Future Environment Designs Celebrates Labor Day by Remembering Those Who Made Sacrifices!

 Future Environment Designs (FEDTC) wishes everyone a Happy Labor Day weekend!  We hope everyone takes the time to remember that today we are celebrating the contributions of the labor movement to the development and achievements of the United States of America (USA).  Many workers have sacrificed their lives in making these achievements.  On average, almost 100 workers are killed every week in the United States due to traumatic injuries suffered at work. Over 20 times as many die from occupational diseases, many due to exposure to hazardous substances many years before they died (for example, asbestos, silica, and coal dust) or from COVID-19 acquired at work.  It is important to remember those who made these sacrifices while working on the job.  These sacrifices also cost businesses profitability and increase workmen's compensation costs.  The Occupational Safety and Health Administration (OSHA) has created a tool to show the impact different types of injuries cost businesses.  

The United States Labor Department has produced a video to remember the history behind the creation of Labor Day.  Future Environment Designs hopes as we enjoy this weekend, we remember the importance and the sacrifices each of us makes to keep achieving and developing the USA, and even more importantly we remember solidarity, the sense that each of us should look out for the interests of all!

That Time of Year! Conferences, Posting Requirements, and OSHA Violations Increased!

It's that time of year again. We're between conferences.  February 15-16, 2024 was the Professional Abatement Contractors of New York (PACNY) Environmental Conference and the Environmental Information Association (EIA) National Conference & Exhibition is March 18 - 21, 2024.  This year we have the honor of speaking at both conferences.  We are speaking on the "Fallacy of PCM Clearance" in other words 5 reasons PCM should not be used for clearance.  We are speaking on Wednesday, March 20, 2024, at 1:00 PST if you happen to be in San Diego, California come down and say hello!  We're looking forward to arriving early and seeing the San Diego Wildlife Park and the Zoo, two different areas.  Our speech was very well received at the PACNY Environmental Conference.  If you would like to see the posts from the PACNY Conference visit PACNY's Linkedin page.

FEDTC's Booth at PACNY Conference

There are other things also happening at the beginning of the year.  For example, remember to post your Occupational Safety and Health Administration (OSHA) 300A if you have 10 or more employees, see last month's post for more information.  The 300A, which is the summation of injuries and illnesses your company had in 2023, should be posted from February 1st, 2024 to April 30, 2024.  Also, remember certain employers must electronically submit the OSHA 300A information directly to OSHA by March 2, 2024.

300a Must Be Posted & For Some Must be Submitted

On January 16, 2024, the OSHA maximum penalties for serious and other-than-serious violations increased from $15,625 per violation to $16,131 per violation.  The maximum penalty for willful or repeated violations also increased from $156,259 per violation to $161,323 per violation.  These increases happen every January 15th.  This year's increase was delayed because January 15th was a Federal holiday (Martin Luther King Day).

Looking Forward to EIA's Conference in San Diego & Visiting the Wildlife Park

Worker's Memorial Day, Honoring Those Who Died On The Job. What About Those Who Died Because of Their Job?

Worker’s Memorial Day is dedicated to those who lost their lives on the job. Every year, on April 28, people across the country and around the world pay their respects to the thousands killed each year on the job and the millions more who suffer serious occupational injuries and illnesses on the job and recognize the impact these tragic losses have on families, co-workers, and communities.  According to Wikipedia, in 1989 the AFL-CIO declared April 28 Worker's Memorial Day.  April 28 is the day the Occupational Safety and Health Act of 1970, went into effect and the day the Occupational Safety and Health Administration (OSHA) was formed in 1971.  In 1991, the Canadian parliament passed an Act respecting a National Day of Mourning for persons killed or injured in the workplace, making April 28 an official Workers' Mourning Day.  In 2001 the International Labour Organization (ILO), part of the United Nations (UN), recognized Workers' Memorial Day and declared it World Day for Safety and Health at Work, and in 2002 the ILO announced that April 28 should be an official day in the UN system.

According to ADAO, over 10,000 people are dying from asbestos exposure each year! 

