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Showing posts with label mold remediation. Show all posts
Showing posts with label mold remediation. Show all posts

Wednesday, February 16, 2022

PACNY's Environmental Conference Is Back!! Counting Down The Days to March 3 and March 4, 2022!!!

The Professional Abatement Contractors of New York (PACNY) have announced the dates for their annual Environmental Conference to be held on March 3rd and 4th, 2022.  It will be held at the Turning Stone Resort & Casino in Verona, New York.  Visit Turning Stone Casino's website for pandemic questions.  To register for the conference or sponsor the conference click here!

Return of New York State Department of Labor Panel

Obviously, due to the pandemic, last year's conference was not held.  This year's conference goes back to the original format of two days - Thursday & Half-day Friday.  Thursday is usually the Professional Day and we're looking forward to the following presentations: a presentation by a New York State Department of Labor (NYSDOL) Inspector by Elizabeth Kirkland;  The Evolving Role of the NYS Project Monitor, and a roundtable discussion by PACNY experts on mold, that will include Jack Springston of ATCPACNY has asked us, (Angelo Garcia, III's, of Future Environment Designs, Inc. (FEDTC)), to speak and we will be presenting on the "Trials and Tribulations of Training During a Pandemic".  We hope our presentation will be an entertaining look into trying to maintain a training program during a pandemic.  We would like to thank Ms. Karen Cummings, M.P.H., Director of the New York State Department of Health's (NYSDOH) Asbestos Safety Training Program for providing us with data for our presentation regarding the number of asbestos training certificates issued during the last four years.  We would also like to thank Mr. Chek Beng Ng, P.E., Professional Engineer, of the NYSDOL Engineering Services Unit, for also providing us with the mold training data, since 2015, for our presentation.  With this information, it will be interesting to see the impact the pandemic had on training and in extension on the available workforce.   After the last presentation, we will head over to the Exhibition Hall with the Vendors/Sponsors of the conference and network with the attendees at the open bar.  Yes, that's right Happy Hour is back! 

Happy Hour At the Exhibition Hall

FEDTC is one of the sponsors of the conference again and will have a booth in the Exhibition Hall.  Ms. Sheryl Esposito is returning to be the woman at the booth.  Come by and say hello!  As we have in the past, we will be tweeting the conference.  To follow the conference on Twitter, you can search for the hashtag #FEDTCPACNY or you can follow on our Twitter account at https://twitter.com/angelogarcia3
  
Sheryl Esposito at the FEDTC Booth

Half-day Friday is Regulatory Day with the NYSDOL's Asbestos Control Bureau usually doing a brief presentation and then doing a questions and answers session.  One question certain to be asked will be when will the Fast Track Variances return?  Mr. Ed Smith, P.E., Program Manager of the NYSDOL Engineering Services Unit will be expected to answer that question.  This year we will have new people on the podium.  Dr. Eileen Franco has retired and the new director is Amy Phillips.  Mr. Kirk Fisher takes over for Mr. James Meacham, P.E. as head of the Enforcement Unit.  This ponders the question of who takes over the Licensing and Certification Unit?  Mr. Paul Demick, Associate Safety & Health Inspector, will be on the podium for the NYSDOL License & Certificate Unit.    Lunch on Friday is the last meal of the conference and the last chance to network with the attendees.  It will be good to get back to Turning Stone and see all our friends and business associates, again.  Hoping to see you there!

Thursday, January 24, 2019

NYC DEP Seeks Public Comments on Mold Notification Requirement

New York City Department of Environmental Protection (NYCDEP) is requesting public comments on a Notice of Mold Remediation Work.  A public hearing is being held on Wednesday, February 6, 2019, at 11:00 AM in the NYCDEP's 8th-floor conference room at 59-17 Junction Boulevard, Flushing, New York 11373.  The public comment period closes Wednesday, February 6, 2019.

