Future Environment Designs Approved to Offer NYSDOL Mold Refresher Courses

Future Environment Designs is happy to announce that New York State Department of Labor has approved our Mold Refresher training course.  This course which will allow Mold Abatement Workers, Mold Abatement Supervisors, Mold Remediation Contractors, and Mold Assessment Contractors & Individuals to renew their license with New York State and continue offering mold services.  The course is an four hour course with a 15 minute break.  Individuals enrolled in the course will be expected to enhance the learning experience by sharing information regarding their experience in the past two years.

Mold Post-Assessment Clearance 

 We will be adding dates to our schedule at Future Environment Design's website now that we are approved to offer these courses.  As usual you can contact us to set up the Mold Refresher classes under our training "At Your Convenience" service.  Look forward to seeing you in class.

PACNY's Environmental Conference - The NYSDOL Round Table - Day Three and So It Ends!

Day Three of the Professional Abatement Contractors of New York's (PACNY's) 21st Annual Environmental Conference started with Mr. Angelo Garcia, III's, of Future Environment Designs, Inc, presentation "Changes Are A Coming."  Our presentation can be found in our dropbox folder under conference presentations.  We discussed the many changes that will affect the abatement/restoration industry including the Environmental Protection Agency (EPA) (the new Director and Toxic Substance Control Act (TSCA)); Occupational Safety and Health Administration (OSHA) (the new Director, Silica, Beryllium, Safety & Health Programs, Recordkeeping & Reporting Requirements; & the increase in penalties); New York State Department of Labor (NYSDOL) proposed asbestos regulation changes to Industrial Code Rule 56; and changes coming from NYSDOL on the mold regulation (Article 32).  Our presentation, was videotaped and is attached below. 

The DiVal Safety Equipment Hospitality Suite caused a few late comers on Day Three

The next presenter was Mr. Jack Springston, of TRC Environmental, discussing "Mold Clearance Testing - The Good, The Bad and The Ugly."  Mr. Springston's presentation discussed all the different sampling methods for mold from spore traps (has a capture zone that collects air about the size of a golf ball), particle counters (not specific), Environmental Relative Moldiness Index (ERMI) (still under research) and culture plates (tried and true method).  In addition, he discussed the variability of data from certified laboratories and the interpretation of the that data.

Mr. Jack Springston, of TRC Environmental

After Mr. Springston's presentation, we took one last break in the Exhibit Hall to network with exhibitors Admar Construction Equipment & Supplies and Paradigm Environmental Services.  Our staff, Ms. Kimberly Granmoe, Ms. Sheryl Esposito, and I would like to thank all of you who visited our booth this year.

Our Booth, Sheryl Esposito, Kimberly Granmoe, Veronica & Angelo Garcia III

  The NYSDOL Round Table as usual is the highlight of the PACNY Environmental Conference.  Having NYSDOL regulators at the conference allows for questions and answers that can be timely and very useful.  The panel consisted of Dr. Eileen Franko, Director-Division of Safety and Health, Mr. Ed Smith, P.E., Engineering Services Unit, Mr. Kirk Fisher, Licensing & Certification Unit, and Mr. James Meachum, P.E., Asbestos Control Bureau.

Dr. Franko, Mr. Smith, Mr. Fisher, & Mr. Meachum on the Dais, Left to Right

This year's presentation they came armed with alot of information that was very useful.  They presented an update on the mold regulation from 2016 including the number of complaints (40), the number that was related to issues NYSDOL could address (16), while the remainder was outside of their jurisdiction (24).  The number of mold training courses held in 2016 were 31 assessor (1348 attendees), 26 remediation (1,668 attendees), & 32 worker courses (2,284 attendees).  There are 553 mold assessor companies (451 individuals); 526 mold remediation companies (526 individuals); 910 mold supervisors; and 1,941 mold workers.  Compare that with the 21,237 asbestos handling certificates, and 1,539 asbestos handler licenses (companies).  In 2016, NYSDOL conducted 2,457 asbestos inspections, and resolved 494 cases with 1,094 violations.  The top violations include:

Discussing Top Ten Violations

• Asbestos Survey Required; 
• Certification & Training Required; and 
• Licensing Requirements and Procedures      

As many of you know, our biggest complaint about NYSDOL is that they don't do enough to go after companies that do asbestos without an asbestos survey, an asbestos license, and asbestos certified workers.  These three were the top three violations issued by NYSDOL, which means we say BRAVO!  NYSDOL keep up the good work!  It was interesting to us that one of the top ten violations was not having a manometer or working one (this piece of equipment literally can be purchased for about $30-50, the fine can be $5,000).  One of the biggest issues discussed was the need for a mold rule and at this point NYSDOL does not see the need for a rule.  After some questions and answers the conference ended with lunch.  This year's conference definitely seemed more technical than previous years.  As a trainer, this year's conference has provided significant information to bring back to our classes and provide to our attendees.  We look forward to seeing your next year, which Future Environment Designs will be celebrating 30 years in business.   