As we see all the events held and all the statements made this day one theme seems to repeat over and over, workplace injuries and illnesses remain unacceptably high, especially the ones that happen now!  Every theme is to reduce injuries, but very few if any mention the biggest killer occupational disease.  The Center for Construction Research and Training (CPWR) is one of the few organizations that even discusses occupational disease.  But don't look for asbestos exposure on that website, for example, the construction worker exposure control database that they manage only lists silica, noise, welding fumes, and lead.  What about asbestos, mercury, or polychlorinated biphenyls?  But you can find oodles of information on falls.  Let's look at OSHA and how they handle occupational diseases.  They are the prime regulatory agency for occupational diseases.  Secretary of Labor Marty Walsh, OSHA is one of the agencies under the Department of Labor, yesterday issued a statement on Workers Memorial Day it is much longer than the following excerpt, but this statement and what it, and the whole statement, is lacking makes my point:

 “In the past year, nearly 5,000 workers left home for work and did not return. None knew that going to work would cost them their lives. While each life lost is a tragedy, those taken in incidents that might have been prevented – had their employers followed required safety and health standards – are especially painful for their families, their co-workers and friends, and their communities."

No recognition for workers who died from their job, but died after they were no longer working, though in Secretary of Labor Marty Walsh's video presentation he mentions his father being exposed to asbestos and having lung problems. Even in the Department of Labor's video on the Worker Memorial Day Program, only Assistant Secretary for Labor Chris Williamson the director of the Mine Safety and Health Administration (MSHA) even mentions occupational diseases when he mentions silica. 

While in the United Kingdom (UK) a new permanent memorial commemorating the lives of all the people who died as a result of exposure to asbestos has been unveiled in Barking and Dagenham at a special remembrance ceremony yesterday on International Workers Memorial Day.  The AFL-CIO annually releases a report "Death on the Job: The Toll of Neglect" that details the current state of safety and health protections for America’s workers. The 31st edition of the report states:

"Workplace hazards kill and disable approximately 125,000 workers each year—4,764 from traumatic injuries, and an estimated 120,000 from occupational diseases. Job injury and illness numbers continue to be severe undercounts of the real problem."

This report indicates that occupational diseases are 24 times more likely to occur than traumatic injuries!  Realize we are not saying safety is not important, but considering asbestos, silica, and welding fume exposures are still going on, just to name a few what is being done for these workers!  On May 2-6, 2022 OSHA will sponsor a National Safety Stand-Down to Prevent Falls in Construction.  Fatalities caused by falls from elevation continue to be a leading cause of death for construction employees, accounting for 351 of the 1,008 construction fatalities recorded in 2020 (BLS data).  If occupational diseases are typically 24 times more likely, then we would argue that falls are not the leading cause of death in construction.  Why is there no stand-down day for these occupational diseases?  Except for heat illness or noise, there are no stand-down days for the rest of the occupational diseases.  According to  OSHA's statistics, from October 2020 to September 2021 OSHA performed 15 inspections related to the construction asbestos standard (1926.1101) for 80 citations while for the same period OSHA performed 5,325 inspections with 5,463 citations for the duty to have fall protection in the construction industry (1926.501).   

Linda Reinstein of ADAO and Angelo Garcia, III of FED at the PACNY Environmental Conference

There is one bright cloud regarding recognizing those workers who die related to asbestos exposure but because they died after their retirement.  The Asbestos Disease Awareness Organization (ADAO) is the largest independent asbestos victims’ organization in the United States. Founded in 2004 to give asbestos victims and concerned citizens a united voice, to raise public awareness about the dangers of asbestos exposure, and to work towards a global asbestos ban.  The ADAO sponsors an annual International Conference on Asbestos Awareness and Prevention, and has annually (this year is the 17th) lobbied the U.S. Senate to pass a resolution to designate April 1- 7 as "National Asbestos Awareness Week", which coincides with "Global Asbestos Awareness Week".  Linda Reinstein is one of the founding members of ADAO and has told her story regarding Alan's, her husband, exposure to asbestos.  It's these stories that don't make it into the injury and illness statistics.  These stories are the ones that are being left out on Worker's Memorial Day and we must do better!

 

The Annual Increase of OSHA Penalties Goes Into Effect!

On January 13, 2022, the Occupational Safety and Health Administration (OSHA) announced (click here for the announcement) effective January 15, 2022, in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 and several amendments that they are making the annual adjustments for inflation as required by those laws.  

The cost-of-living adjustment multiplier for 2022, based on the Consumer Price Index for October 2021 is 1.06222.  In computing the 2022 adjustment, OSHA multiplied the most recent penalty amount for each applicable penalty by the multiplier and then rounded to the nearest dollar.  

