News from PACNY's Environmental Conference

As we previously discussed, I was attending the 12th Annual PACNY Environmental Conference. It was an excellant conference that brought out some new developments in the Abatement Industry. Mr. Christopher Alonge, PE of the New York State Department of Labor, was one of the presenters that most people were anxious to hear from and as usual he did not disappoint the attendees. What has become standard practice at this event Mr. Alonge gave those present some food for thought. First, Mr. Alonge announced a new Petition for an Asbestos Variance Form (SH 752) and the possible release sometime in 2008 of two new variances; "Mechanical fastening of items/components or systems - penetrating through non-friable ACM - Not considered an Asbestos Project" and "Small & Minor Size Asbestos Disturbance Cleanup Projects - to be used for cleanup of all types asbestos disturbances". This new Variance form should be on the DOL website this month (the form is currently on our discussion board website at (http://groups.google.com/group/fed-forum/web/new-petition-for-an-asbestos-variance-form-sh-752). Mr. Alonge also announced a new guidance document (v2.0) that should be on the website in the next few months that will have 120 new questions/answers added. Mr. Alonge is also in the process of working on a new ICR56 that will incorporate some Fire & Life Safety Issues (because of lessons learned at the Deutsche Bank Building tragedy) some examples include the use of fire retardant sheathing, negative air disconnect switch, and maintaining existing fire protection systems.

Another interesting presenter was Thomas V. Roberts, RA from NYS Education Department. Mr. Roberts informed us that NYSED developed "Protocols for Addressing Polychlorinated Biphenyls (PCBs) in Caulking Materials in School Buildings" in June 2007 (http://www.emsc.nysed.gov/facplan/HealthSafety/PCBinCaulkProtocol-070615.html). This protocol is recommending that any school buildings constructed or renovated between 1950 and 1977 and undergoing current renovation or demolition, be evaluated prior to the renovation work to determine whether they contain caulk that is contaminated with PCBs. NYSED would require a PCB abatement plan be submitted with the renovation or demolition drawings addressing the potential environmental and public health concerns in abateing the caulk. If plans are submitted without the PCB evaluation, the plans will be rejected.

Maureen Cox, NYS DOL Director of Safety & Health, presented that DOL has seen a 12% increase in penalties collection this past year and would like to see Senate Bill 372 known as Successor Legislation, pass. The point of this legislation would be to prevent the owners of an asbestos abatement company from closing their business to avoid fines and then open under a new company to continue to do abatement work. The legislation would also increase the penalties and fines issued under the Industrial Code Rule 56.

PACNY introduced the PACNY Asbestos Proficiency Initiative, the purpose of this initiative is to create a certification that will be administered by PACNY that will establish another level of certification specifically for Project Monitors, Supervisors, and Project Designers. To be able to take the computer based certification exam, which will be offered through Slyvan Learning Centers, the individual must show three years of DOH 2832s. The exam will be given in two parts, part 1 will be a 50 question closed book exam and part 2 will be an open book scenario-based questions. PACNY Proficiency Certification (PPC) will require the accumulation of 20 hours of certification maintenance each year and the taking of a refresher exam also at the Slyvan center.

The conference as always was very interesting and exhibit had the usual suppliers Grayling Industry showing off the New Larger Pop-up Decon meeting NYS DOL requirements, and Cole Stanton from Fiberlock Technologies who discussed the revision to the use of chemical tools to the S520 standard from IICRC. IICRC stands for the The Institute of Inspection, Cleaning, and Restoration Certification which publishes the S520 Standard and Reference Guide for Professional Mold Remediation. The new standard which should be out before the end of 2008, basically says that unique circumstances may arise allowing the consideration of antimicrobial coatings, or biocides.

The event is usually held at Turning Stone Casino and it appears that next year's event will be around the same time, we hope to see you there next year.

PACNY - 12th Annual Environmental Conference

One of the more interesting conferences I have attended is the annual Environmental Conference held by the Professional Abatement Contractors of New York (PACNY - http://www.pacny.org/). This year is PACNY's 12th Annual Environmental Conference and as usual the line-up of speakers is impressive. The conference is held at the Turning Stone Resort & Casino in Verona, New York on February 28 & 29, 2008. Featured presenters include Chris Alonge, PE of NYS Department of Labor (writer of the current Industrial Code Rule 56 (the asbestos regulations), Maureen Cox also of NYS Department of Labor (her division enforces the asbestos regulations), David Heckman from OSHA, discussing OSHA Cooperative programs, and Carl Thurnau, PE of NYS Education Department, discussing PCBs and the NYSED. In addition, to presenters the conference also features an exhibitor's area where you can meet the suppliers and manufacturers of abatement and safety equipment. Turning Stone Resort and Casino (http://www.turningstone.com/) is an interesting place to have the conference. A little out of the way for us downstaters but worth the drive (almost 5 hours from Syosset, New York) or you can fly into Syracuse and then drive to Verona (approximately 40 minutes). Turning Stone Resort (the Oneida Indian Nation runs this resort and casino) has several excellant dining areas, has several golf courses, has your typical gaming areas, and entertainment (Country singer Toby Keith is playing there on March 1). But the real reason to go is the Environmental Conference, which is probably the best conference that addresses New York State environmental and safety issues. The presenters are industry professionals or regulators that are deeply involved in the New York State abatement industry. I hope to see you there.

NYS Labor Law 220-H

New York State passed Labor Law 220-H this past summer. This law will go into effect on July 18, 2008 and require all laborers, workers, and mechanics on a public work site show certification that they took a minimum of a 10-hour OSHA (Occupational Safety and Health Administration) Construction Safety Course. OSHA issues the certification cards after successfully completing the course. Future Environment Designs offers the OSHA 10-hour Construction Safety Course in Syosset or at your convenience and then applies to OSHA for the certification cards. The 10-hour course is actually a two-day course, because 10 hours is the total contact time for the course. That means breaks are not included in the 10 hours. Once you add appropriate breaks (lunch, coffee, etc.) into the time that brings the class to approximately 12 hours which is two days of training 6 hours each day.
The regulation applies to all contracts for state or municipality work totaling $250,000 or more for construction, reconstruction, repair or maintenance. It covers all workers on the job, employed either by the contractor, sub-contractor or other person(s) doing or contracting to do the whole or a part of the work contemplated by the contract. The training must be completed before the workers arrive at the job site. The regulation will be enforced by the New York State Department of Labor.
Future Environment Designs will add this class to our schedule to meet the anticipated demand for the class.

Words From The Field

Here in New York State, Industrial Code Rule 56 went into effect on September 5, 2006. New York State has had the opportunity to enforce this regulation for 7 months now. From what we are hearing from the field, NYS DOL inspectors have not been enforcing most of the new parts of the regulation. The inspectors have not looked for the survey report to be at the project site, they have not looked at the footage requirement of the decons, HEPA exhaust units, and/or licensing requirements for the allied trades title. They are looking for the manometer, and the supervisor's logbook. We are also hearing that NYC DEP is using a new enforcement tactic for dry removals. If a contractor is given a dry removal violation by NYC DEP, NYC DEP is referring the information to EPA and EPA is investigating the project for violations and possible criminal charges (see previous posts regarding press releases regarding EPA and Dept. of Justice indictments). So be careful out there, if the local agencies don't get you, the Federal enforcement people might. If the Feds catch you, that can involve not only fines but jail time.