In the past week, NYSDOL announced the training requirements for mold refresher training.  All mold licensees will have to take a 4-hour refresher course to renew the licenses.  We are currently working on the submittal to become approved for these courses.  Below is the video from our presentation from the conference.

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Future Environment Designs Attends the LITE 2016 Conference & Is Inspired!

On September 23-24, Future Environment Designs (FEDTC) attended the Learning, Innovation, Technology, Evolution (LITE) 2016 Conference held in Edinburgh, Scotland.  This was the first year we attended this conference and it probably won't be the last.  The conference is run by Administrate, which is the company now handling our training and customer administration.  We were also invited to be on a customer panel during the conference, which we will discuss further below.  What attracted us to the LITE conference was the ability to learn more about the Administrate program and meet others who are using the program.  Not only did the conference and workshops deliver on that goal, it far exceeded our expectations.  Several of the conference speakers were absolutely inspiring and made us realize the good work being done out there to assist those less fortunate.

The Scotsman Newspaper Article LITE 2016 

Day one of the conference started with Mike McGrail (@Mike_McGrail), Marketing Director for Administrate, doing the opening and introduction.  We met Mr. McGrail previously, when we first were considering to sign-up with Administrate, we met with him and our current rep Natasha Serafimovska and then met again at a cocktail/dinner party held for those presenting and on the customer panels at Brasserie Les Amis (the food was awesome!).  Mr. McGrail is quite entertaining and very proud of his Scottish heritage (yes, he wore a kilt!).  The first speaker was Gavin Oattes, MD of Tree of Knowledge, his presentation "How do you Fit a Giraffe in a Fridge?" really was mind opening and created a pathway for a different frame of reference.  Nicki Turing & Edmund Pinto, of the Alan Turing Trust, discussed how providing used computers are helping educate students in Ghana.  Joe Harb, of Interactive Life, discussed "Personalised Education Using Technology:  From Corporate to Refugees" and how to personalize education for corporations to help expand borders and for refugees who feel left behind.  John Bendel, of Lingo 24, discussing "The Need for a Multi-language Approach" and the importance of training materials to be in multiple languages (only 9% of the world speaks English, something to really consider as a training business).  The first customer panel included Deborah Fyfe of IA Seminars, Kevin Streater of ForgeRock, & Mathew Channell of Training South Wales, and was moderated by Richard Cassidy, Director Sales for Administrate.  The panel discussed the challenges in their training business and how technology was bringing success to their businesses.  Mike McQuaid of GitHub, spoke on "Remote Working: What, Why and How?"  His speech described the various benefits of working remotely; productivity increase, happy employees, & saving the planet to name a few.  John Peebles the CEO of Administrate spoke on "Creating the Ultimate Human Organisation" and discussed how they have gone to a 4-day work week.  The final speaker on the first day was John Romero, Creator of Legendary Video Games, who spoke on "The Value of Games in Education."  The day ended with a Pub Crawl (our crawl included The Blind Poet, the Potting Shed, and the BeeHive Inn) that ended at Administrate HQ (drinks & pizza!).  The lunch was catered by Regis Banqueting and it was fantastic, we had the Lamb Tangine!  We went to several workshops and support sessions also being held during the conference.