Mold Growth in Corridor
Local Law Number 61 of 2018 (also known as Intro 978-D) amended the Administrative Code by adding a new Section 24-154, which provides that, before the performance of mold remediation work in certain buildings, the New York State-licensed mold remediation contractor must file a notice of mold remediation with NYCDEP no later than two business days before the project start date.  Section 24-154(c)(3)(b) further provides that notice may be filed within 24 hours after the project starts, instead of at least two days before, if the mold condition to be remediated poses an immediate risk of harm to any person or damage to property.  The purpose of the above public comment period is to establish a rule when such risk of harm exists.  In other words what the exception for two-day notification would be.  NYCDEP is proposing that projects that have at least 30 square feet or more of visible mold within one room or excessive water accumulation or flooding exists could notify NYCDEP 24 hours after the project starts with appropriate documentation that the condition exists.
Mold Abatement/Remediation/Assessment Course for Article 32 Licensing
Local Law 61 of 2018 went into effect on January 1, 2019.  The law requires licensing pursuant with New York State Department of Labor's Article 32 "Licensing of Mold Inspection, Assessment, and Remediations Specialists and Minimum Work Standards Law" to assess, remediate, and abate for mold incidents larger than 10 square feet.  The bill applies to residential buildings containing 10 or more units or commercial buildings larger than 25,000 square feet.  This law prohibits the owners or their direct employees from performing mold remediation or assessment work, which Article 32 allows.  Under this law, the person holding a mold assessment license must file with the NYCDEP a mold remediation form and work plan as well as a mold post assessment form and a mold certification form.  These forms are located at NYCDEP's Air Pollution website under Mold Remediation and Assessment.  It appears it will be an electronic submission and consists of a 6-page form for the mold remediation plan and a 4-page form for the mold post-assessment. 


Wednesday, January 09, 2019

Most Frequently Cited OSHA Standards in Fiscal Year 2018

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

  1. Fall Protection, construction (1926.501)
  2. Hazard Communication Standard, general industry (1910.1200)
  3. Scaffolding, general requirements, construction (1926.451)
  4. Respiratory Protection (1910.134)
  5. Control of Hazardous Energy (lockout/tagout), general industry (1910.147)
  6. Ladders, construction (1926.1053)
  7. Powered Industrial Trucks, general industry (1910.178)
  8. Fall Protection - training requirements, construction (1926.503)
  9. Machinery & Machine Guarding, general requirements, general industry (1910.212)
  10. Eye and Face Protection (1926.102)
OSHA performed a total of 32,020 inspections in FY 2018.  In 2017, there were 971 fatalities in the construction industry which were 20.7% of total private industry fatalities.  The fatal four (falls, struck by, electrocution, & caught-in/between) were responsible for 59.9% of construction worker deaths in 2017.

The top 10 violations in the Remediation Servies Industry (which includes asbestos abatement, lead abatement, crime scene cleanups, oil spill cleanup, mold remediation, and hazardous materials remediation companies) were:
  1. Asbestos (1926.1101)
  2. Respiratory Protection (1910.134)
  3. Lead (1926.62)
  4. Hazard Communication (1910.1200)
  5. Permit-required Confined Spaces (1910.146)
  6. Inorganic arsenic (1910.1018)
  7. Duty to have Fall Protection (1926.501)
  8. Electronic Submission of Injury and Illness Records to OSHA (1904.41)
  9. Scaffolding, general requirements (1926.451)
  10. Ladders (1926.1053)
Interesting how the top four violations in the remediation industry should be the industry's specialty.


Since the silica standard has been in effect since September 23, 2017, we looked to see how many citations were issued in FY 2018.  OSHA performed 202 inspections in reference to the silica standard (1926.1153) and issued 556 citations for total penalties of $815,426.  The top 10 industries cited were:
  1. Masonry Contractors
  2. Poured Concrete Foundation and Structure Contractors
  3. Commercial & Institutional Building Construction
  4. Water & Sewer Line & Related Structures Construction
  5. Highway, Street, & Bridge Construction
  6. Site Preparation Contractors
  7. Residential Building Contractors
  8. Flooring Contractors
  9. All Other Specialty Trade Contractors
  10. Siding Contractors

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

Monday, May 07, 2018

PACNY's Environmental Conference, Part Three - Bomb Cyclone Hits

Winter Storm Riley at Turning Stone Casino
On the final day of the Professional Abatement Contractors of New York (PACNY) 22nd Annual Environmental Conference, we awoke in the middle of Winter Storm Riley which turned into a Nor'easter and hit Turning Stone Casino between Thursday night & Friday Morning, March 1-2, 2018 with about 7 inches of snow.  Some attendees left before the storm hit putting a further dampener on attendance.  Because of the storm, there was some concern that New York State Department of Labor (NYSDOL) would not be able to attend.  Because of a good Samaritan who helped NYSDOL representatives who were in the area get to the conference and the technological genius of Bob Krell, of Healthy Indoors Magazine, and Kevin Hutton, of Cornerstone Training, Dr. Eileen Franko was also present.

Peter Delucia, of AAC Contracting, discussing Crystalline Respirable Silica
The last day of the conference started with Peter Delucia, AAC Contracting, discussing "Managing the Many Facets of the Silica in Construction Standard."  Mr. Delucia did a great job presenting on topic and provided some excellent references related to preventing exposures, sampling, and complying with the Occupational Safety and Health Administration (OSHA) silica standard 1926.1153.  Mr. Delucia's presentation helped us develop our training courses for silica and our blog post "OSHA's Silica Standard - What's All the Fuss About?, Part Two".

