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!  

NYS Department of Labor Publishes Two New Mold Fact Sheets

Since January 1, 2016, New York State Department of Labor (NYSDOL) was designated the responsibility of enforcing the New York State Mold Law, Article 32 "Licensing of Mold Inspection, Assessment, and Remediation Specialists and Minimum Work Standards."  Reading Article 32 is like reading stereo instructions (dating ourself on that one), somethings are very clear while others contradict each other, especially in the sections on the minimum work standards.  Many people in the industry have said NYSDOL needs to write a rule that will clarify the law.  We disagree, though the law is a little confusing, but it is very basic and simple.  There is a saying we love "Be careful what you wish for, you might just get it." (Knowing ourselves, I'm probably misquoting it, but you get the jist)  When regulators write rules they then have to go out for public comment and the next you know you get something that is really confusing and lengthy.  On November 18, 2017, NYSDOL published two new fact sheets:

• A revision of Publication P227 - Mold Assessment and Remediation in New York State Fact Sheet.

• and a new Publication P228 - What to Expect When You Hire a Mold Assessor and Mold Remediation Contractor Fact Sheet.

These two fact sheets are very well written and are perfect for providing to your clients to educate them on what to expect regarding the mold inspection/remediation process in New York State.  Reviewing and discussing these fact sheets are one of the highlights of our mold refresher courses.

Moldy Wall in New Construction

The interesting fact sheet is the newest one, "What to Expect When You Hire a Mold Assessor and Mold Remediation Contractor".  This fact sheet, in our opinion, actually clarifies some of the confusion with Article 32.  The fact sheet was created and designed for the consumer.  However, since it was created and designed by NYSDOL, it gives you insight into what NYSDOL expects from the Mold Assessment and Remediation process.  These are some of the points we think the fact sheet clarifies:

• The difference between a written passed clearance report and a final status report.
• Can you write a passed clearance report if the underlying cause (if known) is not corrected?
• The responsibilities of the mold assessor.
• The responsibilities of the mold remediation contractor.
• The use of disinfectants, biocides, and antimicrobial coatings.
• What happens if a post-remediation assessment is not wanted?

Those of you who took our initial courses or attended one of our presentations at Professional Abatement Contractors of New York (PACNY) or at the Environmental Information Association (EIA), we discussed what we saw as potential liabilities in the law regarding the above issues.  This new fact sheet actually clarifies these points without writing any further rules.  It provides the mold industry with a guideline of what a client should expect when they hire a Mold Assessor or Mold Remediation Contractor.  We look forward to discussing this with you and seeing if you agree. 

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Future Environment Designs Approved to Offer NYSDOL Mold Refresher Courses

Future Environment Designs is happy to announce that New York State Department of Labor has approved our Mold Refresher training course.  This course which will allow Mold Abatement Workers, Mold Abatement Supervisors, Mold Remediation Contractors, and Mold Assessment Contractors & Individuals to renew their license with New York State and continue offering mold services.  The course is an four hour course with a 15 minute break.  Individuals enrolled in the course will be expected to enhance the learning experience by sharing information regarding their experience in the past two years.

Mold Post-Assessment Clearance 

 We will be adding dates to our schedule at Future Environment Design's website now that we are approved to offer these courses.  As usual you can contact us to set up the Mold Refresher classes under our training "At Your Convenience" service.  Look forward to seeing you in class.

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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