John Romero Speaking at LITE 2016

Day two started with Olivia Giles of 500 Miles, telling us her story of how she had to face change in her speech "The Challenges and Opportunities of Change."  Olivia Giles survived the blood poisoning form of meningitis by having both her lower legs and both her lower arms amputated.  She has since founded the charity 500 Miles which helps disabled people in Malawi & Zambia who have lost limbs or the use of limbs to enjoy maximum mobility and body function by helping them gain access to artificial limbs and limbs supports.  If we weren't already inspired from the first day of speeches, this speech sent us over the top!  Kevin Streater of ForgeRock had the unenviable task of following Olivia Giles and did an excellent job of maintaining the enthusiasm with "How Administrate Changed Our Training Business."  Definitely caught our attention with the ability to triple his business without increasing staff.  Suzanna Doyle-Morris of inclusIQ, discussing how they use blended learning to train people on inclusion & diversity, was the next speaker.  Mike McGrail of Administrate next discussed "The Importance of Personas in Understanding Your Customer" and how that effects marketing.  Up next was Dr. Kathryn Waite of Heriot-Watt University speaking on "Digital Empowerment."  Next we had the honor and pleasure to sit on a customer panel with Anna Hastie of University of York, and Steve Booker of Kentec Training (his company's story on Administrate convinced us to sign up).  Visit the LITE 2016 Speakers site to see the customer panel we were on and our discussion about our challenges and technology.  After the panel, Kasper Spiro of Easygenerator spoke on "User Generated Content: The Next Trend" and the conference ended with an inspirational talk "Reaching for the Stars" by Graham Obree - Record Breaking Cycling Legend.

Graham Obree Speaking at LITE 2016

Their were several emotions we experienced during this conference; overwhelmed, amazement, excited, hopeful, inspiration, and empowered.  The main thing this conference did for us was made us realize how powerful a tool the Administrate program is.  We are hopeful & overwhelmed with the capabilities of this program.  We are excited and amazed on the value we could add to our customers training experience.  Most importantly we feel this program will empower and inspire us with the ability to increase our business, increase our reach to more customers outside our current territory, and Keeping More of Your Employees Safe!
        

LITE 2016 was held at The Assembly Roxy  

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Environmental Information Association 33rd Annual Conference & Exhibition 2016

This year the American Council for Accredited Certifications (ACAC) held its executive board meeting the weekend the Environmental Information Association's (EIA's) 33rd Annual Conference & Exhibition started.  Giving us the opportunity to attend this organization's conference for the first time.  We've been a member of EIA since we joined the Professional Abatement Contractors of New York (PACNY).  This is another benefit of becoming a member of PACNY    The mission statement for the EIA, formerly known as the National Asbestos Council, is "it's multi-disciplinary membership will collect, generate and disseminate information concerning environmental health hazards to occupants of buildings, industrial sites and other facility operations."

The 33rd Annual Conference & Exhibition was held March 6-9, 2016 at the Tropicana Las Vegas Hotel, Las Vegas, Nevada.  The twitter hashtag for the conference was #EIAPROUD & #EIA2016 and Future Environment Design's twitter hashtag for the conference was #FEDTCEIA.  The conference was definitely full of information concerning environmental health hazards between the exhibition hall and the presentations.  We definitely were quite impressed with scope of the presentations.  The presentations ran in sessions so there were side by side presentations.  This was a disadvantage of the conference with so many presentations running at the same time we had to miss a few presentations that coincided with other presentations we wanted to hear.  One presentation we missed was Mr. Lee Poye's presentation on "Cumulative Summary of the Variety, Size, and Aspect Ratio of Respirable Elongated Mineral Particles (REMPs) Compiled During Analysis of over 400 Human Lung Tissue Samples".  From those who attended the presentation, the data provided information regarding the type and size (0.5 micron and smaller) of REMPs most commonly encountered in human lung tissue effected by asbestos related disease.

Dan Lier's Presentation was Inspiring & Interactive

The presentation by Mr. Dan Lier, "Maximize Your True Potential" was inspiring and had several attendees quoting him throughout the conference.  Several presentations we attended provided significant information for our future classes.  We attended Mr. Vincent Brennan's & Mr. Chris Walker's presentation on the University of Vermont's confined space program in relation to the new Occupational Safety and Health Administration's (OSHA's) confined spaces in construction standard.  Major points from this presentation was the importance of rescue services and the importance of practicing rescues in the confined space you may need to make a rescue in.  Mr. Guy Sylvester's, of Absolute Resource Associates, presentation was on the "Mold Legislation for New Hampshire" which provided insight into the legislation process of how a mold law can come into being (probably some similarity to how it happened in New York).  Mr. Adam Andrew's, of ACAC, presentation on "Certification: Asset or Liability?" provided additional information regarding the levels of certifications and the advantages of being certified.  Linda Reinstein's, of Asbestos Disease Awareness Organization (ADAO), asbestos presentation was loaded with information and passion as usual.  Peter Delucia & Gregg Mance's, of ACC Contracting, presentation "Asbestos Q&A: Inconsistencies & Ambiguities in the Regulation" had some technical glitches but was well researched and thought out.  Ms. Amy Hensley's, of the Environmental Protection Agency (EPA), presentation "PCBs 101" provided significant information on the history, regulations and handling of polychlorinated biphenyls (PCBs).