Serious Violation Penalties (per violation)       

    Minimum $1,036        Maximum $14,502

Other-Than-Serious Penalties (per violation)

    Minimum $0               Maximum $14,502

Willful or Repeat Penalties (per violation)    

     Minimum $10,360*    Maximum $145,027   

Posting Requirements (per violation)

    Minimum $0                Maximum $14,502

Failure to Abate (per day unabated beyond the abatement date, max. 30-days) $14,502

*For a repeated other-than-serious violation that otherwise would have no initial penalty a Gravity Based Penalty (GBP) of $414 shall be proposed for the first repeat violation, $1,036 for the second repeated violation, and $2,072 for a third repetition.              

This serious violation would cost the employer between $1,036 and $14,502

OSHA increased its penalties on August 1, 2016, the link to our previous blog post discussing the initial increase that started this annual process to increase fines is here.  OSHA will continue to do penalty reductions based on the size of the employer and other factors.  The OSHA January 13, 2022 enforcement memo details the penalty increase, minimum penalties, gravity-based penalty amounts, and serious willful penalty reductions.  In addition, OSHA's website provides information and guidance to employers on debt collection activity.  The site is designed to help employers pay their debts with OSHA click here to visit the site.

New Head of OSHA Confirmed by the U.S. Senate! Doug Parker Will Take the Reins!

 It only took the United States Senate 1747 days to confirm a new head of the Occupational Safety and Health Administration (OSHA).  OSHA has been without a head since January 2017.  President Joseph Biden nominated Mr. Doug Parker on April 9, 2021, and the Senate confirmed him on October 25, 2021.  We have to remember that former President Donald Trunp nominated Scott Mugno in October 2017, but Mr. Mugno withdrew in May 2019 after waiting for 19 months for the Senate to confirm him.

Mr. Doug Parker, Assistant Secertary to OSHA

Mr. Parker had his Senate confirmation hearing held on May 27.  Obviously, many of the questions posed to Mr. Parker were related to the pandemic and the soon to be released OSHA emergency temporary standard regarding protecting workers from COVID-19 for General Industry.

Mr. Parker has served as the head of California Division of Occupational Safety and Health (CAL/OSHA) since September 2019.  In his confirmation hearing he defended CAL/OSHA's emergency temporary standard on COVID-19 and strongly defended OSHA's plans for a new emergency temporary standard.  Currently, OSHA's emergency temporary standard for COVID-19 only applies to healthcare and healthcare support service workers.

OSHA is 50 Years Old

It is obvious from his experince at CAL/OSHA and other similar safety-related organizations he has the skill set and leadership abilities to be the new head at OSHA.

OSHA Announces The Annual Increase in OSHA Penalties Effective January 15, 2021

On January 8, 2021, the Occupational Safety and Health Administration (OSHA) announced effective January 15, 2021, in accordance with the Inflation Adjustment Act has increased the maximum civil penalties (fines) for serious, other-than-serious, and posting requirements to $13,653, from $13,494.  Failure to Abate violations has increased to $13,653 per day beyond the abatement date from $13,494 and Willful/Repeat violations have increased to $136,532 from $134,937.  These civil penalty increases were mandated by Congress, on November 2, 2015, through legislation that required all federal agencies to adjust their civil penalties to account for inflation.  OSHA increased their penalties on August 1, 2016, the link to our previous blog post discussing that increase is below.  Moving forward, as the legislation requires, the penalties will be adjusted each year based on the Consumer Price index.  Click here for the 2021 increase announcement.  OSHA will continue to do penalty reductions based on the size of the employer and other factors.  The OSHA January 8, 2021 details the penalty increase, minimum penalties, gravity-based penalty amounts, and serious willful penalty reductions.  In addition, OSHA launched a new website to provide information and guidance to employers on debt collection activity.  The site is designed to help employers pay their debts with OSHA click here to visit the site.

A serious violation, as this picture shows, would now result in a $13,653 penalty. 

