Is There an Appropriate End Date for Asbestos Use?

When we first became an asbestos consultant over 39 years ago, we remember people telling us that buildings will remove all their asbestos materials in 5 years, 10 years, or 15 years depending on who we talked to.  Well, asbestos is still in buildings and this article is about why there are many years still left in this industry.  In the construction industry, there are some who think that a certain year was the end of asbestos use in building materials.  Over the years we have reviewed many asbestos inspection reports or property transfer reports (phase I environmental audits) reporting that since a building or a part of a building was built after 1980 there are no asbestos-containing materials.  The companies making this statement assume that the federal government banned all asbestos-containing materials in 1980.  In New York State, the Department of Labor (NYSDOL), which regulates asbestos abatement, uses the year 1974 in the regulations for determining which buildings require the assumption of building materials that contain asbestos.  While the federal government, under the Occupational Safety and Health Administration (OSHA) regulation 1926.1101 (k) (1), requires building owners to presume surfacing materials, and thermal system insulations, installed prior to 1980, to contain asbestos.  To refute this presumption these materials must be sampled.  Regarding asphalt and vinyl flooring materials installed no later than 1980 must also be considered asbestos-containing or sampled to refute the designation.  In addition, the regulation also requires if the employers/building owners have actual knowledge, or should have known through the exercise of due diligence, that other materials are asbestos-containing they too must be treated as such.  Owners are required to handle these building materials as asbestos-containing materials (ACM) until a certified asbestos inspector takes samples of the materials, in accordance with the Environmental Protection Agency's (EPA's) Asbestos Hazard Emergency Response Act (AHERA), and the samples verify the materials do not contain asbestos (which usually means multiple samples of the building material have to been taken and all samples must have results that no asbestos is in the building material).  However, are 1974 or 1980 appropriate dates to use in making a determination whether building materials can contain asbestos?  We think not!

Terrazo?

The Ban and Attempts to Ban Asbestos

The federal agency with the responsibility for banning asbestos is the EPA.  This agency, under the National Emissions Standards for Hazardous Air Pollutants (NESHAPS), banned the use of asbestos for sprayed-on application of fireproofing and insulating in 1973 and for decorating purposes in 1978.  In 1975 EPA’s NESHAPS regulation also banned the installation of pre-formed (molded) asbestos block insulation on boilers and hot water tanks and the wet-applied and pre-formed (molded) asbestos pipe insulation.  Since two of these bans did not go into effect until after 1974, the New York State end of use date is not appropriate and the construction industry should not use it to determine buildings that contain asbestos.  In 1985 EPA published "Guidance for Controlling Asbestos-Containing Materials in Buildings" which has become known as the "Purple Book".  The Purple Book in Appendix A has a list titled "Asbestos-Containing Materials in Buildings".  This list shows a large number of asbestos-containing materials that were still being used in 1981.  Based on this information, it seems 1980 is not an appropriate end date for asbestos use, including asphalt and vinyl flooring materials.  Under a separate regulation, the Toxic Substances Control Act (TSCA), EPA tried to ban and phase out the use of asbestos in 1989.  In 1991 the “Asbestos Ban and Phaseout Rule,” as the rule became known as, was vacated and remanded by the U.S. Fifth Circuit Court of Appeals.  In 1993 EPA stated that corrugated paper, roll board, commercial paper, specialty paper, flooring felt, and new uses of asbestos were still subject to the ban.  Vacating the “Asbestos Ban and Phaseout Rule” meant that a number of building materials could contain asbestos such as asbestos-cement corrugated sheet, asbestos-cement flat sheet, asbestos clothing, pipeline wrap, roofing felt, vinyl-asbestos floor tile, asbestos-cement shingle, millboard, asbestos-cement pipe, automatic transmission components, clutch facings, friction materials, disc brake pads, drum brake linings, brake blocks, gaskets, ceiling tiles, non-roofing coatings, and roof coatings are not banned and could still be used in buildings.  The recent attempt to ban asbestos was made under the amended TSCA regulation.  In 2016, President Barak Obama signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act that amended TSCA and made needed improvements to the law including requiring risk-based chemical assessments.  In 2019 EPA published a final rule called the Significant New Use Rule (SNUR).  The SNUR requires manufacturers and importers to receive EPA approval before starting or resuming manufacturing and importing or processing of asbestos.  Materials subject to this law include adhesives; sealants; roof coatings; arc chutes; beater-add gaskets; extruded sealant tape; and other tapes; filler for acetylene cylinders; high-grade electrical paper; billboard; missile liner; packings; pipeline wrap; reinforced plastics; roofing felt; separators in fuel cells and batteries; vinyl-asbestos floor tile; cement products; woven products; and any other building material.  It is obvious that this law does not ban asbestos nor does it really answer the question of how much asbestos is in commerce currently.  

