Recognition, Innovation, and Continuing Our Mission to Educate

As we move further into 2026, we are proud to share several exciting developments at Future Environment Designs Training Center (FEDTC) that reflect our continued commitment to training, innovation, and supporting environmental and safety professionals.

This year has already brought significant recognition for our efforts, the launch of a new educational resource for asbestos inspectors, and opportunities to contribute to important industry discussions regarding indoor air quality and workforce development.

Two Awards That Reflect Our Commitment to Excellence

One of the most rewarding aspects of operating a business for nearly four decades is seeing your hard work recognized by others in the industry.  We are pleased to announce that FEDTC has received two prestigious awards for 2026.

Environmental Business Review's Top Indoor Air Quality Services 2026

FEDTC was selected as one of Environmental Business Review's Top Indoor Air Quality Services Providers for 2026.  The recognition specifically highlights our innovative "At Your Convenience Service", which was developed to address the real-world operational challenges faced by employers and workers in regulated industries.

For years, we've recognized that training alone is not enough. Employers need workers who are ready to work, medically cleared, fit-tested, properly documented, and compliant with regulatory requirements.  Our At Your Convenience Service was designed to bring these elements together into a single coordinated process.

The service combines:

• Training and certification
• Respirator fit testing
• Medical evaluation coordination
• Documentation management
• Regulatory guidance
• Ongoing compliance support

Rather than forcing employers to coordinate multiple vendors and schedules, the service provides a streamlined solution that helps workers stay compliant and job-ready.  See what our client, Mr. Tom Watral of Watral Brothers, has to say about our service.

Receiving this recognition validates what we've believed all along: the most effective training solutions address the entire compliance process, not just the classroom portion.

CourseCheck 2026 Brilliance Award

We were also honored to receive the "CourseCheck 2026 Brilliance Award" for maintaining an exceptional trainer evaluation score of "4.9 out of 5" throughout all of 2025.

This award is particularly meaningful because it comes directly from the people we serve—our students.

Every evaluation represents feedback from environmental consultants, contractors, facility managers, engineers, maintenance personnel, and safety professionals who attend our courses.  Maintaining a 4.9 rating throughout the year reflects our team's dedication to providing practical, relevant, and engaging training that attendees can immediately apply in the field.

To everyone who attended a class, completed an evaluation, and trusted us with their professional education, thank you.

Introducing Our New Asbestos Bulk Sampling Package

Education has always been a cornerstone of what we do, and recent events reinforced the need for additional training resources regarding asbestos bulk sampling requirements.

Following the release of a New York State Department of Labor (NYSDOL) fact sheet, "Expectations for Contents of Asbestos Surveys and Assessments" published after the Professional Abatement Contractors of New York's (PACNY's) Environmental Conference in March, we observed several areas that created confusion within the industry and raised questions among inspectors and consultants.

The Reference Book

As a result, we developed a comprehensive "Asbestos Bulk Sampling Package" designed to provide practical, field-ready guidance.  Click here to purchase the package.

The package includes:

• An eLearning/On-Demand training course,
• A comprehensive reference book,
• A durable laminated bulk sampling table designed for field use

The goal is simple: provide asbestos inspectors with a clear understanding of sampling requirements, sampling strategies, homogeneous area determinations, suspect materials, and regulatory expectations.  Too often, inspectors rely on incomplete information, outdated guidance, or interpretations that may not withstand regulatory scrutiny.  We wanted to create a resource that inspectors can use both during training and while conducting actual field inspections.

The laminated sampling table is particularly useful because it provides quick reference information that can be carried directly onto inspection projects.  As regulations, interpretations, and industry practices continue to evolve, providing accurate and practical educational resources remains essential.

Preserving Experience for the Next Generation

Another accomplishment we are particularly proud of is the publication of our article:

"Preserving Experience: How Continuous Training Supports the Next Generation of Environmental and Safety Professionals"

The article has been prominently featured in the "Insights" section of Environmental Business Review's website.  The topic has become increasingly important across our industry.

Many of the professionals who built the environmental consulting, asbestos, industrial hygiene, and safety industries are approaching retirement. As this transition occurs, organizations face a significant challenge: how do we preserve decades of practical knowledge and transfer that experience to the next generation?

The reality is that many of today's new environmental and safety professionals may never have the opportunity to spend years learning side-by-side with veteran supervisors the way previous generations did.  As experienced workers retire, the informal transfer of knowledge that once occurred naturally on job sites is becoming more difficult.  This makes structured training, mentoring, and continuous professional development more important than ever.

At FEDTC, our training philosophy has always been built around continuous learning and ongoing support because competency is not developed in a single class.  It is built through repetition, reinforcement, field application, and access to experienced guidance over time.