Related Articles:

• OSHA Fines Increase By 78%!  Will That Leads to an Increase in Safety Consulting & Training
• OSHA Fines Increase - Silica Rule Enforcement Ramps Up

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)

OSHA Fines Increase by 1.8%

On January 15, 2020, the Occupational Safety and Health Administration (OSHA) has increased the maximum civil penalties (fines) for serious, other-than-serious, and posting requirements to $13,494, from $13,260.  Failure to Abate violations has increased to $13,494 per day beyond the abatement date from $13,260 and Willful/Repeat violations have increased to $134,937 from $132,598.  These civil penalty increases were mandated by Congress, on November 2, 2015, through legislation that required all federal agencies to adjust their civil penalties to account for inflation.  OSHA increased their penalties on August 1, 2016, the link to our previous blog post discussing that increase is below.  Moving forward, as the legislation requires, the penalties will be adjusted each year based on the Consumer Price index.  Click here for the 2020 increase announcement.  OSHA will continue to do penalty reductions based on the size of the employer and other factors.  The OSHA January 10, 2020 details the penalty increase, minimum penalties, gravity-based penalty amounts, and serious willful penalty reductions.

Serious Violations will now be $13,494 each.

Related Articles:

• OSHA Fines Increase By 78%!  Will That Leads to an Increase in Safety Consulting & Training
• OSHA Fines Increase - Silica Rule Enforcement Ramps Up

Professional Day - Day Two of PACNY's 23rd Annual Environmental Conference - Vendors Galore!

The second day of the Professional Abatement Contractors of New York's (PACNY's) 23rd Annual Environmental Conference at Turning Stone Resort & Casino in Verona, New York, started in the Vendor Exhibit Hall with the realization that there were quite a few new vendors on display.  To be exact 5 additional vendors added to the usual 23 vendors the conference usually has.  To provide access to the presentations PACNY has loaded most of the presentations from the three-day conference at their website, click here.

Video of the Vendor Exhibit Hall at Turning Stone Casino

Opening remarks & conference welcome were done by Chairman Deb Sanscrainte of Aramsco, and PACNY President Joseph Cantone, of Colden Corporation.  The first presenter for the second day was Sue Rossi, CHMM the Sr. Industrial Account Manager of Waste Management, her topic was "Asbestos and other special wastes".  Her presentation informed us that New York State in 1988 had 227 landfills and now there are only 26 active landfills, many closed due to tougher environmental regulations.  Her presentation also informed us that NYS requires landfills to treat non-friable asbestos-containing materials (ACM) that are placed into an asbestos labeled waste bag (class 9 bags) as friable.  Even if they are put into class 9 bags that were turned inside out.  If the bag rips open at the landfill, the landfill will back charge the contractor for the additional fee for disposal as a friable instead of the nonfriable charge.  Ms. Rossi also discussed that Waste Management's High Acres Landfill can accept polychlorinated biphenyls (PCBs) bulk product (e.g., caulk, paint, mastics, sealants) waste.  The approval checklist and backup information for the handling of PCB bulk product wastes and a copy of her presentation can be found here.

Sue Rossi, CHMM of Waste Management speaking about Friable ACM waste

Our next presenter was Timothy W. Pullis, ARM, Construction Practice Leader of Brown & Brown of NY, Inc., discussing "Workers' Compensation EMR Fundamentals".  Mr. Pullis discussed a drugfree workplace credit of 5% (worth 5 points); experience mod was explained as a formula that calculates the ratio of "expected" losses compared to "actual" losses, the experience mod is a statistical comparison of risks using the same job class codes and similar payroll, and the result adjusts the annual workers compensation premium based on the prior loss experience by "modifying" the manual premium; and EMRs over one (1) could exempt people from certain contracts.  Our presenter before coffee break was Adam Schrader, President of Ecospect and George Schambach, President of NYS American Association of Radon Scientist and Technologist (AARST) Professional Home Inspection Service discussing "Current Radon Legislation in NYS, and current national American National Standards Institute (ANSI)/AARST Standards for testing and mitigation in all building types".  Mr. Schambach discussed pending NYS legislation Assembly Bill #A8605 and Senate Bill #S6851 to amend the real property law, in relation to radon service professional licensing.  Radon service professionals would include - radon measurement professional defined as radon service professional who deploys and retrieves radon detectors and provides a report of the associated measurement results that are generated by a radon analytical laboratory and radon mitigation professional defined as a radon service professional who interprets radon test results and determines the most effective way to manage radon concentrations within buildings.

Corey Briggs of Colden Corporation - Freeze Framed!