Electrical wire insulation

Asbestos Used Still Today

Is there an appropriate end date for asbestos use in buildings?  Some headlines indicate the answer to this question is no.  These headlines indicate that some current building materials are contaminated with asbestos or still contain asbestos sufficiently enough for the materials to be considered asbestos-containing materials.  For example, the Asbestos Disease Awareness Organization (ADAO) reported in November 2007 that they sampled a number of current building materials and determined that DAP’s “33” window glazing and “crack shot” spackling paste and Gardner’s leak stopper roof patch all contained asbestos.  DAP’s “33” window glazing was purchased at Home Depot and Lowes for the purpose of the study and contained 2.6% tremolite, and 0.13% chrysotile asbestos (2.73% total asbestos).  DAP’s “crack shot” spackling paste was also purchased at Home Depot and Lowes and contained 0.98% tremolite, and 0.066% chrysotile asbestos (1.05% total asbestos).  Gardner’s “leak stopper roof patch,” along with other products by Gardner, is listed with the National Institute of Health as known asbestos-containing material on the open market and contained 11% chrysotile asbestos.  It is important to remember that the definition of asbestos-containing materials is any material that contains greater than 1% of asbestos in the material.  Though this does not apply to the OSHA asbestos regulation which is more concerned about how much asbestos gets in the air from a material that contains any asbestos.  In addition, the New York Times reported on July 20, 2001, that W. R. Grace & Company’s Monokote (probably #5) fireproofing spray product (used in the late 1980s) was contaminated with tremolite asbestos.  The Seattle Post-Intelligencer reported on February 8, 2005, that seven of W. R. Grace & Company’s current or former executives were indicted on federal charges that they knowingly put their workers and the public in danger through exposure to vermiculite ore contaminated with tremolite asbestos from its mine in Libby, Montana.  In 1990 W. R. Grace & Company closed the mine but the ore was used as attic and wall insulation, wallboard, and fireproofing into the early 1990s.  The asbestos content in these materials can be as high as 2%.  In research conducted by EPA on vermiculite attic insulation in 2001 and 2002, found homeowners that use their attics could be exposed to airborne asbestos fibers above the OSHA permissible exposure limit (0.1 fibers/cubic centimeters).

asbestos woven products

The Liability of Ignorance

Since there is no total ban on the use of asbestos in building materials, it means that 1974 or 1980 are not appropriate cut off dates on the use of asbestos in building materials.  This means all buildings or facilities no matter when they were constructed should be inspected for asbestos-containing materials.  EPA's NESHAP regulation 40 CFR 61.145 Standard for demolition and renovation requires buildings/facilities to be thoroughly inspected before the renovation or demolition, no matter what date the building was built.  It also means that the construction industry should be very careful when working on buildings after these dates because it is possible that if an asbestos inspection or survey was done it may have not been done properly.  From our experience, we've seen inspectors not sample roofing materials, joint compound, sheetrock, textured paint, siding shingles, and window caulking just to name a few building materials that should be sampled.  Building owners, banks, facility managers, architects, engineers, general contractors, and subcontractors should not think that because the EPA regulation requires an inspection, and if the inspection is not done correctly that there is no chance for a violation or liability.  OSHA requires that employers inform their workers of all the potential hazards at a project (job) site.  Should materials that were not inspected turn out to be asbestos-containing or even if the sample result is 1% or trace asbestos and the exposure exceeds the permissible exposure limit (0.1 fibers per cubic centimeter based on an eight hour time-weighted average) or the excursion limit (1.0 fibers per cubic centimeter over thirty minutes) the employer would be in violation of the OSHA asbestos regulation.  No matter the construction date of the building.  The building owner could then face third-party litigation from the workers if they develop a disease (mesothelioma being the most significant because of its direct tie to asbestos exposure) from such an exposure.  In addition, the AHERA regulation which applies to public and private schools (kindergarten to 12th grade)  requires that architects that design new schools or renovations of existing schools certify that the building materials used do not contain asbestos.  Utilizing safety data sheets (SDS), which are required for most building products, to certify the products would not be sufficient considering that DAP’s SDS (discussed above) did not mention the asbestos contamination in the product and the NESHAPS regulation requires building materials to be sampled for the content of asbestos.  Meaning the only way to certify the products to limit liability would be to have suspected materials sampled and analyzed for asbestos.  It is very important for building owners, banks, facility managers, architects, engineers, general contractors, sub-contractors, asbestos inspectors, and phase I environmental auditors to realize that although the asbestos regulations refer to dates before 1980, inspections are advisable and required under the EPA's NESHAPS & OSHA's asbestos regulations since the installation of asbestos-containing materials into buildings can continue to this day.