Far too often, training is viewed as an event—a worker attends a course, receives a certificate, and the process is considered complete.  In reality, that is where the learning process begins. Environmental health and safety professionals face changing regulations, evolving technologies, new workplace hazards, and increasingly complex projects throughout their careers.  Remaining competent requires continual education and reinforcement.

This philosophy is one of the reasons we have invested heavily in developing resources that extend learning beyond the classroom. Our training library, Negative Air App, asbestos air sampling charts, reference materials, and educational content (such as the above-mentioned asbestos bulk sampling package) were all created to provide workers and employers with continued access to practical information long after a training certificate has been issued.

The goal is to help bridge the gap between classroom instruction and field experience.  Our philosophy that "training never ends" reflects the reality of the industries we serve. Whether someone is an asbestos inspector, project designer, air sampling technician, project monitor, mold assessor, safety professional, or facility manager, they must continually adapt to changing regulations, evolving hazards, and new workplace challenges.

The future success of our profession depends not only on attracting new talent but also on ensuring that valuable lessons learned over decades are not lost. Continuous learning, knowledge sharing, and ongoing support are essential if we want the next generation of environmental and safety professionals to be as prepared and effective as those who came before them.

That is the message behind our article and a principle that continues to guide everything we do at FEDTC.

Looking Ahead

As we reflect on these accomplishments, we are reminded that none of them happened in isolation.  They are the result of dedicated employees, loyal clients, industry partners, instructors, students, and colleagues who continue to support FEDTC and share our commitment to education and worker protection.

Whether it's receiving industry recognition, developing new training tools, contributing to important industry discussions, or helping prepare the next generation of professionals, our mission remains the same as it was when we started nearly 38 years ago:

To provide practical, high-quality education and services that help protect workers, building occupants, and the environment.

We look forward to continuing that mission in 2026 and beyond.

Regulatory Updates, Industry Concerns, and Straight Talk from OSHA and NYSDOL at the PACNY 29th Annual Environmental Conference – Day 3

The third and final day of the Professional Abatement Contractors of New York (PACNY) 29th Annual Environmental Conference at the beautiful Turning Stone Resort Casino wrapped up another outstanding year of education, discussion, and industry networking. February 27, 2026, focused heavily on regulatory updates, owner expectations, compliance trends, and direct engagement with regulators — exactly the kind of practical information environmental professionals need to bring back to the field.

The Mohawk Room

Throughout the day, attendees gathered in the Mohawk Room for presentations.  At the same time, the Oneida Room Vendor Exhibit Hall continued to serve as the hub for coffee breaks, networking, and conversations with exhibitors.  PACNY once again demonstrated why this conference remains one of the most valuable environmental industry events in New York State.

PACNY Leadership Opens the Day

The morning began with remarks from PACNY President Kevin Hutton and PACNY Vice President Russell Vent, who discussed the current state of PACNY, ongoing industry initiatives, and the organization’s continued role in supporting environmental professionals throughout New York State. Their comments reflected both the growth of the organization and the evolving challenges facing the asbestos, remediation, and environmental consulting industries.

"A Crystal Ball” Panel Brings Owner Perspectives Front and Center

One of the most engaging discussions of the day was the panel presentation titled:

“A Crystal Ball – What Owners and General Managers Want You To Know”

The session was moderated by Bridget Ruane of C&S Companies and featured panelists representing multiple perspectives within the construction and environmental industry:

• James Riscica of C&S Technical Services, representing general contractors
• Sean Dollaway of C&S Companies, representing construction managers
• Conor Osterman of SUNY Upstate Medical University, representing owners and clients

This panel generated substantial discussion because it addressed a growing frustration that many owners, construction managers, and contractors are experiencing regarding asbestos surveys and project design documents.

Bridget Ruane moderating "Crystal Ball" panel

Several recurring themes emerged:

• Lack of sufficient detail in asbestos surveys
• Overreliance on asbestos presumptions in specifications and designs
• Disconnects between field conditions and design assumptions
• Challenges owners face when incomplete information results in costly change orders or project delays
• Difficulties contractors encounter when survey limitations are not clearly communicated upfront

The panelists emphasized that owners and construction managers are increasingly expecting consultants and designers to provide clearer documentation, more defensible assumptions, and practical project planning. It was an honest conversation that many attendees clearly related to based on the audience participation and follow-up discussions afterward.