NYSDOL's Presentation with Dr. Franco on Screen

The final presentation of the conference was the managers from NYSDOL, the Director Dr. Eileen Franko, present by video conference; Program Manager of Asbestos Control Bureau, Mr.  James Meachum PE;  Program Manager of Licensing & Certification Unit, Mr. Kirk Fisher; and Program Manager of Engineering Services Unit, Mr. Ed Smith, PE.  Some of the major points included:

  • Mr. Smith, announcing that they are looking into releasing some Fast Track Variances that would speed up the process of filing for a variance.  These variances could be used as they are written with no changes and those could be approved faster.
  • Mr. Smith gave us an update on the changes to Industrial Code Rule 56, including a Senate Bill (S06492) and Assembly Bill (A08254) that would remove the 1974 date from regulation for demolitions.  Mr. Smith also discussed some of the changes to New York City Department of Environmental Protection (NYCDEP) asbestos regulation Title 15.
  • Mr. Fisher announced a change in filing for a mold license for assessment and remediation companies that will require separate applications for a company license and an individual license for owners.
  • After being questioned when the removal of social security numbers from asbestos application process would happen.  Mr.Fisher informed us that would not happen in the foreseeable future.  The system they have is antiquated and there is no funding for updating it.  The system uses social security numbers to identify the holders of the various certificates.
  • Mr. Meachum discussed full-time asbestos project monitoring and the responsibilities of the project monitors being added to asbestos variances.
  • Mr. Meachum discussed the mold fact sheets that NYSDOL developed and they strongly recommend the fact sheets be provided to mold assessment/remediation clients.  In addition, Mr. Meachum announced that the first violations were sent out under Article 32, the Mold Licensing Law.  The violations were for not having a license and performing work and/or advertising as a mold professional. 

Steve Winograd & me at the PACNY Conference 
Attendance on the last day was down but it was still an excellent conference with lots of useful information.  We cannot say this enough about the excellent and hard work that Ms. Deborah Sanscrainte, of Aramsco, the conference chairperson and Ms. Lisa Brown, of Summit Environmental, Administrator put in to make the conference as good as it is.  Congratulations to the PACNY Board, as they continue to show why they are leaders for the abatement industry in New York State.

Monday, April 17, 2017

PACNY's Environmental Conference - The Very Technical Sessions - Day Two!

The second day of the Professional Abatement Contractors of New York (PACNY) environmental conference at the Turning Stone Casino in Verona, NY started with the Technical Sessions.  The day started with opening remarks from Sean Hart, of Energy & Environment, President of PACNY and Deb Sanscrainte, of Aramsco, the Conference Chair.  This year's Technical Session seemed much more intense & focused with a lot of good information presented.  The presentations kicked off with Dr. Martin Rutstein, of Ecological Consulting & Management Services, discussing "Talc with Tremolite & Other Amphiboles." Discussed the issues of talc contaminated with asbestos or silica and the potential for diseases correlated to talc related asbestosis, silicosis or talcosis.  Dr. Rutstein's presentations are always entertaining and are eye opening in regards to the science of geology.  The next presenter was Mr. Tom Laubenthal, of The Environmental Institute (a division of ATC Group Services) discussing "Using ASTM E2356 Standard Practice for Comprehensive Building Surveys".  Mr. Laubenthal's discussion brought up interesting points regarding the use of Safety Data Sheets (SDS) and Architect/Engineer Certifications of no asbestos containing materials used as part of the Environmental Protection Agency's (EPA's) Asbestos Hazard Emergency Response Act (AHERA) and its applicability for the purposes of a "thorough inspection" under the EPA's National Emission Standards for Hazardous Air Pollutants (NESHAPS).  After Mr. Laubenthal's presentation, we took a break to wander the Vendor Exhibit Hall and meet with some of the vendors like Grayling/ILC Dover (glovebags, etc.) and AMA Analytical (laboratory services).

