streater of ForgeRock, & Mathew Channell of Training South Wales, and was moderated by Richard Cassidy, Director Sales for Administrate.  The panel discussed the challenges in their training business and how technology was bringing success to their businesses.  Mike McQuaid of GitHub, spoke on "Remote Working: What, Why and How?"  His speech described the various benefits of working remotely; productivity increase, happy employees, & saving the planet to name a few.  John Peebles the CEO of Administrate spoke on "Creating the Ultimate Human Organisation" and discussed how they have gone to a 4-day work week.  The final speaker on the first day was John Romero, Creator of Legendary Video Games, who spoke on "The Value of Games in Education."  The day ended with a Pub Crawl (our crawl included The Blind Poet, the Potting Shed, and the BeeHive Inn) that ended at Administrate HQ (drinks & pizza!).  The lunch was catered by Regis Banqueting and it was fantastic, we had the Lamb Tangine!  We went to several workshops and support sessions also being held during the conference.

John Romero Speaking at LITE 2016

Day two started with Olivia Giles of 500 Miles, telling us her story of how she had to face change in her speech "The Challenges and Opportunities of Change."  Olivia Giles survived the blood poisoning form of meningitis by having both her lower legs and both her lower arms amputated.  She has since founded the charity 500 Miles which helps disabled people in Malawi & Zambia who have lost limbs or the use of limbs to enjoy maximum mobility and body function by helping them gain access to artificial limbs and limbs supports.  If we weren't already inspired from the first day of speeches, this speech sent us over the top!  Kevin Streater of ForgeRock had the unenviable task of following Olivia Giles and did an excellent job of maintaining the enthusiasm with "How Administrate Changed Our Training Business."  Definitely caught our attention with the ability to triple his business without increasing staff.  Suzanna Doyle-Morris of inclusIQ, discussing how they use blended learning to train people on inclusion & diversity, was the next speaker.  Mike McGrail of Administrate next discussed "The Importance of Personas in Understanding Your Customer" and how that effects marketing.  Up next was Dr. Kathryn Waite of Heriot-Watt University speaking on "Digital Empowerment."  Next we had the honor and pleasure to sit on a customer panel with Anna Hastie of University of York, and Steve Booker of Kentec Training (his company's story on Administrate convinced us to sign up).  Visit the LITE 2016 Speakers site to see the customer panel we were on and our discussion about our challenges and technology.  After the panel, Kasper Spiro of Easygenerator spoke on "User Generated Content: The Next Trend" and the conference ended with an inspirational talk "Reaching for the Stars" by Graham Obree - Record Breaking Cycling Legend.

Graham Obree Speaking at LITE 2016

Their were several emotions we experienced during this conference; overwhelmed, amazement, excited, hopeful, inspiration, and empowered.  The main thing this conference did for us was made us realize how powerful a tool the Administrate program is.  We are hopeful & overwhelmed with the capabilities of this program.  We are excited and amazed on the value we could add to our customers training experience.  Most importantly we feel this program will empower and inspire us with the ability to increase our business, increase our reach to more customers outside our current territory, and Keeping More of Your Employees Safe!
        

LITE 2016 was held at The Assembly Roxy  

Related articles

• Another Great Conference! PACNY Does It Again! - Part One(futureenv.blogspot.com)

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• Another Great PACNY Conference - Part Two(futureenv.blogspot.com)

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