OSHA Provides Regulatory and Enforcement Updates

Following a coffee break in the exhibit hall, Jeff Presbin from the Occupational Safety and Health Administration (OSHA) presented updates regarding OSHA standards and enforcement trends

The presentation focused heavily on:

• OSHA’s Top Ten Violations from 2025
• Enforcement trends involving asbestos work
• Common compliance failures seen during inspections
• Regulatory expectations for documentation and worker protection

For environmental contractors and consultants, these discussions are always valuable because they provide insight into where OSHA is placing emphasis during inspections and enforcement actions.

Jeff Presbin from OSHA

Asbestos compliance continues to remain a significant area of concern, particularly involving respiratory protection, regulated areas, exposure assessments, competent person oversight, and proper work practices under the asbestos construction standard.

NYSDOL Roundtable Closes Out the Conference

The final presentation of the conference featured representatives from the New York State Department of Labor (NYSDOL) Asbestos Control Bureau:

• Vincent Rapacciuolo, Deputy Director of Safety & Health
• Chek Beng Ng, Professional Engineer 2
• Jason Pensabene, Program Manager 2

As always, the NYSDOL session drew substantial attendance and participation because attendees had the opportunity to directly engage with regulators and ask real-world compliance questions.

Chek Beng Ng, Jason Pensabene, & Vincent Rapacciuolo, NYSDOL

Expansion of the MPWR System

Vincent Rapacciuolo discussed the proposed expansion of the MPWR website platform, including increased electronic functionality involving:

• Notifications
• Payment of fines
• Opt-in electronic communications
• Asbestos license renewals

The overall direction is clear — NYSDOL continues moving toward expanded electronic communications and digital administration processes.  For contractors, consultants, and building owners, staying current with these electronic systems will become increasingly important.

Variance Statistics and Processing Times

Chek Beng Ng provided updates regarding variance activity processed by the NYSDOL Engineering Services Unit (ESU) over the past year. The numbers were eye-opening:

• 1,759 total variances processed
• 120 statewide variances
• 121 school variances
• 380 emergency variances
• 1,130 site-specific variances

Average processing time was reported at approximately two weeks. These statistics highlight both the volume of asbestos-related work occurring throughout NYS and the continued importance of understanding the variance process under Industrial Code Rule 56.

New NYSDOL Fact Sheets

Jason Pensabene discussed several newly released NYSDOL fact sheets concerning asbestos survey requirements in NYS, with another guidance document currently in development.  The fact sheets are all asbestos survey-related:

• Asbestos Survey Always Required - (Published based on a PACNY initiative)
• NYS Asbestos Survey Requirements - Municipalities
• NYS Asbestos Survey Requirements - Building Permit Applicants
• Expectations for Contents of Asbestos Surveys and Assessments (published after the conference in March)

These fact sheets are expected to provide additional clarification regarding survey expectations and compliance obligations — areas that continue to generate questions throughout the industry.

One of the Most Active Q&A Sessions in Recent Memory

The conference concluded with an extensive roundtable question-and-answer session that utilized a newer structured format designed to encourage broader audience participation.  The result was one of the most active Q&A sessions many attendees could remember.

To their credit, the NYSDOL representatives remained engaged and attempted to address the large number of questions raised by attendees.

Some of the issues discussed included:

• Partial asbestos removal with encapsulated edges and flood cuts
• Interpretation of survey requirements
• Variance considerations
• Enforcement consistency
• Field compliance challenges

One particularly notable discussion involved bead blasting methods. NYSDOL representatives explained that refusals involving bead blasting are based on Environmental Protection Agency (EPA) documentation and agency experience indicating the equipment cannot be successfully used with water under those conditions.

These types of direct exchanges between regulators and industry professionals are one of the major reasons PACNY continues to provide such value to attendees year after year.

Final Thoughts

The 29th Annual PACNY Environmental Conference successfully returned to a three-day format and delivered another strong educational program covering technology, compliance, project design, exposure assessment, regulatory interpretation, and public health advocacy.  From discussions on AI and robotics to owner expectations, OSHA enforcement, and NYSDOL compliance updates, the conference reflected an industry continuing to evolve while facing increasingly complex regulatory and operational challenges.

NYSDOL representatives at the Conference

Perhaps most importantly, the conference once again reinforced the importance of communication between contractors, consultants, regulators, building owners, laboratories, and public health advocates. These conversations — even when difficult — are critical to improving worker protection, project quality, and regulatory compliance.

PACNY, its leadership, presenters, vendors, and attendees should be commended for putting together another outstanding conference.  If this year’s event is any indication, the environmental industry in NYS continues to move forward through collaboration, education, and honest discussion about the challenges we all face in the field every day.