Mr. Ed Stuber, of Galson Laboratories
We returned from the break for Mr. Ed Stuber's, of Galson Laboratories, update on the "Occupational Safety and Health Administration's (OSHA's) Silica regulation."  One of the key points of his presentation is that the silica standard is no longer a moving target.  Previously, the standard was based on a formula.  The current standard has a set permissible exposure limit (PEL) of 50 micrograms per cubic meter and a set action level of 25 micrograms per cubic meter.  In additions, it is very important to ensure you see the lab's proficiency testing data because labs that analyze silica samples have till June 23, 2018 to comply with the OSHA standard.  Dr. Chris Goulah, of EMSL Analytical, presented on "Legionella".  The presentation was on the New York City outbreak in 2015 and the regulations created by New York City (NYC) and New York State (NYS) to protect against Legionella.  Dr. Goulah's presentation noted that Legionnaires' Disease is on the rise since 2000 and that most cases are the result of exposure to Legionella asssociated with building water systems (potable & non-potable).  Mr. Jim Redmond, of Associated General Contractors of NYS, gave us a "Regulatory Update on OSHA."  Mr. Redmonds discussed the electronic submission of injuries and illnesses (goes into effect on July 1, 2017 for more information visit OSHA's website) and construction industry citations based on the multi-employer work-site policy (creating, exposing, correcting, & controlling).  We then broke for the buffet lunch and another stroll through the Exhibit Hall and meet vendors like DiVal Safety Equipment and Frederico Demolition.

Brent Kynoch of EIA
The afternoon started with Dr. James Haklar, from EPA Region 2, discussing "Polychlorinated Biphenyl (PCBs) Case Studies".    Dr. Haklar's presentation discussed the primary sources of PCBs in buildings (caulk, fluorescent light ballasts, paints and mastics) and secondary sources (building materials contaminated by releases of PCBs from the primary sources).  Dr. Haklar's presentation also discussed exposure levels for evaluating PCBs in Indoor School Air (to keep the total exposure below the oral reference dose of 20 nanograms PCB per kilogram-day) and the EPA's agreement with NYC.  Up next was Mr. Brent Kynoch, of the Environmental Information Association (EIA), updating us on "What Does Toxic Substance Control Act (TSCA) Reform Mean to the Asbestos Abatement Industry?"  Mr. Kynoch discussed "unreasonable risk" and the EPA's need to take final risk management action within 2 years or 4 years if an extension is needed.  In addition, Mr. Kynoch informed us that asbestos was selected in the "Top 10" chemicals for review by EPA and as of the PACNY conference the public comment period was open (it has since closed, here is the docket information:  https://www.regulations.gov/docket?D=EPA-HQ-OPPT-2016-0736).  The final speakers for the day were Mr. Cole Stanton, of Fiberlock Technologies, and Mr. Fred Schauf, of Spectrum Environmental presenting on "Environmental Indicators: Changes in Policy and Practice that WILL Impact Restoration & Abatement in 2017 -2018 and Beyond."  Mr. Stanton and Mr. Schauf discussed the 2016 Indoor Air Quality Association (IAQA) report to NYS Department of Labor (NYSDOL).  This report indicated the following:

Mr. Cole Stanton, of Fiberlock Technologies, and Mr. Fred Schauf, of Spectrum Environmental
  • Remediators perform own assessments/final inspections
  • Mold Remediation Plans are incomplete:
    • No quantities per work area
    • No Personal Protective Equipment (PPE) mentioned
    • EPA registered biocides etc. without specifying a product
    • No method for remediation, only "industry standards"
    • No cost estimate
  • Non NYSDOL licensed assessors provide the inspection/assessment.
  • Real Estate agents are assessing and preparing Mold Remediation Plans for properties they are listing (does not appear to violate Article 32, it does appear to violate their code of ethics.)
  • Mold remediators are still providing homeowners with checklist used as assessment and mold remediation plan
  • and/or, No Mold Remediation Work Plans provided.
  • Training Quality needs significant improvement:
    • Incorrect information presented, such as: asbestos testing is not necessary as mold takes precedence over asbestos containing materials; a check list by the homeowner is OK; sampling is required; biocides are preferable to removal.
    • Classes last less than 5 hours a day
    • Mold assessment classes being taught by teachers without mold experience.
Vendor Reception in the Exhibit Hall
That ended the Technical Sessions on day 2.  The Vendor Reception in the Exhibit Hall started, where further networking with the vendors and the attendees continued.  It was a very informative day 2 and the amount of information was fantastic.  Looking forward to day 3 and our presentation.  Thank you to the Long Island contingent that attended the conference this year.


Part of the Long Island Contingent that Attended This Year 
Related articles:

Monday, August 24, 2015

NYS Mold Law Changes, Licensing Requirement Goes Into Effect January 1, 2016

On July 25, 2015 Governor Andrew Cuomo signed the Chapter Amendments to Article 32 of the New York State Mold Law.  The Chapter Amendments modify Article 32 adding new information, clarifying wording, and most importantly adding a deadline for licensing.  The deadline for licensing is now January 1, 2016.  

To assist people with the licensing requirements, Future Environment Designs has submitted three courses (mold worker, a two day course; mold remediation contractor a three day course; and mold assessment consultant, a four day course) for approval to New York State Department of Labor (NYS DOL).  We are hoping to be approved before November so we can start holding these classes in November & December, 2015 (give us a call to make arrangements).  