Grayling Industries during Vendor Introductions

The exhibition hall was where box lunches were eaten and the vendor introduction on Tuesday night with the happy hour was informative, too.  Graylings Industries, Aramsco, & Fiberlock were some of the exhibitors we typically see at the PACNY conference, along with EMSL & RJ Lee Group.  Two interesting exhibitors were InspectManager a mobile inspection system and Mycometer, a rapid microbiology - on-site technology.  Both exhibitors were very interesting and had presentations on their products.  The Mycometer information we've added to both our New York State Mold Assessment & Remediation classes.  Overall we were quite impressed with the presentations and the information we gathered from this event.  The EIA's next event is there Fall Technical Seminar being held on October 14, 2016 at Rosen Shingle Creek, Orlando, Florida.  We'll be going this year and we hope to see you there!             

Related articles

•  Another Great PACNY Conference - Part Two (futureenv.blogspot.com)

•  Another Great Conference! PACNY Does It Again! - Part One(futureenv.blogspot.com)

•  NYSDOL Roundtable Highlight of PACNY Environmental Conference(futureenv.blogspot.com)

Another Great PACNY Conference - Part Two

As we discussed in our previous post, the Professional Abatement Contractors of New York's  (PACNY's) 20th Annual Environmental Conference was witty, intelligent, & had a magnetic personality.  Held at the Turning Stone Casino in Verona, New York for all three days was magnetic with excitement.  Wednesday night included the first annual PACNY Poker Tournament won by Mr. Chuck Kirch of Environmental Compliance Management Corp.  However, we digress, the Technical Session on Thursday continued after lunch with presentations from Dr. Bryan Bandli, PhD of RJ Lee Group on the "Quantification of Amphibole Asbestos in Loose Fill Vermiculite - A validation case study" written with an eye to New York State approving it for bulk vermiculite analysis.  Then Ed Cahill of EMSL presented on "Identifying and Dealing with Naturally Occurring Asbestos in Surveys".  Exhibit Hall break followed and the issuing of the wrist bands for the Vendor reception after the last presentation.

Deb Sanscrainte of Aramsco, Lisa Brown of Summit Environmental the PACNY Adinistrator, & Lynn Burlingham of Cornerstone Training Institute

The final presentation of the Thursday Technical Session was Mr. Tom Laubenthal of The Environmental Institute (A division of ATC Group Services).  Mr. Laubenthal's presentation was on the "American Society of Testing Materials (ASTM) E2356-14 Standard Practice for Comprehensive Building Asbestos Surveys" which included a letter from the Environmental Protection Agency (EPA) regarding the ASTM standard and its relevance in performing asbestos surveys for compliance with the National Emissions Standards for Hazardous Air Pollutants' (NESHAP's) "thorough inspection" requirement.  The letter and the standard are extremely helpful information for performing a proper inspection in order to comply with the NESHAP regulations, which we will add to our asbestos inspector courses (a copy of the letter can be found at our Resource Page on our website, Click on the link to the Dropbox Folder.  The letter is in the EPA folder).  The day ended with the vendor reception in the Vendor Hall.  One of the interesting vendors was qub9 Environmental which is creating portable decontamination units from shipping containers.  Unfortunately, they didn't have a container at the conference to see how it would work.  We thank everyone who stopped by our booth to say hello and enter there card for the drawing on Friday.

There were 27 vendors in the vendor hall and the reception was a perfect way to end the Technical Session first day.

It was an honor for me to present on Friday with Mr. Bob Krell of IAQ Tech on the New York State (NYS) Mold Law Article 32.  A big Thank You! to everyone who encouraged me with my first presentation at PACNY.  Our presentation was very well-balanced between technical and overview, in my humble opinion.  The usual highlight of the last day of the conference is the panel from NYS Department of Labor (NYSDOL) led by Dr. Eileen Franko, Director of the Division of Safety and Health; which included Mr. James Meachum, P.E., manager of the Asbestos Control Program; Mr. Ed Smith, P.E. of the Engineering Services Unit; and "Mean" Mr. Kirk Fisher, manager of the License and Certification Unit.  Some of the highlights of the presentations by the panel included changes to Industrial Code Rule 56; additional inspections of school districts regarding compliance with the AHERA (Asbestos Hazard Emergency Response Act) regulation (Long Island School Districts can expect to see NYSDOL this spring); there will be a public comment period for rules and regulations under the new mold law (Article 32) and an expectation that mold supervisors may need to be present at mold projects; code officials must provide condemnation letters for demolition projects; emergency projects are handled on a case-by-case basis and the information should be forthright and accurate; and what consists of a contamination assessment.  Some of the changes to Code Rule 56 are removing the 1974 cut off date and adding responsibilities and teeth to the project monitor.  The conference ended with lunch and a final networking among attendees.