Update of Dust and Debris Sampling in New York State: What Asbestos Inspectors Need to Know

On July 16, 2016, we blogged about "Asbestos Dust Sampling in New York State," since that post had over 1,550 views and will be ten years old this year.  We thought we should update the post.  In addition, we were honored to be asked by Dr. Martin Rutstein to join him and Mr. Marc Rutstein in presenting at the 2026 Professional Abatement Contractors of New York (PACNY) 29th Annual Environmental Conference.  Our presentation is titled "Asbestos in Settled Dust - Is it a Valid Method in a Consultant's Toolbox?"  We look forward to seeing you at the conference and discussing this issue.  This issue is typically discussed in our asbestos inspector and designer classes, so many of you already know some of the issues.  These discussions are necessary because this is an area where misunderstandings, improper sampling, and incorrect laboratory analysis can lead to serious regulatory, financial, and legal consequences for building owners, contractors, and consultants alike (Dr. Martin Rutstein & Marc Rutstein will be discussing recent case histories).

Stop by and Interact with our New Display

Under New York State Department of Labor (NYSDOL) Industrial Code Rule 56, dust and debris are specifically identified as suspect miscellaneous asbestos-containing materials (ACM).  This means that any debris or dust that is visually assessed by an asbestos inspector must be treated and handled as ACM and assumed to be asbestos-containing until bulk sampling and analysis demonstrate otherwise.  The inevitable question that follows is a practical one: How do you collect bulk samples of debris and dust?

Scrape Sampling and NYSDOH ELAP Method 198.1

The most straightforward method is to physically collect the debris or dust by scraping it into an asbestos sample bag using a knife, scraper, or business card.  This collected material can then be submitted for analysis using the New York State Department of Health (NYSDOH) Environmental Laboratory Accreditation Program (ELAP) Method 198.1.

Sampling Tools - Tweezers are one of my favorites

The ELAP Method 198.1 is the standard polarized light microscopy (PLM) method, which utilizes dispersion staining and point counting.  When performed correctly by an ELAP-accredited laboratory, this method provides results in percent by weight (%), which allows the inspector to compare findings directly to the U.S. Environmental Protection Agency’s (EPA) definition of ACM - greater than 1% asbestos by weight.  We also have to take into account that the Occupational Safety and Health Administration (OSHA) regulates materials that are 1% or less (see the Varga Letter in the FED Training Library).

Microvacuum Sampling and ASTM D5755

Another commonly used collection method is described in American Society of Testing and Materials (ASTM) D5755, Microvacuum Sampling and Indirect Analysis of Dust by Transmission Electron Microscopy for Asbestos Structure Number Concentrations. Note that the method has been withdrawn because of an administrative lapse and should be republished by the Fall of 2026.  This method involves vacuuming a known surface area—100 square centimeters is referenced in the standard, though the area may be larger or smaller depending on conditions.  The standard recommends that multiple independent samples are secured from the same area, and that a minimum of three samplesbe analyzed by the entire procedure.

The sample cassette and the nozzle must be submitted

Sampling is conducted using a standard 25- or 37-millimeter air sampling cassette equipped with either a mixed cellulose ester (MCE) or polycarbonate (PC) filter membrane with a pore size of 0.8 microns or smaller.  A plastic tube is attached to the inlet orifice to act as a nozzle and is cut at a 45-degree angle transverse to the sampling area of visible dust, avoiding particles > 1 millimeter.  Do not scrape the surface.  The air sampling pump is calibrated to operate at 2 liters per minute.  The sample cassette and the plastic tube (nozzle) must be submitted for analysis.

Nozzle example

While ASTM D5755 includes its own analytical method, this is where inspectors working in New York State must proceed with caution.  On April 8, 2011, NYSDOH published a document called "New York State Asbestos/Fibers - Frequently Asked Questions" (see the FAQ in the FED Training Library). According to NYSDOH ELAP Frequently Asked Questions (FAQ) No. 8, all bulk samples collected must be analyzed using ELAP-approved methodologies at an ELAP-accredited laboratory.  ASTM D5755 is not an ELAP-approved method of analysis.  Therefore, when transmission electron microscopy (TEM) is desired, the required analytical method in NYS is ELAP Method 198.4.

Wipe Sampling and ASTM D6480

ASTM D6480, Standard Test Method for Wipe Sampling of Surfaces, Indirect Preparation, and Analysis for Asbestos Structure Number Concentration by Transmission Electron Microscopy, is another method used to collect dust and debris.  This approach involves wiping a known surface area - again, typically 100 square centimeters - with a particle-free, sealed-edge, continuous filament cloth, such as a cleanroom wipe with 50/50 alcohol/water (no ghost wipes or baby wipes).  Multiple passes, first horizontal, then vertical, then hit the corners. Record the area sampled.  Like D5755, this standard recommends that multiple independent samples be secured from the same area, and that a minimum of three samples be analyzed by the entire procedure.