Mold Remediation Project in Nassau County. Licenses will be Required by 01/01/16.
NYS DOL has created a NYS Mold Program website.  At present, it has the original legislation, the chapter amendments and sample course outlines for the three licenses, along with an FAQ.

In our blogpost on February 7, 2015 we discussed the details of the law.  Some of the Chapter Amendments to Article 32, that revises the law include:
  • a modification of the definition of mold to "any indoor multi-cellular fungi".
  • Addition of the word "Project" and its definition, "means mold remediation, mold assessment, or mold abatement, of areas greater than ten square feet, but does not include (a) routine cleaning or (b) construction, maintenance, repair or demolition of buildings, structures or fixtures undertaken for purposes other than mold remediation or abatement."  So licensing is not required for routine cleaning (this seems like it could be abused) and mold projects 10 (2' x 5') square feet (SF) or less.
  • The addition of "on a project" for what is unlawful.  For example, "It shall be unlawful for any individual to engage in mold abatement on a project or to advertise or hold themselves out as a mold abatement worker unless such individual has a valid mold abater's license issued by the commissioner."  The same has been added to the mold assessment & remediation licenses.
  • Changes were made to the minimum requirements to get a mold assessment license.  Particularly a requirement for insurance to get the mold assessment license.  The mold assessment business entity "must provide insurance certificates evidencing workers' compensation coverage, if required, and liability insurance of at least $50,000 providing coverage for claims arising from the licensed activities and operations performed pursuant to this article."
  • Substantial change to the minimum requirements for a mold remediation license include the elimination of the requirement for a financial statement audited by an independent auditor.  Mold remediation license will require providing "insurance certificates evidencing workers' compensation coverage, if required, and liability insurance of at least $50,000 providing coverage for claims arising from the licensed activities and operations performed pursuant to this article."
  • Fees were changed.  Mold Remediation license fee is to be between $500 - $1,000.  Mold Assessment license fee is to be between $150 - $300.  Mold Abatement (worker) license fee is to be between $50 - $100. 
  • Exemptions have changed.   Added to the list are "an owner or a managing agent or a full-time employee of an owner or managing agent who performs mold assessment [or], remediation, or abatement on a residential apartment building of more than four dwelling units owned by the owner provided, however, that this subdivision shall not apply if the managing agent or employee engages in the business of performing mold assessment [or], remediation, or abatement for the public;" and "a federal, state or local governmental unit or public authority and employees thereof that perform mold assessment, remediation, or abatement on any property owned, managed or remediated by such governmental unit or authority."
  • Nothing has really changed between the difference between assessment and remediation and the conflicts of interest between them.
  • One minor change was done to the minimum work standards which was a rewording and the replacement of "must" with "may".  Basically removing the requirement of a containment, and allowing a remediation plan not to require containment.

Mold Licensing will not be required for projects 10 SF or less or routine cleaning.
 Since NYS DOL has moved forward with the training requirements and has started the process of approving training providers, the next steps seem to be clarifying who is required to be trained for mold assessment and remediation (owners, supervisors, foremen, industrial hygienists, etc.).  In addition, the standards for assessment and remediation need to be fleshed out for a better understanding of what is expected.  Another words still alot to do between now and January 1, 2016. Tick Tock! Tick Tock!

Sunday, February 22, 2015

All Eyes Turn To Turning Stone Casino For PACNY's 19th Annual Environmental Conference

This week is the Professional Abatement Contractors of New York's (PACNY's) 19th Annual Environmental Conference.  The conference is being held at Turning Stone Casino in Verona, New York from Wednesday, February 25 through Friday, February 27th.  The conference is New York's premier conference for the abatement and remediation industries.  Like most conferences it consists of meetings and a vendor hall.  Unlike other conferences, regulators usually participate and are the main speakers at the event.  Find the registration form here.  

Turning Stone Casino is a Beautiful Casino
Future Environment Designs (FED) is again sponsoring the event, find our booth in the vendor hall staffed by Ms. Kimberly Granmoe & Ms. Sheryl Esposito, you met both of them last year.  The ladies will help you get our new app for Negative Air Calculations and a parting gift.  If you can't make the event, we will be posting updates on our Twitter feed (https://twitter.com/angelogarcia3) with the hashtag #FEDTCPACNY.

FED's Booth in the Vendor Hall

Last year, the conference expanded to three days, adding the Proficiency Day designed primarily for training providers.  This year PACNY has expanded it to include other proficiency topics.  In addition to Mr. Kevin Malone of New York State Department of Health (NYSDOH) speaking on the training regulations, Mr. Andy Oberta & Mr. Sean Hart will be speaking on the asbestos visual inspection standard American Society of Testing Materials (ASTM) E1368; and Ms. Diana Wolgemuth of Dale Carnegie speaking on "Incorporating the Human Element into our Business."