Fire Door

Future Environment Designs Training Center's Pandemic Policy, Updated Policy 06/19/21!

Future Environment Designs Training Center (FEDTC) recognizes that the safety and health of our clients and their family are our shared concerns.  We also recognize that our clients need to renew licenses that are necessary to perform work in the field and that in-person classes are required by law.  FEDTC always reserves the right to refuse to train anyone we feel may be too ill to attend a course.  We will and can hold a private class at a mutually beneficial time after they have gotten better for these individuals.  Until this pandemic has ended we will follow the following procedures to reduce the potential interactions that could increase the risk of spreading disease (on June 19, 2021, we have modified our procedures based on the revised Centers for Disease Control (CDC) Policies and that we were immunized on April 18, 2021 (Pfizer 2 shots).  This policy will remain in effect until the pandemic is over (revisions are underlined):

Social Distancing Policy:
During training classes, the instructor and the students will be requested to:

• All students & instructors before they leave home should take their temperature (it should be less than 100 degrees Fahrenheit) and document absence of shortness of breath, new or change in cough, sore throat, loss of smell or taste, and muscle aches.  They should also check the CDC website for other symptoms at https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html.  If possible, take the CDC self-check found at the site.  If you are ill or your temperature is above 100 degrees Fahrenheit they should call to reschedule the course.
• All students upon arrival will be asked what their temperature was before they left home, and do they have any of the symptoms of shortness of breath, new or change in cough, sore throat, and muscle aches.  We will also use a contactless thermometer to measure forehead temperature.  If students answer yes to any questions or the thermometer measurement is above 100 degrees Fahrenheit the student will not be allowed to attend training and must reschedule.
• All students will also, be asked if they are vaccinated and to show proof of vaccination (we recommend students use the NYS Excelsior Pass App).
• All students will be encouraged to bring and wear a face-covering during the training (FEDTC will provide face coverings, when available).  Students who prove they are vaccinated do not need to wear masks or social distance as per the CDC.
• FEDTC will be using our larger training rooms and advising students to sit at least 6 feet from each other and avoid person-to-person contact such as shaking hands.
• Instructors will perform all training at least 6 feet from students, will wear face coverings during training, and we are immunized.
• Cover coughs and sneezes using tissues or into the elbow of your sleeve.  To prevent droplets containing germs from entering the air or contaminating your hands.
• Wash your hands frequently with soap and water for at least 20 seconds (sing "Happy Birthday" twice).
• Use waterless hand sanitizer where soap and water (which are preferred) are not available.
• Instructors will avoid any unnecessary travel and cancel or postpone any courses they are feeling unwell or shall use a face covering while training.
• Instructors will be provided with a kit to help with the recommended procedures.

Pandemic Kit:

The pandemic kit each instructor will be provided with will include:

• Tape measure
• Surgical masks, when available
• N95 Disposable Respirators, when available
• Hand Sanitizers, when available
• Tissues
• Cleaning Disinfectant Wipes for cleaning tables
• Forehead Thermometer

Training Courses:

At the beginning of the course we will go over the basic steps for personal protection & prevention.  This will include a slide set and video regarding basic information on protection and prevention before the course begins.

FEDTC feels these steps will help reduce the risk of spreading disease and still enable students to refresh training in accordance with current regulations.  Should you have any questions feel free to give us a call.  Be safe! 