Cleanroom wipes

As with D5755, ASTM D6480 also includes an analytical method that is not approved under NYSDOH ELAP.  For NYS compliance, samples collected via these methods must be analyzed using the ELAP Method 198.4.

The Analysis Matters More Than the Collection Method

This is where many inspectors encounter problems. NYS ELAP-approved laboratories should be advising inspectors that ASTM analytical methods cannot be used for regulatory determinations in New York State.  Unfortunately, we have seen numerous instances where this guidance was not provided or ignored.

Transmission Electron Microscope

The result is that inspectors receive data reported as asbestos structures per square centimeter.  While this may be useful for certain research or exposure characterization purposes, there is no federal or state regulatory standard that allows these results to be compared to a threshold for determining whether a material is asbestos-containing.

Despite this, some parties have used these results to declare areas contaminated or to classify dust and debris as ACM.  In several cases, this has led to building owners incurring cleanup costs in the thousands - or even millions - of dollars, based on analyses that cannot be tied to regulatory definitions.

It is also worth noting that ASTM itself acknowledges these limitations.  In the Significance and Use section of its standards, ASTM clearly states that these test methods do not establish building safety, habitability, or regulatory compliance, and that a direct relationship between surface asbestos measurements and human exposure does not currently exist.

Experience, Knowledge, and Regulatory Awareness Are Critical

When using ASTM collection methods for dust and debris, asbestos inspectors must be extremely careful - both in how samples are collected and, more importantly, in how results are interpreted and communicated.  Understanding NYS regulatory requirements, approved analytical methodologies, and the limitations of various testing approaches is essential.

Asbestos Inspector Initial Class

As with many aspects of asbestos inspections, experience and knowledge are key. Proper sampling, appropriate analysis, and accurate interpretation protect not only inspectors and their clients but also the credibility of our profession.

Future Environment Designs, Inc. Celebrates 37 Years in Business With a New Program Called "After The Refresher"

On October 5, 1988, Angelo Garcia, III, founded Future Environment Designs, Inc. (FEDTC) as an indoor air quality consulting and training service to the facility management sector.  Since then, we have transformed the company into a provider of asbestos, mold, and Occupational Safety and Health Administration (OSHA) compliance training.  That has enabled us to continue for 37 years, with plans to continue for at least another 13 years.  

Once we converted the company into a training company, we became completely focused on our Blue Ocean Strategy of separating our company from our competitors by including additional services in our training courses to meet our clients' needs.  Services like:

• supplying personal protective equipment (PPE),
• providing quantitative respirator fit testing,
• providing respirator medical evaluations, 
• our monthly Safety Suzy newsletter with content on asbestos, mold, indoor air quality, and occupational safety and health information, 
• our blog where we post items of interest and discussion, 
• our negative air app, 
• our air sampling charts, 
• our training library, 
• our partnership with SiteDocs, 
• and all of it found on FEDTC's website.

In keeping with our Blue Ocean Strategy, we are starting a program called "After the Refresher".  "After the Refresher" will consist of interviews and recordings with people who attended our refresher classes, where our attendees get to introduce themselves and we discuss some of the topics we covered in the refresher class.  As we develop this program, we hope to interview people at conferences and other events that have an impact on the asbestos, mold, and OSHA compliance business.

In our first episode above, we discussed the different items we are currently discussing in our asbestos refresher courses.  In our second episode below, we interviewed John Paciulli of Insight Environmental, Inc., on the new New York State Department of Labor fact sheet on asbestos surveys and how it would impact the asbestos and mold industries.  We also discuss issues regarding contamination assessments.

As we continue to develop these programs and services, we are looking forward to what the next 13 years have to offer.  When you watch these programs, please don't forget to subscribe to Future Environment Designs Training Center's YouTube Channel and hit the like button.  Thank you!

Insights and Updates from Day 1 of PACNY's Environmental Conference: A Must-Attend Event for Industry Leaders

The Professional Abatement Contractors of New York's (PACNY's) 28th Annual Environmental Conference started with an action-packed first day (February 28th, 2025) at Turning Stone Casino in Verona, New York, setting the stage for a dynamic exchange of ideas, regulatory updates, and thought leadership. Attendees were treated to a robust lineup of expert speakers covering various critical topics, from asbestos and lead regulations to safety leadership and mental health in the workplace.