After taking our break in the Vendor Exhibit Hall, Kevin Canaan, of AAC Contracting, started the presentations by awarding Joseph D. Lane, President of Environmental Protection Services, PACNY's Lifetime Achievement Award for his many years of service above and beyond normal PACNY duties.  Corey W. Briggs, MSPH, CIH, CET, FAIHA, Senior Consultant of Colden Corporation, led a presentation titled "Freeze Frame - Focus on H&S" that was entertaining for the many pictures of unsafe acts.  Next up was Brian Sampson, of the Associated Builders and Contractors Association, discussing "Trends and Issues of Concern for the Construction Community".  His discussion touched on the legalization of recreational marijuana and the extension of prevailing wage to private work.

Mike Rubin of Goldberg Segalla - Proactively Establish Your Defenses

After lunch and the Vendor Exhibit Hall Mike Rubin Esq., Partner at Goldberg Segalla, discussed "Occupational Safety and Health Administration (OSHA) Top Ten Tips - Minimize and Eliminate Exposure".  Mr. Rubin's presentation touched on the employer's rights during an OSHA inspection, creating an OSHA response plan, asserting your rights during an inspection, and points necessary for a proactive defense.  After another visit to the Vendor Exhibit Hall, Mike Waller, PhD, of Rochester Regional Health, spoke on "Sustainability/Solutions and How to Balance".  Dr. Waller started his presentation with "how do you define sustainability."  His definition was thought-provoking "development that meets the needs of the current generation without compromising the needs of future generations" or in other words "Solving today's challenges without creating future problems".  The presentations ended with Rob DeMalo, Member of the Board of Directors of the Environmental Information Association (EIA) and Senior Vice President of EMSL Analytical, Inc, presentation on "Toxic Substance Control Act (TSCA) Regulatory Update".  Discussing the Significant New Use Rule (SNUR) proposal from the Environmental Protection Agency (EPA).

Vendor Reception - Food and an Open Bar

After the presentations, the Vendor Reception was held in Vendor Exhibit Hall including food and an open bar.  The vendor reception included the usual suspects Aramsco, DiVal, Frederico Demolition, Healthy Indoors, and Future Environment Designs, click here for a full list of Sponsors/Vendors.  One of the interesting new vendors was Sundstrom displaying new respirators for asbestos and silica and Red Roof Inn with a special discount for conference attendees.  The second day is called Professional Day and all the presentations definitely met the definition of professional with a lot of valuable information provided and may takeaways. Stay tuned for the final day Regulatory Day!

Sundstrom Silica Dust Respirator Kit

Related Articles:

• Proficiency Day Awards Architects & Engineers 3 Professional Development Hours - PACNY's 23rd Annual Environmental Conference - Day One
• Countdown to PACNY's 23rd Annual Environmental Conference Begins!

Most Frequently Cited OSHA Standards in Fiscal Year 2018

The Occupational Safety and Health Administration (OSHA) annually publishes the top ten most frequently cited OSHA standards violated in the previous fiscal year.  OSHA has published the stats for the fiscal year (FY) 2018 (which runs from October 1, 2017, to September 30, 2018).  Here is the list of most frequently cited OSHA standards:

1. Fall Protection, construction (1926.501)
2. Hazard Communication Standard, general industry (1910.1200)
3. Scaffolding, general requirements, construction (1926.451)
4. Respiratory Protection (1910.134)
5. Control of Hazardous Energy (lockout/tagout), general industry (1910.147)
6. Ladders, construction (1926.1053)
7. Powered Industrial Trucks, general industry (1910.178)
8. Fall Protection - training requirements, construction (1926.503)
9. Machinery & Machine Guarding, general requirements, general industry (1910.212)
10. Eye and Face Protection (1926.102)

OSHA performed a total of 32,020 inspections in FY 2018.  In 2017, there were 971 fatalities in the construction industry which were 20.7% of total private industry fatalities.  The fatal four (falls, struck by, electrocution, & caught-in/between) were responsible for 59.9% of construction worker deaths in 2017.

The top 10 violations in the Remediation Servies Industry (which includes asbestos abatement, lead abatement, crime scene cleanups, oil spill cleanup, mold remediation, and hazardous materials remediation companies) were:

1. Asbestos (1926.1101)
2. Respiratory Protection (1910.134)
3. Lead (1926.62)
4. Hazard Communication (1910.1200)
5. Permit-required Confined Spaces (1910.146)
6. Inorganic arsenic (1910.1018)
7. Duty to have Fall Protection (1926.501)
8. Electronic Submission of Injury and Illness Records to OSHA (1904.41)
9. Scaffolding, general requirements (1926.451)
10. Ladders (1926.1053)

Interesting how the top four violations in the remediation industry should be the industry's specialty.