When Do Asbestos Certificates (Hard Cards) Expire Under COVID-19? New Update: No more extensions!

… … …

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.

A Merry Holidays and a Happy New Year! We wish you a New Year better than the last one and the best one yet!

Future Environment Designs Training Center (#FEDTC) wishes you and your family a Merry Holidays and a Happy New Year.  As we say goodbye and good riddance to 2020.  At the same time, we enter 2021 with hope and faith that the rest of the decade will be better than it started.  As we discussed, in December's Safety Suzy Newsletter this year the asbestos training industry was shut down from March to May, until we were allowed to do refresher classes virtually/online.  Then in-person training for initial training was opened in June and refresher classes were opened in July.  Since July, we were only allowed to hold classes at 50% capacity.  We're still running at 50% capacity and will continue to run at this level and follow our pandemic policy in our in-person classes until the pandemic is over.

Rockefeller Christmas Tree

In our December Safety Suzy, we announced an increase in our loyalty discount for students who trained with us in 2020.  The loyalty discount for 2021 has been increased to 25% (from 15%).  We thank all of you for your continued support of our business.  For those paying for a subscription or purchasing training services in advance, we are increasing the discount you receive for purchasing training services in advance.  See our Patreon website for more information.

Socially Distanced Asbestos Initial Class

We are proud to announce the addition of a new instructor at #FEDTC.  Mr. Ramon De Los Santos who is an Occupational Safety and Health Administration (OSHA) Outreach Training Instructor has over 15 years of construction experience in road construction safety.  Mr. De Los Santos is bilingual and speaks English and Spanish fluently.  #FEDTC will be adding Spanish OSHA 10-hour & 30-hour construction safety courses to our schedule.  We look forward to adding this training to our schedules along with Spanish versions of hazard communication/right-to-know; excavation, and fall protection courses.  Welcome aboard Mr. De Los Santos!

Fifth Avenue Star

Since the pandemic started we have added new on-demand/e-learn courses to our catalog.  We have added a two-hour Covid-19 awareness course, a 4-hour bloodborne pathogen course, and newly added to the catalog the AHERA designated person course.  The AHERA designated person course is required by the Environmental Protection Agency (EPA) under the Asbestos Hazard Emergency Response Act (AHERA) for the person that the Local Education Agency (LEA) designated as the individual responsible for ensuring the requirements of the AHERA regulation are properly implemented.  To register for this course or any of our on-demand/e-learning courses visit FEDTC's online training website.     

Socially Distanced Initial Mold Class

We are looking forward to seeing all of you in 2021.  We are also excited about the changes and opportunities coming our way.  Again, we wish you & your family a Merry Holidays and a Happy New Year!!!

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)

Long Island Enters Phase 4 and Future Environment Designs is Back in Business!

The Long Island region entered Phase 4 on July 8, 2020.  That same day Future Environment Designs was given permission to start offering in-person asbestos and mold refresher courses, again.  Though there are several restrictions with this reopening one of the more important restrictions is the requirement of social distancing in the class and the need to wear face coverings when that is not possible.  We are attempting to hold virtual classes and in-person classes every month.  Allowing you to have the option of whether you prefer to attend an in-person course versus a virtual course.  To see what our clients have been saying about our recent training courses visit our review page at CourseCheck.com at https://www.coursecheck.com/reviews/provider/76  

  

FEDTC Face Covering

For our in-person training courses, we are providing hand sanitizer and face coverings for all students attending the course.  We are requesting all students before attending any in-person course to take their temperature and go to the Centers for Disease Control (CDC) Covid-19 website  https://www.cdc.gov/coronavirus/2019-ncov/index.html.  At the CDC website, click on the self-check symptoms button and complete the Coronavirus Self Checker and follow the instructions after completing the self checker.  If the self checker says "Sounds like you are feeling ok.", "No Covid-19 testing needed at this time.", and your temperature is below 100 degrees Fahrenheit you can attend training.  Once you arrive we will also be taking your temperature to ensure before you attend the training that you are below 100.0 degrees Fahrenheit.