The Long Island Contingent for PACNY Last Year.

Technical sessions on the second day this year will include discussions on vermiculite, the new mold regulations, asbestos abatement, understanding ASTM D7886, and "Industrial Hygiene Lessons Learned from the World Trade Center Disaster."  Opening speaker will be Ms. Linda Reinstein of the Asbestos Disease Awareness Organization (ADAO).  Other speakers include: Mr. Brent Kynoch of the Environmental Information Association (EIA); Mr. Christopher Alonge (is Back!) from the Dormitory Authority of the State of New York (DASNY); Matthew Darin from Bluepoint Environmental; Matt Sanchez from RJ Lee (guess what he will be talking about?); Dr. Marty Rutstein; Dr. Barry Castleman; Mr. Andy Oberta of the Environmental Consultancy; & Mr. Jack Springston of TRC Environmental Corp.  All should be great presenters with great topics!

Last Year's Regulatory Day

The final day of the conference is usually Regulation day.  It will start with Mr. Ed Cahill from EMSL (guess what he will be speaking on?).  It will then move to a roundtable consisting of asbestos and mold representatives from New York State Department of Labor (NYSDOL) from the engineering, enforcement, & legal divisions led by Dr. Eileen Franko, who is always entertaining and hopefully not offended this year.  For more details about the conference you can find the conference flyer here.  The conference is always fun and a great networking event.  The Cocktail Hour on the second day happens in the Vendor Hall and Wednesday night President's reception features Dan the Magic Man!  Hope to see you there!  Come by our booth and say hello.

Saturday, February 07, 2015

New York State Mold Licensing & Minimum Standards Law Is Signed By Governor Cuomo

On January 29, 2015 Governor Andrew Cuomo signed New York State Senate Bill S3667D-2013 which will create Article 32 to the Labor Law.  This article will establish the licensing of mold inspection, assessment, and remediation specialists and minimum work standards.  According to the bill the law goes into effect in 180 days of January 29, 2015, or if we calculate this right July 28, 2015.  This law is so important to the abatement industry the Professional Abatement Contractors of New York (PACNY) at the last minute added two speakers (Mr. Chris Alonge from DASNY and Matthew Darin from Bluepoint Environmental) to speak on the law at their 19th annual environmental conference at Turning Stone Casino being held from February 25-27.  Click here for the registration form.

Article 32 will require companies doing mold remediation, like above, to be licensed in NYS
Several important points of the new law are in the bill already, in Section 1: Title 1 is the definitions and the following points:

  • Defines the difference between mold remediation (conducting the business of removal, cleaning, sanitizing, or surface disinfection of mold, mold containment, and waste handling of mold) and mold assessment (inspection or assessment of real property that is designed to discover indoor mold growth, toxic mold growth, conditions that facilitate indoor mold growth, and/or indicia of conditions that are likely to facilitate indoor mold growth).
  • To be licensed in NYS you must be at least 18 years old; must have completed a NYS Department of Labor (NYSDOL) approved course work including training on the appropriate use and care of personal protection equipment (PPE) as approved by NYS Department of Health (NYSDOH); and paid appropriate fees.
  • Exemptions to licensing in the standard include:
    • Design professional licensed pursuant to Title 8 of the Education Law (Registered Architects or Professional Engineers) performing mold inspection, assessment, remediation, and or abatement tasks or functions if the person is acting within the scope of his or her practice, 
    • residential property owner who performs mold inspection, assessment or remediation on his or her own property;
    • non-residential property owner, or the employee of such owner, who performs mold assessment or remediation on an apartment building owned by that person that has not more than four dwelling units; and
    • an owner or a managing agent or a full-time employee of an owner who performs mold assessment or remediation on commercial property owner by the owner provided, however, that this subdivision shall not apply if the managing agent or employee engages in the business of performing mold assessment or remediation for the public.
  • Prohibits a person licensed to perform mold-related services from acting as both the mold assessment contractor and the mold remediation contractor.
  • Authorizes NYS to impose civil penalties and revoke a contractor's license after a notice and hearing, suspend or revoke any license, or censure, fine, or impose probationary or other restrictions on any licensee for good cause. (the bill has a list of items).
The next area, Title 2, details the minimum work standards for the conduct of mold assessments and mold remediation by licensed persons.  This includes:
  • A mold assessment licensee to prepare a mold remediation plan that is specific to each remediation project, the plan must specify:
    •  the rooms or areas where the work will be performed;
    • the estimated quantities of materials to be cleaned or removed;
    • the methods to be used for each type of remediation in each type of area;
    • the PPE to be supplied by licensed remediates for used by licensed abaters;
    • the proposed clearance procedures and criteria for each type of remediation in each type of area;
    • when the project is a building that is currently occupied, how to properly notify occupants of such projects.....
    • an estimate of cost & an estimated time frame for completion; &
    • when possible, the underlying sources of moisture that may be causing the mold and a recommendation as to the type of contractor who would remedy the source of such moisture.
  • Requires posting of the remediation project
  • Requires that containment cannot be removed any person until the mold remediation licensee overseeing the project has received a notice from a mold assessment licensee that the project has achieved clearance which shall be determined by post-remediation assessment.
  • The post-remediation assessment shall determine:
    • the work area is free from all visible mold; and
    • all work has been completed in compliance with the remediation plan and remediation work plan and meets clearance criteria specified in the plan.
The interesting parts that are left out are the specifics about the training requirements to become licensed as an assessor or remediator/abater.  These specifics have been left to NYSDOL to create with some assistance from NYSDOH.  Licensing and recertification will be good for two years and you will need to take a refresher course which is also left to NYSDOL to create.  It will be interesting to see if individuals certified by the American Council for Accredited Certifications (ACAC), or the American Board of Industrial Hygiene (ABIH) will have to take the courses that NYSDOL creates.  The only exemption in the law are for Professional Engineers & Registered Architects.  Whoever, creates this process could go to ACAC which has assisted other states with this type of licensing.  Only time will tell.  Tick Tock! Tick Tock! 