Frank Ehrenfeld (at the podium) and Tom Laubenthal speaking on the EPA Lead Rule

The morning session began with side-by-side presentations with Frank Ehrenfield, from Eurofins, and Tom Laubenthal, from TGL Consulting, Inc., delivering an essential update on "The Environmental Protection Agency (EPA) Lead Rule Update from November 2024" in the Mohawk room.  Their presentation discussed the EPA's November 2024, published new Lead-Based Paint rules regarding various definitions, dust levels for risk determination, and “clearance” values (which are now called “action levels”).  Once again, these values will be lowered to further lower risks to children in pre-1978 target housing and child-occupied facilities.  The new dust values are very low to “at reporting limits” (similar to a detection limit for simplicity), and the presentation also described in terms of the difficulties that may exist for some National Lead Laboratory Accreditation Program (NLLAP)-accredited labs, in meeting reporting limits. All stakeholders must read these regulations to understand the details and various applicability dates (see Lead and Environmental Hazards Association (LEHA) fact sheet).  While in the Cayuga room, Mary Parish, Principal Worker's Compensation Examiner in the office of the Advocate for Business, presented “Protecting Yourself and Your Team,” shifting the focus to workers' compensation and the legal framework protecting both employers and workers.  A key point from her talk was a reminder to make sure you are a certificate holder on your subcontractor's workmen's compensation insurance.

Mary Parish speaking about NYS Workmen's Compensation

The next speakers in the Mohawk Room, David Duford, from CanAm Environmental Safety, Inc., and Ryan Carney, from Wegmans Food Markets, took the stage to present "Managing Exposure Decisions and Improving Exposure Judgements," diving into practical strategies for assessing and managing workplace hazards. Their discussion highlighted the importance of accurate exposure judgments in protecting workers from hazardous environments utilizing Bayesian Statistics. Meanwhile, in the Cayuga Room, Anthony DiTucci, of Livingston Associates, continued the theme of leadership with "Safety Leadership in Project Management." He delivered a compelling case for strong safety leadership as a cornerstone of effective project management, underscoring the need for safety-first cultures in construction and abatement projects.

Anthony DiTucci in the Cayuga room, Ryan Carney (at the Podium), and Dr. David Duford in the Mohawk room

After a small break in the Vendor Exhibition Hall, Dr. Joe Spurgeon, CIH, followed in the Mohawk room with a targeted presentation, “Write a Mold Assessment Report, Not a Data Report,” emphasizing the need for clear, actionable mold assessment reports. Spurgeon challenged attendees to move beyond merely collecting data and focus on producing comprehensive reports that drive decision-making.  Zooming into the Cayuga Room, Dr. Barry Castleman delivered a hard-hitting presentation on the "Saranac Laboratory Coverups for the Asbestos Industry," revealing the historical injustices faced by asbestos victims and how industry efforts were made to downplay the dangers of asbestos exposure.

Joe Spurgeon in the Mohawk room and Barry Castleman zooming in the Cayuga room,

Closing out the morning session in Mohawk room was Steven Smigielski and Sean Fitzgerald, of Encorus Group, who addressed another timely issue in their talk, "Impact of New York State's Building and Energy Code Revisions on Hazardous Material Abatement." They examined how these revisions are shaping hazardous materials management and abatement strategies, giving attendees practical insights into compliance and operational adjustments.  Closing the morning session in the Cayuga Room, Megan Beaushemin, of New York State Department of Labor, provided a vital introduction to "NYS Code Rule 59 & 60," offering a comprehensive overview of these key regulations and how they impact worker safety practices and workers' compensation insurance.

Steven Smigielski and Sean Fitzgerald in the Mohawk room, and Megan Beauchemin in the Cayuga room

After a networking lunch, the highlight of the day was undoubtedly the Asbestos Inspections Panel moderated by Angelo Garcia, III, of Future Environment Designs, Inc. This distinguished panel, titled "Asbestos Inspections: EPA, OSHA, NYSDOL, NYCDEP & ASTM. Different Requirements and Goals," brought together leading experts to explore the varying requirements and objectives in asbestos inspections. Tom Laubenthal, of TGL Consulting, Inc., led the discussion with a focus on the American Society of Testing and Materials (ASTM) E2356 standard, offering a technical perspective. Chris Alonge, of the Dormitory Authority of New York (DASNY), presented the building owner's perspective, diving into the importance of thorough inspections to protect occupants and workers. Mr. Alonge shared some of the resources DASNY (click here for the DASNY resource page) provides to environmental consultants and contractors working for DASNY. Marc Rutstein, of Environmental Consulting and Management Services, Inc., shared his insights as a consultant, highlighting the regulatory challenges in NYCDEP and NYSDOL compliance. Finally, Matthew Brooks, of International Asbestos Removal, Inc., wrapped up with a contractor’s view, emphasizing the real-world application and costs of when inspectors don't follow these standards on job sites. The panel then had a discussion regarding the Occupational Safety and Health Administration's (OSHA's) Varga Letter regarding materials containing one percent or less of asbestos and how those materials should be handled.