Since the silica standard has been in effect since September 23, 2017, we looked to see how many citations were issued in FY 2018.  OSHA performed 202 inspections in reference to the silica standard (1926.1153) and issued 556 citations for total penalties of $815,426.  The top 10 industries cited were:

1. Masonry Contractors
2. Poured Concrete Foundation and Structure Contractors
3. Commercial & Institutional Building Construction
4. Water & Sewer Line & Related Structures Construction
5. Highway, Street, & Bridge Construction
6. Site Preparation Contractors
7. Residential Building Contractors
8. Flooring Contractors
9. All Other Specialty Trade Contractors
10. Siding Contractors

As you can see OSHA is still performing inspections and still issuing citations.  Though silica standard is fairly new OSHA conducted almost triple the inspections than it did regarding asbestos.  However, OSHA's focus is definitely on falls, struck by, electrocutions, and caught-in/between. 

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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Revisit "Changes Are Coming", Did They? & Save The Dates For PACNY's 2018 Environmental Conference

It has been over six months since we did our presentation "Changes Are Coming" at the Professional Abatement Contractors of New York (PACNY) 2017 Environmental Conference.  We figured it would be a good time to see where we stand with the changes we discussed in our presentation.  Our PACNY presentation can be viewed here if you don't remember it or have not seen it yet:

 We started our presentation with the Environmental Protection Agency (EPA) and the appointment of Scott Pruitt as the EPA Administrator.  Mr. Pruitt has been cutting agency staff and aggressive in reducing environmental regulations, all things that were expected once his appointment was announced.  The primary regulation we discussed, under EPA, was the reauthorized Toxic Substance Control Act (TSCA) and the potential for an asbestos ban.  Asbestos was listed by EPA as a top ten chemical listed for review.  However, in June 2017, the EPA released a series of limitations on TSCA, including how broadly the agency will review potentially hazardous substances.  It will be interesting to see how the Pruitt-led EPA will move this along.  It is also interesting that the US which was reducing imports of asbestos for many years (343 metric tons imported in 2015) all of sudden increased imports last year (705 metric tons).  Was the chloralkali and other asbestos using industries increasing inventories in anticipation of a ban?  Not the changes many people were hoping for. 

Brent Kynoch of EIA Presenting at the PACNY Conference

In our next section, we discussed the changes coming to the Occupational Safety and Health Administration (OSHA).  Well probably the best description for what is going on there is delay and re-evaluate.  OSHA still does not have an Administrator to head the Agency.  The first regulation we talked about was the Respirable Crystalline Silica standard which was to take effect in the construction industry by June 23.  OSHA delayed that enforcement to September 23.  Then delayed that enforcement for employers making a good faith effort to comply for another 30 days (see the OSHA memorandum here).  The next standard, the Beryllium standard has been delayed by a proposed rule-making on June 27, 2017.  This rule-making would eliminate the ancillary provisions (determining whether other sections of the OSHA construction and shipyard standards provide adequate protection) but not the lowered permissible exposure limit (0.2 micrograms per cubic meter) and the short term exposure limit (STEL of 2.0 micrograms per cubic meter, over a 15 minute sampling period).  OSHA has published a fact sheet (click here for the fact sheet) on the proposed rule-making.   The rule requiring companies to electronically submit injury and illness information was delayed from July 1, 2017 to December 1, 2017.  OSHA's Injury Tracking Application is now available and can be accessed here.  Remember establishments with 20-249 employees in certain high-risk industries (i.e., Construction, Services to Buildings & Dwellings, and Remediation & other waste management services) must submit information from its 2016 Form 300A by December 1, 2017.  Probably the most significant change at OSHA has been the elimination on OSHA's website of the ticker that listed the fatalities that have occurred daily across the country and the reduction of publishing employers who have been issued significant violations.