As we've written previously, we are using Go-To-Meeting as our platform for our virtual meetings.  We've had a few technical difficulties but otherwise considering we've only been using the platform for only three months it has worked pretty smoothly.  We are using several other tools to make the class interesting and fun.  We are using PollEverywhere.com to create discussions in the class regarding certain topics, every attendee is encouraged to access the Administrate portal before class so they can access the course manual and review for the exam, which at the end of class is also located in the portal.  In addition, we use CourseCheck.com for course evaluations.  As we continue with the new normal we will do everything we can to protect your safety in our classes and provide you with the information you have come to expect from coming to Future Environment Designs!  See you 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.

     

Asbestos Training Providers in New York State are Shutdown Due to Covid-19

New York State Department of Health (NYSDOH) has alerted us that NYS asbestos safety training has been deemed a non-essential service during COVID19, in accordance with Executive Order 202.6.  All asbestos training providers should discontinue providing asbestos safety training courses, effective immediately. The New York State Department of Labor (NYSDOL) is temporarily extending Asbestos Handling Certificate deadlines to help with this. More information from the NYSDOL can be found here  https://labor.ny.gov/workerprotection/safetyhealth/temporary-rules-licenses-certifications-exams.shtm.

Chrysotile Asbestos Cobbing Station

Asbestos training providers will be notified when these restrictions have been lifted.  Providers should not notify for classes until the restrictions have been lifted.  There is no need for an asbestos training provider to send cancellations for the classes already scheduled during the closure, NYSDOH will automatically cancel these classes.

Future Environment Designs Keeping Your Employees Safe

Obviously, Future Environment Designs Training Center (FEDTC) will comply with these requirements and we will contact you once we are allowed to schedule classes, again.  We will be using this break to update our training materials with information we gained from recent Professional Abatement Contractors of New York (PACNY) Environmental Conference.

Respirable Silica Exposure

FEDTC would like to remind everyone that we also have some online safety courses that can be useful at this time to comply with various regulations.  Some of the courses we have include Occupational Safety & Health Administration (OSHA) hazard communication training; NYSDOL Public Employee Safety and Health (PESH) Right-to-Know/HazComm training; OSHA respirator user training; OSHA Class IV worker/Environmental Protection Agency (EPA) asbestos awareness training; OSHA respirable silica training; New York City Department of Environmental Protection (NYCDEP) investigator/supervisor/handler exam prep; and mold awareness.  Please visit our website to learn more about these courses at www.futureenv.com.  You can register there to take these courses or contact us for special pricing for ordering more than one of these courses.  Thank you!

Future Environment Designs wishes all of you a Merry Holidays and a Happy New Year for 2020!

Future Environment Designs (#FEDTC) wishes you and your family a Merry Holidays and a Happy New Year.  As we say goodbye to 2019 and 2010 decade, it is a good time to reflect on all we accomplished in the last decade, including:

• Future Environment Designs achieving over 30 years in business.  Including writing a book called "Do As I Say, Not As I Did" about the experience.
• We have successfully added online registration for all our courses.
• We have created several online courses including NYCDEP Exam Prep, Asbestos Awareness, Hazard Communication with a New York State Department of Labor Right-to-Know component, Respirator User and OSHA Crystalline Silica Standard for Workers.  Expanding our client's ability to provide training for its workers. 
• We have digitized the course evaluation process.  To see how our students have been rating our courses visit our Coursecheck website.
• We have automated most of the reminder process.
• We have converted most of the asbestos and mold refresher courses into blended learning courses.
• We have continued to establish FEDTC as a resource of information.  Maintaining our position as a leading training provider in New York State.

2019 Rockefeller Center

As we say hello to 2020 and we look forward to the coming decade, the time is coming to hand over the reins of Future Environment Designs to a younger generation.  We expect this process to take most of the decade to ensure our clients are still provided the level of information and service they have come to expect from Future Environment Designs.  We expect more digitizing and blending of the courses moving into the future, including:

• All exams being moved online.
• Shopping cart added to the website.
• Revision of the website making it more mobile-friendly. 
• New online courses including Bloodborne Pathogens, Respirator Administrator, PCB Awareness, etc.

We are looking forward to seeing all of you in 2020 and during the upcoming decade.  We are also excited about the changes and opportunities coming our way.  Again, we wish you & your family a Merry Holidays and a Happy New Year!!!