Front Row - Tom Laubenthal & Matthew Brooks
Back Row - Chris Alonge, Marc Rutstein, & Angelo Garcia, III

The afternoon continued with Peter DeLucia, of Riedman Companies, and Mark Wiktorski, of Wonder Windows Showers and Baths, tackling an important but often overlooked topic—mental health. Their presentation, “Breaking the Stigma: Mental Health as a Critical Component of Workplace Safety,” emphasized how breaking the stigma attached to mental health issues is important to maintaining a safe, productive work environment.  An important website that promotes mental wellbeing in the workplace from the Construction Industry Alliance for Suicide Prevention.

Mark Wiktorski & Peter Delucia (at the Podium) 

Kevin Hutton, of EAST Centers of NY, rounded out the day with a much-anticipated session on "2024 TOP DOL Violations." His presentation gave attendees a close look at the year’s top safety violations, offering key takeaways for improving compliance and reducing risks in the workplace.

Kevin Hutton

The day concluded with a lively happy hour in the exhibition hall, where a record 31 exhibitors were on hand, showcasing the latest products and services in the industry. It was a fitting end to a day full of rich learning and networking opportunities, giving attendees a chance to connect and unwind after a full day of presentations.

As the conference continues (Day 2 was Friday, February 28, 2025; look out for Part Two), the knowledge and insights shared on day one have already set a high bar for the discussions to come. Whether you're looking to stay ahead of regulatory changes or enhance your leadership in safety practices, PACNY's Environmental Conference is the place to be.

Always thankful for Sheryl Esposito's (and Matt Desch) presence managing the booth!

The Role of Asbestos Inspections in Construction Safety: Don't Miss the Asbestos Inspection Panel at PACNY's Environmental Conference!

In the construction world, one of the most pressing concerns for worker safety is the potential asbestos exposure.  This hazardous material, once commonly used in various building materials for its fire-resistant and other properties, has been linked to serious health risks, including lung cancer, asbestosis, and mesothelioma.  Asbestos exposure remains a significant threat, especially in older buildings undergoing renovation or demolition.  The Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA) have set strict guidelines to minimize this danger, but compliance hinges on one key factor: thorough and accurate asbestos inspections.

To explore the intricacies of asbestos inspections, Angelo Garcia, III of Future Environment Designs, Inc., will be moderating a distinguished panel at PACNY's 2025 Environmental Conference on Thursday, February 27, 2025. The panel will dive deep into the importance and differences in asbestos inspections from various perspectives. This includes Tom Laubenthal of TGL Consulting and ASTM E2356 Chairman, who will discuss the ASTM asbestos inspection standard, Chris Alonge now with Dormitory Authority of the State of New York (DASNY) who will provide insights from an owner's perspective, Marc Rutstein from Environmental Consulting & Management Services, who will offer a consultant's viewpoint and highlight the differences between NYCDEP and NYSDOL inspections, and Matt Brooks from International Asbestos Removal (IAR), who will speak on the contractor’s perspective.

Asbestos pipe insulation with fitting insulation

Asbestos inspections play a vital role in identifying materials that may contain asbestos before they are disturbed. This proactive approach not only prevents worker exposure but also ensures that proper abatement procedures are followed. A well-executed asbestos inspection is the first line of defense against the release of airborne asbestos fibers, which can be deadly when inhaled.

Understanding the Importance of Homogeneous Areas

At the heart of every asbestos inspection is the process of determining whether a material is classified as a surfacing material, thermal system insulation, or miscellaneous material.  Once the material type is identified, the inspector must establish whether the materials are homogeneous.  According to the EPA’s Asbestos Hazard Emergency Response Act (AHERA), a homogeneous area is defined as one where the material is uniform in color and texture.  

Floor tiles and numerous homogeneous areas

However, that is not the only definition of homogeneous area/material.  For example, the American Society for Testing and Materials (ASTM) has established a Standard Practice for Comprehensive Asbestos Surveys (ASTM E2356-18) in this standard the definition of homogeneous area is surfacing material, thermal system insulation material, or miscellaneous material that is uniform in color and texture and apparent or known date of installation. The other definitions that are used by inspectors also include some reference to installation or formulation in addition to color and texture.  This classification is crucial because it informs the number of samples that must be taken to accurately assess the presence of asbestos.