Thursday Night In the Vendor Hall

Our final section was reserved for New York State (NYS) regulations in particular the asbestos and mold state regulations.  Nothing has changed for the asbestos regulation, but our desire for Asbestos Hazard Emergency Response Act (AHERA) type clearance testing for all floor tile projects opened up a healthy debate (see our blogpost "Asbestos Floor Tile Debate Results" and our article in Healthy Indoors Magazine).  The NYS's Mold Law Article 32 still does not have regulations and so nothing has changed regarding the mold supervisor, how to pass clearance, if the underlying cause is not fixed, etc.  However, NYS Department of Labor did publish a renewal process.  To renew your license you will need to take a 4-hour mold refresher course and resubmit your paperwork with the appropriate fee (see our blogpost "Future Environment Designs Approved to Offer NYSDOL Mold Refresher Courses"). 

Friday's NYSDOL Roundtable

The 2018 PACNY Environmental Conference will be held from February 28 to March 3, 2018 at the Turning Stone Casino in Verona, New York.  Its too early yet for the registration information and speakers, but you can expect Thursday Night in Vendor Hall and NYSDOL will probably be there on Friday, March 3.  We look forward to seeing you there.

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Is It Really Here Again! The 21st Annual PACNY Environmental Conference Starts March 1, 2017.

This year the Professional Abatement Contractors of New York (PACNY) Conference seemed to sneak up on us.  It's only two weeks away.  The first day of the 21st Annual PACNY Environmental Conference is on Wednesday, March 1, 2017 at 11:30 AM.  To register for the conference visit PACNY's website.  The conference will start with lunch from 11:30 AM to 12:30 PM, with Kevin Malone of New York State Department of Health (NYS DOH) kicking off the presentations.  Mr. Malone is in charge of the division that regulates asbestos training providers.  Next up will be Don Pierce from NYS Department of Labor (NYS DOL) updating us on the Asbestos Hazard Emergency Response Act (AHERA) auditing (an EPA grant allows NYS DOL to perform the auditing for Environemtal Protection Agency (EPA)).  Then the first day of the conference will end with a Variance Writing Workshop led by Kevin Hutton of Cornerstone Training.

Dival's Booth at PACNY

The second day of the conference has another great lineup of speakers.  Dr. Marty Rutstein returns speaking about "Talc with Tremolite and Other Amphiboles"; and Tom Laubenthal also returns speaking about "Using ASTM E2356 to Meet "Thorough Inspection Requirements" Prior to Renovation and Demolition Activities".  Dival Safety will be doing Fall Protection Demonstration, considering OSHA's emphasis on fall hazards it will be intereasting to see the different equipment avalable.  Ed Stuber of Galson Laboratories will update us on the OSHA Silica standard; Dr. Chris Goulah will discuss "Legionella"; Jim Redmond will update us on OSHA; and Jim Haklar will discuss PCB Case Studies.  Brent Kynoch of the Environmental Information Association (EIA) eill update us on EIA and the Toxic Substance Control Act (TSCA).  Then Cole Stanton of Fiberlock Technologies will update us on Mold/Fire/Water.  That will close out the second day bringing us to the Vendor Reception and Happy Hour!

Vendor Reception

Angelo Garcia, III of Future Environment Designs, Inc (FEDTC) will start the last day of the conference.  "Changes Are A Coming" is the title of our presentation and it will be about all the changes occurring in our industry this year.  We will hand off to Jack Springston of TRC who will speak about the "Pitfalls with Doing Mold Clearance Sampling as Part of a Post-Remediation Verification"  We are very much looking forward to Jack's presentation!  Then the culmination of the conference with the NYSDOL panel consisting of Dr. Eileen Franko - Director of Division of Safety and Health; Kirk Fisher - Licensing and Certification; Ed Smith, PE - Engineering Services Unit; and James Meacham, PE - Asbestos Control Bureau.  There is a rumor going around that the release of the new Industrial Code Rule 56 (ICR56) might happen at this meeting.  As usual, we are excited about the event and several people behind the scenes do a significant amount of work to make the conference such a success each year.  Very big thank yous to Lisa Brown and Deborah Sanscrainte for all the work they do to keep everyone focused and moving forward in putting this event together!

Deborah Sanscrainte Welcoming Everyone to PACNY

Future Environment Designs is a sponsor of the event and we will have our booth in the vendor hall.  Kimberly Granmoe and Sheryl Esposito will be ladying booth 19 (next to Dival Safety Supplies) as they have in the past.  So come and visit us.  Our Twitter feed for the conference will be #FEDTCPACNY, we will tweet photos and major speaker points during the conference.  We hope to see you at the conference! 

Kimberly Granmoe, Sheryl Esposito, Veronica and Angelo Garcia, III

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