Monday, January 19, 2015

Mold Legislation Threatens Restoration/Remediation Industries

The New Year wasn't very old before the restoration/mold industry was beset with concerns regarding new regulations and legislation.  The first, Nassau County in New York State started requiring licensing for companies and owners of those companies who are environmental hazard remediation providers, this legislation Local Law No. 13-2014 was voted on by the County Legislature on September 22, 2014 and signed by County Executive Ed Mangano on September 25, 2014 (Thank you Mark Drozdov for the info).  The second item, on December 30 New York State's "Licensing of Mold Inspection, Assessment andRemediation Specialists and Minimum Work Standards" legislation was presented to Governor Andrew Cuomo to sign.  The Governor has until January 29 to either sign it, or veto it or he can let it expire (called a pocket veto) (Thank you Chris Alonge for the info.).
 
Water damage/Mold growth in a Basement Apartment
There is a growing group of industry individuals who feel that Governor Cuomo should veto the NYS legislation.  Many feel it is poorly written and have major issues with it.  Some examples include the definition of mold (to narrow a definition), NYS Department of Labor is charged with writing rules and regulations for overseeing the practices of assessment & remediation (it should be either the NYS Department of Health or NYS Department of Environmental Conservation), and does not mention or exempt a minimum quantity.  In our opinion, the law does use existing infrastructure to create the rules and regulations, recognizes conflict of interest issues, and leaves the details of the procedures up to the agencies who already have experience handling the restoration/remediation industry and provides some minimum procedures.  The law puts the responsibility for creating the details to NYS Department of Health and the NYS Department of Labor.  Both agencies already regulate the asbestos industry and have the experience to create, write, and enforce the potential rules and regulations to handle this industry.  Our feeling this legislation is better than the Nassau County legislation, and our concern is that we might get one like the Nassau County law.

Nassau's Local Law is meant to address problems that happened after Super Storm Sandy
Nassau County Local Law No. 13-2014 requires "Licensing of Environmental Hazard Remediation Providers" or in another words environmental contractors.  However, environmental contractors are defined "any person who or legal entity that, contracts with an owner or an owner's agent to inspect a suspected environmental hazard or to implement any measure or measures that result in the remediation of an environmental hazard in a building."  This definition means both consultants and contractors have to be licensed.  Even more amazing is the definition of Environmental hazard.  "Environmental hazard(s) means any condition that constitutes an indoor air quality violation as defined by any United States statue or regulation, any New York State Law or regulation, any local law or any regulation promulgated by the Commissioner of Consumer Affairs, and which hazard was caused by fire, flood, storm, chemical spills, dust, sewage, mold, pathogens or other biological contaminants and not caused by the presence of asbestos or lead."  There are so many statements in this definitions that we're not totally sure what is or isn't covered.  