Sampling Procedures: The Foundation of a Successful Inspection

For surfacing materials, the size of the homogeneous area directly influences the number of samples needed. Under the EPA’s guidelines, inspectors follow the “3-5-7 rule.” This means that three samples are required for areas smaller than 1,000 square feet, five samples for areas between 1,000 and 5,000 square feet, and seven samples for areas larger than 5,000 square feet. Additionally, the EPA’s “Pink Book,” formally known as Asbestos in Buildings: Simplified Sampling Scheme for Friable Surfacing Materials, recommends taking nine samples per homogeneous area, regardless of the square footage, for increased accuracy.

Asbestos Fireproofing

For thermal system insulation, the process differs slightly. Inspectors must determine if the material is homogeneous, patch material, or material used on fittings like elbows and valves. Homogeneous areas of thermal system insulation require three samples, while patch materials smaller than six linear or square feet only need one sample (the only time one sample is allowed). Cement or plaster used on fittings must be sampled based on the specific mechanical system in question, and a minimum of two samples is required for each system. However, the EPA in A Guide to Performing Reinspections Under AHERA strongly advises taking at least three samples in larger homogeneous areas, even if regulations don't mandate it.

For materials such as joint compound and add-on materials, however, the EPA’s “Asbestos Sampling Bulletin dated September 30, 1994” specifies that three samples are required for each material. These distinctions are critical for asbestos inspectors to ensure compliance and accuracy in their assessments (see our original blog post on asbestos surveys).

In May 2007, the EPA provided important clarification on sampling requirements.  Mr. Chris Alonge, at the time, was working for New York State Department of Labor (NYSDOL) and he requested clarification regarding the number of samples that should be taken for each suspect asbestos-containing homogeneous miscellaneous material.  The clarification was distributed by the Professional Abatement Contractors of New York (PACNY) in November 2007. According to this clarification, the minimum number of samples that should be taken of miscellaneous materials (i.e., floor tiles, roofing, caulk, ceiling tiles) is two (see our original blog post on this issue).

Respirator and protective clothing should be worn by the inspector during sampling

Following proper sampling protocols is crucial because asbestos is considered present if any one of the samples from a homogeneous area contains more than 1% asbestos. Conversely, if all samples return asbestos concentrations at or below 1%, the area is deemed asbestos-free—though it’s important to remember that materials containing 1% or less of asbestos are still regulated under OSHA’s asbestos standard (see the Varga letter).

The Legal and Health Implications of Incomplete Inspections

Inadequate or incorrect asbestos inspections can have severe consequences.  From a legal standpoint, failing to adhere to EPA and OSHA regulations can result in hefty fines and penalties.  Remember neither regulation has a specific end date for buildings not containing asbestos (see our post Is There an Appropriate End Date for Asbestos Use?).  More importantly, from a health perspective, improperly identifying or failing to identify asbestos-containing materials (ACMs) can expose construction workers to dangerous fibers, leading to long-term health problems.  Given that asbestos-related diseases may take decades to develop, the human cost of negligent inspections can be devastating.

The closet door with asbestos core was cut without any precautions costing over $30,000 to clean up the contamination.

Mr. Tom Laubenthal wrote EPA in November 2014 regarding The Standard Practice for Comprehensive Asbestos Surveys (ASTM E2356-18) Pre-Construction Survey (section 8 of the standard) meeting the requirement under National Emissions Standards of Hazardous Air Pollutants (NESHAPS) of a thorough inspection.  EPA responded that they would expect an owner/operator to follow the steps in Sections 1 through 5 and Section 8 to comply with the NESHAPS regulation. This standard provides a framework for conducting thorough asbestos inspections, particularly in pre-construction scenarios, ensuring that no asbestos-containing material goes unnoticed.

Conclusion: The Essential Role of Inspections

Asbestos inspections are the cornerstone of any effort to protect workers from exposure to this hazardous material. By adhering to the EPA’s and OSHA’s strict sampling and inspection guidelines, inspectors can identify asbestos-containing materials before they are disturbed, reducing the risk of airborne fibers and subsequent health issues. Given the serious implications of asbestos exposure, thorough inspections are not just a regulatory requirement—they are a moral imperative in safeguarding the health and well-being of workers.

Asbestos Floor Tiles disturbed before identification led to a clean-up costing over $250,000

In the end, the responsibility lies with all stakeholders—building owners, contractors, and asbestos inspectors alike—to ensure that every construction or renovation project is free from asbestos hazards. As inspectors, staying current on regulations, maintaining rigorous sampling standards, and educating clients on the risks and regulations associated with asbestos are critical components in this ongoing battle against a deadly substance.

The asbestos inspection panel promises to be an invaluable session for professionals across the construction, consulting, and regulatory industries. With these diverse viewpoints, we aim to shed light on the critical role inspections play in protecting workers and ensuring compliance with ever-evolving asbestos regulations.  Asbestos inspections are not just about checking boxes—they are about saving lives.