Merry Holidays and a Happy New Year 

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

This year's Proficiency Day of the Professional Abatement Contractors of New York's (PACNY's) 23rd Annual Environmental Conference was approved to award three (3) professional development hours (PDH) for architects and engineers.  This was the first time the first day of the conference was recognized for this purpose.  The first day is typically short with two or three presenters allowing us to get the presentations to the Practicing Institute of Engineers for their review.  Attendees had to sign the attendance sheet and attend the presentations to receive the 3 PDHs.  Ms. Lisa Brown, Executive Secretary of PACNY sent out the certificates to those that attended the presentations.

Karen Cummings, MPH presenting on the Asbestos Safety Training Program

Starting the conference and the proficiency day was Ms. Karen Cummings, MPH presenting on the Asbestos Safety Training Program  "Overview and Updates".  Her presentation gave us insights into the asbestos training industry.  For a copy of her presentation visit our Dropbox folder on the Resources page of our website.  Ms. Cummings has been the Director of the New York State Department of Health's Asbestos Safety Training Program for just over a year and has been getting to know the program.  Her presentation gave asbestos training providers, an important opportunity to meet with her and her staff (Ms. Jessica Pierce, reviewer of training submittals, and Ms. Ida Berry, many of us have met her when she has audited our training courses, were both in attendance).  Her department in 2018 regulated 62 training providers that provided 26,251 training certificates.  Her presentation included several graphics providing us with a glimpse of the NYS asbestos training industry.  The high water mark for training was 2000 when approximately 3,838 training classes (refreshers and initials total) were held (in 2018, 3,401 training classes were held).  Ms. Cummings also informed us that the high water mark for training certificates was 2013 with 29,130 certificates issued.  We learned that the busy season for training providers runs from January to April with over a third of all classes being held in that time period.  Some other interesting points from Ms. Cumming's presentation: 15% of providers (training providers holding 100+ classes per year) taught over half the classes and issued two-thirds of the certificates; average exam scores by discipline were typically higher for refresher classes than initial classes (not surprising) except for the air sample technician discipline (surprising).

Angelo Garcia, III, CIEC, CEOP, presenting on Asbestos Inspections & NYCDEP Changes

The next presentation was a "Review of Asbestos Inspection Requirements" presented by Mr. Angelo Garcia, III, CIEC, CEOP, of Future Environment Designs with significant assistance from Mr. Peter Delucia and Mr. Greg Mance, both from AAC Contracting.  Mr. Delucia worked on the content and did the polling of the audience, while Mr. Mance assisted with the content and questions to the audience.   Our group effort paid off with a well-received presentation that provided the audience with interactivity and information on the various requirements for performing asbestos inspections.  This presentation can also be found in the Dropbox folder.

The final presentation was "New York City Title 15 Amendments" also presented by Mr. Angelo Garcia, III, CIEC, CEOP, and again this presentation can be found in the Dropbox folder.  This presentation was on the recent changes to the New York City Department of Environmental Protection's (NYC DEP's) Title 15 Asbestos Regulation (formerly known as Local Law 76).  These changes were made because of the arrest of 17 NYC asbestos investigators (see the above video on the press conference on the arrests) and the recommendations of the New York City Department of Investigations (NYC DOI).   These changes included additional requirements for NYC Asbestos Investigators and some changes to other parts of the asbestos regulations.  See our previous blog post on these new requirements.

TS Steakhouse Waitress making the "Gotham"

Overall it was a good start to the three-day conference.  Of course, what is a PACNY conference without snow?  It was snowing by the end of the presentations.  Though it did not seem to deter people from attending the President's Reception that evening or prevent us from getting the Gotham at the TS Steakhouse.  Stay tuned for Days Two & Three!

Related Articles:

• NYCDEP Asbestos Rule Amendment Goes Into Effect January 6, 2019
• Countdown to PACNY's 23rd Annual Environmental Conference Begins!

Merry Holidays and a Happy New Year From Future Environment Designs Training Center. The Only Constant is Change!

We wish all of you who read our blog and attend our classes a Merry Holidays and a Happy New Year!  We hope your 2019 is better than your 2018 and may it be healthy, prosperous, and joyful!