The Local Law 13-2014 requires two licenses, environmental contractors have to get the Environmental Hazard Remediation Provider (EHRP) License ($1,000 for a two year license, renewal fee is $500 every two years) and the Environmental Hazard Remediation Technician (EHRT) License ($100 for two year license, every two years) shall be issued to an EHRP or their principal(s) and any person employed by, seeking employment by or under contract to a EHRP for the purpose of environmental hazard assessment and environmental hazard remediation.  It does allow an EHRT to supervise up to 10 unlicensed employees or contractors performing a remediation or remediations.  To get the EHRT license you must have taken and be current/in effect Certifications:
  • OSHA Safety Standards for Construction or General Industry - minimum 10 hours
  • NYS Asbestos Handler - minimum 32 hours
  • EPA Lead Worker - minimum 16 hours.  Lead RRP is NOT sufficient
  • Hazardous Waste Operations (HAZWOPER) - minimum 40 hours
  • Microbial Remediation - minimum 24 hours
  • Water damage restoration - minimum 20 hours or Institute of Inspection, Cleaning Restoration Certification (IICRC) WRT Certification
  • Fire damage restoration - minimum 16 hours or IICRC FSRT Certification
  • PCB Awareness - minimum 4 hours
  • Bloodborne pathogens - minimum 4 hours
  • Infection control risk assessment - minimum 4 hours
  • Proof of a valid lead and asbestos abatement licenses.
The above list consists of 170 hours of training.  It is interesting to note to get an asbestos abatement license you need to take an NYS asbestos supervisor - minimum 40 hours and to get the EPA Lead Remediation License you must be an EPA lead supervisor - minimum 32 hours.  Nowhere in this list of topics is a supervisor course, considering that the EHRT will be allowed to supervise up to 10 unlicensed employees/contractors that seems very lacking.  In addition, there is no assessment class in this list.  Most of us in the industry would agree that this list should be the minimum training for the remediation workers in the restoration/remediation industry.  This list should not be the training requirements for the principals/supervising employees of an EHRP.  In our opinion, EHRP principals/supervising employees should have a minimum certification from American Council for Accredited Certifications, American Board of Industrial Hygiene, Board of Certified Safety Professionals, or another national, non-profit certifying body which:  
In addition, the Local Law does not address the conflict of interest issues that arise from these types of projects.  In our opinion, the local law should have this language to address conflicts of interest:
  • Individuals or legal entities shall not conduct environmental assessments for a period of one year on projects for which they have conducted environmental remediation services.
  • Individuals or legal entities shall not conduct environmental remediations for a period of one year on projects for which they have conducted environmental assessments.
Both laws have their issues unfortunately the worst of the two laws is currently in effect and it needs drastic changes and should be repealed or amended.  

Thursday, August 11, 2011

Mold Exposure Has Greater Impact on Infants

respirationImage by yori kato via FlickrA new study published in the journal Annals of Allergy, Asthma & Immunology has shown that mold exposure has much greater impact in infants during their formative years. The article on this study was published online at the Environmental News Network. For certain individuals, the inhalation of mold can be extremely hazardous for the lungs, respiratory system, and overall well-being.  Some people are more susceptible than others to the symptoms caused by airborne mold, but it is generally accepted that mold exposure is unhealthy for all.  The new study found that infants living in moldy homes are much more likely to develop asthma by age 7.
"Early life exposure to mold seems to play a critical role in childhood asthma development," says Tina Reponen, PhD, lead study author and University of Cincinnati (UC) professor of environmental health.  "Genetic factors are also important to consider in asthma risk, since infants whose parents have an allergy or asthma are at the greatest risk of developing asthma."
Mold growth is linked to environments with elevated levels of moisture.   For example, basements are a common spot for mold because of underground moisture, periodic flooding from storms, and lack of air flow.   Mold will start growing on surfaces like drywall, concrete, plywood, and other building materials.   Microscopic spores can then be released into the air and find their way into the lungs. Once in the body, the spores can cause fungal infections, allergic reactions, irritation of the eye, nose, and throat, etc.   Long-term effects include serious respiratory infections like asthma or bronchitis.
The recent study, conducted by researchers from UC and Cincinnati Children's Hospital, utilized seven years of comprehensive data for 176 children.   The data was used to evaluate the effects of mold exposure from early life.   The analysis took into account the likelihood of developing allergies based on family medical history.
The children in the study came from a much larger study in the Cincinnati area. The 176 children selected come from homes which contained mold.   Mold was measured in the their homes using an EPA method known as environmental relative moldiness index (ERMI).   In this method, mold exposure levels are measured using a DNA-based analysis tool which combines the analysis of 36 different mold types into a single index.  Link to published article: http://www.annallergy.org/article/S1081-1206%2811%2900313-9/abstract
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That Time of Year! Conferences, Posting Requirements, and OSHA Violations Increased!

It's that time of year again. We're between conferences.  February 15-16, 2024 was the Professional Abatement Contractors of New Yor...