FED Team (Kimberly Granmoe, Sheryl Esposito, Veronica & Angelo Garcia III) at the Vendor Reception

Overall the conference was an excellent source of information, the presentations have helped to improve our classes, and was an excellent networking event in meeting regulators, suppliers, trainers, consultants and contractors.  If you missed the conference and you want to get some additional highlights, you can head over to Twitter and search for our tweets during the conference under the hastag #FEDTCPACNY.  We look forward to attending next year's event (scheduled for March 1-3, 2017, so save the dates) and hope to see you there!

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Another Great Conference! PACNY Does It Again! - Part One

This year, 2016 in the Chinese New Year is the year of the Monkey.  Monkeys are witty, intelligent and have a magnetic personality.  Well that description pretty much describes the 20th Annual Environmental Conference held by the Professional Abatement Contractors of New York (PACNY) this year.  The three day conference started with the Third Annual Proficiency Day on Wednesday, February 24 and finished on Friday, February 26 with the New York State Department of Labor (NYSDOL) panel led by Dr. Eileen Franko.  Each day was a wealth of information and networking.  With such a strong line-up there were quite a few people from all over New York State, New York City and Long Island at the conference (several people we haven't seen for quite a few years). This year's conference was the most attended conference ever.
    

Mr. Kevin Malone Presenting Asbestos Training Stats for 2015

The Third Annual Proficiency day, which had 105 attendees versus last year's 72 attendees, started with Mr. Kevin Malone, Director of the New York State Department of Health (NYSDOH) Asbestos Training Program, giving us an update on the asbestos training program and the goals of the program to "bring consistency to training, elevate training standards, and ensure a competent workforce".  Dr. Eileen Franko of NYSDOL, followed with an update on the NYS mold training program.  Dr. Franko's update included clarifications of mold law and emphasizing that the law is a "consumer protection law."  Ms. Theresa Bourbon of the Environmental Protection Agency (EPA) explained the changes to the Renovation, Repair, & Painting (RRP) Training Program regarding hands-on component training and violations cited in Fiscal Year 2015.  Those violations included: "93% of cases involved "paperwork" violations, 69% of cases involved firm certification, and 40% of cases involved "work" violations.  Finishing the day was Mr. Doug Miller of the Rochester Institute of Technology an Occupational Safety and Health Administration (OSHA) Education Center discussing the Outreach program and new OSHA outreach cards that will be issued (for construction, general industry, & maritime).  The President's reception (the current President is Mr. Sean Hart of Energy and Environment President's reception) was entertaining and featured "Dan the Magic Man!".

Ms. Deb Sanscrainte of Aramsco, Chairwomen of the PACNY Conference

The Technical Sessions began on the second day of the conference, with the hall holding 227 attendees versus last year's 197 attendees.  Ms. Deb Sanscrainte of Aramsco, chairwomen of the conference, welcomed everyone.  Opening Remarks from Mr. Brent Kynoch of the Environmental Information Association (EIA) and Mr. Thomas Meade, the Executive Director of PACNY followed.  The first session was Mr. Ed Cottingham of the Zonolite Attic Insulation Trust discussing the history of the trust and how it is paying for the removal of zonolite attic insulation.  The next presentation was on Polychlorinated Biphenyls (PCBs) in building materials presented by Dr. Dan Leftkowitz followed by Mr. Steve Fess of Xerox Corporation discussing an update on the American Industrial Hygiene Association's (AIHA) "Guidance Document on PCBs in the Built Environment."  After a break in the Vendor Hall, the next presentations were on silica by Dr. Michael Lax, MD of Upstate Medical University, discussing diagnosis treatment & prevention of silica related disease; Mr. Jeff Prebish, CIH of OSHA, discussing OSHA's proposed respirable crystalline silica rule; and Mr. Jim Sorel, CIH of Industrial Hygiene Consulting Services, discussing silica sampling methods and protocols.  The set-up of the sessions for the silica presentation was outstanding and assisted with information gathering.  At this point, the conference broke for a buffet lunch.  While PACNY held a meet & greet session just after lunch, to encourage membership in PACNY.  The conference continued after lunch and in our next post will discuss the rest of the conference.  

