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.

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.

     

NYSDOL Clarifies New Enforcement Tactics

New York State Comptroller Thomas P. DiNapoli in an audit of New York State Department of Labor's (NYSDOL) Asbestos Control Program revealed several issues which we discussed in our July 2, 2013 blogpost.  NYSDOL's response to the DiNapoli audit revealed several tactics that NYSDOL was currently using to ensure compliance and enforcement of the regulations.  The Professional Abatement Contractors of New York (PACNY) requested additional clarification of these tactics.  NYSDOL's response can be found at our Resources webpage on our website.  To sum up NYSDOL's response, they are cross-referencing all the information they get from notifications, survey reports, air sampling results, waste manifests, etc. to make sure they are being notified & the quantities are accurate.

Waste manifests are on of the tactics being used by NYSDOL

Based on NYSDOL response this cross-referencing tactic has led to several enforcement actions.  These include:  

• Air Monitoring Data has led to catching 2 contractors not notifying their project, 136 notices of violations for 18 contractors.
• Demolition Permit Data has led to catching 4 contractors not notifying their project, 28 notices of violations for 10 contractors.
• Site Specific Variances Data has led to catching 1 contractor not notifying their project, 2 notices of violations for 1 contractor.
• Two other lines of data Surveys & Waste Manifests have not found any violations.

We are glad to see NYSDOL at least checking the data they receive to ensure everything is being done correctly.  However, we still don't see how NYSDOL is going after those that do things totally illegally.  Still no sign of how they are attempting to catch those companies doing illegal abatements during emergencies, floor tiles, siding, & roofing projects.  Our suggestion would be to track the waste entering construction & demolition landfills to see if this will get you those that should be notifying.  In addition, accessing tax records may also indicate roofing, siding, floor, & emergency contractor's projects that would allow a targeting of records to determine illegal abatement activities.

Related articles

• New? NYS Education Department Asbestos Clearance Air Sampling Requirements
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Domino Sugar Factory Abatement - Brings Up Questions

The Domino Sugar Factory in Brooklyn, NY is undergoing asbestos abatement and unfortunately for New York Insulation they were caught doing asbestos abatement on the roof.  Whenever, you do asbestos abatement outside of containment, it is vitally important that you do the work perfectly.  One mistake or two will just bring about a whole bunch of trouble.  Below is the video, please watch it and let us know what you think in the comments:

In our classes we have been watching it and discussing the various issues, here is a list:

• In the video you do not see one person wetting anything down.  Wet methods are required by New York City Department of Environmental Protection (NYCDEP), New York State Department of Labor (NYSDOL), the Occupational Safety and Health Administration (OSHA), and the Environmental Protection Agency (EPA).  Under EPA regulations not wetting asbestos or dry removal is a criminal violation.
• In the video you do not see a High Efficiency Particulate Air (HEPA) filtered vacuum anywhere.  HEPA vacuuming is required by NYCDEP, NYSDOL, & OSHA.
• Workers in the video are hammering what looks like asbestos containing transite panels.  These panels are considered non-friable and if intact they are not regulated by EPA.  However, that changed as soon as the workers started hammering (crumbling & pulverizing) the materials.  These materials are no longer intact and have become regulated asbestos containing materials (RACM).  Meaning these materials must be placed in labeled asbestos bags or wrappings and sent to an EPA approved landfill for disposal.  In addition, the crumbling & pulverizing of the materials probably means NYCDEP & NYSDOL would require a containment.
• Two workers inside the work area are not wearing suits and respirators, obviously a violation of the PPE requirements for this work.
• Under NYCDEP, NYSDOL, & OSHA materials are required to be bagged or wrapped immediately.  Obviously, the hammering of the materials means they were not bagged or wrapped immediately.
• In the video we can see one air sample station in the work area.  NYCDEP requires four (4) inside work area samples during the abatement.  Since the one sample is located where they were hammering the panel with a crowbar it would be interesting to see the results of that air sample.  Though it may be likely it will show nothing since it would depend on which way the wind was blowing.

These are just some of the ones we have discussed in our classes or have been posted in our New York Asbestos Group on Linked-In.  Let us know if you see anything in the comments below.

Related articles

• Brooklyn's Domino Sugar Factory Will Turn Into A Temporary Urban Haven
• Asbestos Removal Questionable at Old Sugar Refinery
• What's Next for the Domino Sugar Factory
• Asbestos Abatment
• Asbestos Violations on the Rise, EPA Says
• Brooklyn built UP
• Sweet Dreams: A Party for Julian Schnabel at the Domino Sugar Factory

NYCDEP Issues Advisory Memo

We recently received an advisory memorandum from Mr. Steven A. Camaiore, P.E., the Director of the Asbestos Control Program for New York City Department of Environmental Protection (NYCDEP).  The Advisory had several important points and interesting bits of information.  For example did you know NYCDEP was issuing violations directly to asbestos handlers for obvious violations in which the handler was directly at fault?  Some of the violations they have issued are:

• worker not wearing gloves,
• worker engaged in dry removal,
• worker not taking a shower,
• or a worker altering their certificate.

This seems to have opened a new area of revenue for NYCDEP.  Though I don't know how much money they are likely to get from asbestos handlers.

Asbestos Supervisors are already getting violations for dry removal or 5 or more violations on the site.

Another enforcement action NYCDEP announced was giving applicants until March 15, 2012 to close out projects filed in the January and February of 2011.  Applicants are required to close-out their project(s), NYCDEP, with this memo, is notifying applicants that if their project is still open after March 15 they will take enforcement action.  In addition, NYCDEP will begin strictly enforcing the following sub-sections of the asbestos regulations:

• 1-26 (e) Failure to terminate asbestos abatement permit within year
• 1-44(d) Analysis and Reporting Results
• 1-112 (m) Additional Clean-up Procedures (Final)
• 1-28 (h) Clean-up Procedures: Preparation for Clearance Air Monitoring

It certainly seems NYCDEP continues to show how government agencies should be enforcing their regulations.  You can find the memo at: http://futureenvironmentdesigns.com/news.html.

Related articles

• NYC DEP Plans Increase In Enforcement On Asbestos Investigators (futureenv.blogspot.com)
• Asbestos company owners convicted on criminal charges in Italy; but asbestos still lethal and legal in the US (scienceblogs.com)
• Audits Planned for Asbestos Inspections (green.blogs.nytimes.com)
• NIOSH Blog Discusses Erionite (futureenv.blogspot.com)
• What Happened with NYS ELAP Ceiling Tile Analysis? (futureenv.blogspot.com)
• 16th Annual PACNY Environmental Conference Being Held March 1 & 2, 2012 (futureenv.blogspot.com)