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.

PACNY's Environmental Conference Day Three - A NYSDOL Surprises with Fast Track Variances!

The last day of the Professional Abatement Contractors of New York's (PACNY's) 24th annual Environmental Conference was held at the Turning Stone Casino in Verona, New York on Friday, February 28, 2020.  The last day started similar to the first day with opening remarks from Ms. Deb Sanscrainte, of ARAMSCO and the conference chairwoman, and Timothy Thomas of Tetra Tech and President of PACNY.  These remarks included a change in the program because a snowstorm caused the originally scheduled speaker unable to attend the conference.  The beginning presentation was by Martin S. Rutstein, Ph.D., President of Ecological Consulting & Management Services, Inc. discussing talc litigation.  Followed by Brent Kynoch of the Environmental Information Association (EIA) discussing the benefits of joining the EIA.  The Regulatory Day of the conference includes the last chance of visiting the Vendor Exhibit Hall with a continental breakfast and visit the 30 vendors to get a chance to win the vendor gift cards/prizes.

Dr.Rutstein speaking about talc litigation

After the two morning presentations, and a short break in the Vendor Exhibit Hall, the New York State Department of Labor's (NYSDOL's) Panel with a question and answer session began.  The panel included  Dr. Eileen Franko, the Director; Mr. James Meacham Program Manager, Asbestos Control Bureau; Mr. Kirk Fisher, Program Manager, Licensing & Certification; and Mr. Ed Smith, Program Manager, Engineering Services Unit.  Questions and answers session was moderated by Mr. Tim Thomas of Tetra Tech Engineering.

NYSDOL Panel Discussion

The panel started with some opening remarks by Dr. Eileen Franko which included announcing her retirement in March 2020.  Making this the last year she will be on the panel.  Those of us who have gotten to know Dr. Franko through the years will miss her leadership and her willingness to listen to the industry and work with the industry to better things for all contractors and consultants.  As usual, the discussion of a new industrial code came up and it is still being worked on.  Mr. Smyth announced, to everyone's surprise, that they had launched a pilot program for certain site-specific variances (SSVs).  This pilot program is called Fast Track Variances.  These variances are common variances that are issued regularly by NYSDOL.  The purpose of this program is to speed up the review process for these routine variances and reduce the workload.  Currently, SSVs can take two to three weeks to turnaround.  Fast Track Variances can potentially be issued within the same day they are received.  There are 10 Fast Track Variances available and can be found at NYSDOL's Division of Safety and Health (DOSH) Engineering Services Unit's website.  Mr. Meacham discussed enforcement regarding Article 32 the NYS Mold Law.  NYSDOL has received 175 complaints and has issued 30 violations.  Most of the complaints are tenant-landlord complaints which do not apply to the law.

Future Environment Designs was a Gold Sponsor of PACNY's Environmental Conference

Another conference has ended and another successful year for PACNY with over 600 people attending the conference with 30 vendors exhibiting in the Vendor Exhibit hall both increases versus last year.  Though we are happy for Dr. Franco and wish her all the best, the industry will miss her.  Though she does leave us with a solid group of professionals running the various divisions that matter to the asbestos and mold industries.  Hope to see you next year!  

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

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

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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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