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• Just Over A Week Away - 20th Annual PACNY Environmental Conference

Just Over A Week Away - 20th Annual PACNY Environmental Conference

Just about 9 days away is the premier environmental conference for New York State.  The Professional Abatement Contractors of New York's (PACNY's) 20th Annual Environmental Conference is being held at the Turning Stone Casino in Verona, New York from Wednesday, February 24 to Friday, February 26, 2016.  The conference seems to get bigger and bigger each year. Attendees come from all over New York State and even from adjacent States.  Register here for the conference.  For more information about the conference visit PACNY's website.  See the promo video here.

PACNY convention at Turning Stone Casino from Tisa Zito- Old Soul Productions on Vimeo.

This year's conference should be another good one since it is the first conference since Article 32 New York State's (NYS's) Mold Law is in effect.  We are looking forward to Dr. Eileen Franko's presentation on New York State Department of Labor's (NYSDOL) update on the Mold Training on Wednesday and her leading the NYSDOL's panelists on Friday.  For those of you who don't know NYSDOL is charged with enforcing the new NYS Mold Law and has been enforcing NYS's asbestos regulations (Industrial Code Rule 56).  Joining Dr. Franko on Wednesday, will be other training regulators like Mr. Kevin Malone of NYS Department of Health (NYSDOH) updating us on asbestos training, Ms. Theresa Bourbon of Environmental Protection Agency (EPA) updating us on the Lead Renovator, Remodeling, & Painting (RRP) training, and Mr. Doug Miller from the Occupational Safety and Health Administration (OSHA) Outreach Education Center updating us on OSHA education updates.

Thursday's technical session will include presentations on Vermiculite & Zonolite by Mr. Ed Cottingham of the Zonolite Trust Fund and Mr. Bryan Bandhi of RJ Lee Group; Silica presentations from Mr. Jeffrey Prebish of OSHA, Dr. Michael Lax MD, and Mr. Jim Sorel CIH; Polychlorinated Biphenyls (PCBs) from Dr. Daniel Leftkowitz; and Asbestos presentations from Ed Cahill of EMSL and Tom Laubenthal.  After the presentations, there will be the usual cocktail & networking party in the vendor hall.  Visit Future Environment Design's (FED's) booth and meet Ms. Kimberly Granmoe and Ms. Sheryl Esposito, who will be giving out glove-guard gifts to all those who sign up for our Safety Suzy Monthly Newsletter along with a chance to win a $50 Amazon gift card.

Friday's session begins with Mr. Bob Krell of  IAQ Tech and Mr. Angelo Garcia, III of FED discussing the NYS Mold Training.  Then finishes with the NYSDOL panel discussion hosted by Dr. Eileen Franko, including Mr. James Meacham PE, and Kirk Fisher.  It should be quite an informative conference.  Hope to see you there!

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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!

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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! 

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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:  

• is accredited by the Council of Engineering and Scientific Specialty Boards (CESB) and/or the American National Standards Institute under ANSI/ISO/IEC 17024, and 
• is wholly independent from training organizations, membership organizations, and industry trade associations.

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.  

Latest IAQTV Video Discusses Flood Cleanup & Indoor Air Quality

IAQTV on You Tube has produced a number of basic videos discussing various indoor air quality (IAQ) topics.  The most recent one discusses the problems with flood water and the need to dry areas quickly to prevent IAQ problems.  http://youtu.be/3Q1tnHFkPF0

A few things not discussed is to make sure the drying company you choose to help you with flood cleanup has experience and is qualified.  The American Council for Accredited Certifications (ACAC) has two certifications in structural drying.  The Council-certified Structural Drying Remediator (CSDR) and the Council-certified Structural Drying Supervisor (CSDS) these individuals perform water damage restoration services.  For example, a CSDR or CSDS can safely mitigate water losses resulting from floods, fires, hurricanes and other disasters as well as broken pipes and water mains.  These professionals have verified knowledge of the principles, techniques, equipment and regulations relevant to structural drying as described in widely published industry texts and accredited standards.  Visit the ACAC's website to find companies that hire CSDRs or CSDSs.

Rainwater Flooded Basement

In addition, the term usually used for flood waters is black water.  Black water is typically defined as containing or potentially containing harmful contaminants.  It would include floodwaters containing soil and any sewage water.  All raw sewage is contaminated with microbes, including bacteria, protozoa, mold, fungi, and viruses.  Many are pathogenic to humans.  So heed the warnings in the video and get some professional help if you find yourself in this unfortunate position.

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