Rockefeller Center Christmas Tree

2019 will bring some changes to Future Environment Designs Training Center (#FEDTC).  The first change is to continue to grow our online training by providing training tokens to our clients who attend our asbestos & mold courses.  This added value to our current courses continues to distinguish us from our competitors.  So we can add training courses our clients/students would be interested in, we are asking our attendees for suggestions for classes we can develop into online training courses.  In addition, we are strongly considering becoming a New York State Education facility (we hope to have the financing for this undertaking within 2-3 weeks of the New Year).  This would allow us to offer the New York City training courses and provide the Site Safety Training cards.  It would also require us to expand the number of training instructors we use.  This will be a major undertaking and as many of you who know me, will take tremendous courage on my part to overcome my fears related to trusting others with my business.   2019 is already starting on a good beginning with several courses almost fully booked in the first quarter.

Bergdorf Goodman Window

No sooner than the New Year of 2019 rings in, New York City will be going through several changes.  The asbestos amendments to Title 15 will go into effect January 6, 2019, and the Indoor Allergen Rule goes into effect on January 16, 2019.  In New York State before the New Year hits (December 31) the minimum wage will go up.  In addition, don't forget to save the date for the Professional Abatement Contractors of New York's  (PACNY) 23rd Annual Environmental Conference on February 27-28 & March 1, 2019, at Turning Stone Resort & Casino in Verona, New York.  We will be your host for the February 27th, the proficiency day, where we will be discussing asbestos inspections/survey among other things.  We hope to see you there!  Again, we wish you a Merry Holidays & a Happy New Year!

Related Stories:

• NYC DEP Asbestos Rule Amendment Goes Into Effect
• NYC HPD Proposes Rules to Implement Indoor Allergen Hazards
• December 2018 Safety Suzy Newsletter
• Long Island's Minimum Wage Workers Getting a Raise
• Register for the PACNY Conference
• NYC Adds Training Requirements for Construction Workers
• NYC Site Safety Training website

 

Future Environment Designs Attends LITE 2018 - What Else Can We Do To Improve Our Offerings?

What has now become the annual trek to Edinburgh, Scotland to attend the Leadership Innovation Technology Evolution (LITE) conference was on September 20 and 21, 2018.  Just like the previous conferences, we came away from this conference inspired to continue to improve on our course offerings and increase the information we provide you.  We will continue to transition to online course evaluations, by using Surfaces connected to the course evaluation system we will go electronic for course evaluations.  We are also in the process of converting the asbestos refresher exams to be online.  That will probably take a while to accomplish, hoping to complete it within the next year.

Vicky Kavanagh of Administrate Discussing the Advantages of Blended Learning

Presentations by Vicky Kavanagh of Administrate, Sandy Rushton of Bright Carbon, and Graham David of Blue Bettle Productions taught us how to improve our presentations and make them more informative and entertaining.  Vicky Kavanagh's presentation helped us to determine what else we can we do with the blended learning environment we created.  Sandy Rushton's presentation taught us how animations in powerpoint presentations can help keep learners focused on the message.  Graham David's presentation encouraged us to ask more questions in our presentations to make it more interactive.  These improvements you will see in the next courses and over the next year.

Sandy Rushton of Bright Carbon Discussing How to Improve Stories

We will be expanding our token program for providing access to additional online training courses, and increasing the topics we cover on these programs.  Starting January 2019, to add value to our training courses every registration will include a Silver Token that will be good for taking one online course and will be good for a year.  Our current online courses include courses on respirators, crystalline silica, asbestos awareness, and New York City asbestos handler/supervisor exam review course.  The next courses we are working on is a New York City asbestos investigator exam review course and a Hazard Communication/Right-to-Know Course.  We hope to have these courses available before the New Year.

#LITE2018 was Inspiring and Informative as Previous LITEs

The #LITE2018 conference helped us learn more about the Administrate program and a new feature coming out down road called Learning Paths may help us develop even more courses.  The end of the first day was the annual Historic Pub Crawl which we enjoyed and included visiting three pubs the BeeHive Inn, Biddy Mulligans, and the Jolly Judge.  All three had old wooden bars that were quite impressive.  More interesting was the ability to drink outside the pubs in the UK, not just in a patio or a beer garden.  The Jolly Judge was in a courtyard where you were allowed to stand outside with your drink and while discussing the day's events.  LITE 2018 was another successful conference and we will be able to continue to expand our offerings because of the Administrate product.  

Pub Crawl was Fun & Good for Networking