Review of Northeast Industrial Hygiene Conference and Exposition

This Friday, December 3, 2010, we went to the 64th Annual Northeast Industrial Hygiene Conference and Exposition held at the Hyatt Regency Hotel New Brunswick, NJ.  The conference was presented by the American Industrial Hygiene Association (AIHA), New Jersey Section, Inc. and co-sponsored by the Metro New York and Philadelphia Sections AIHA.  The title of the conference was "Welcome to the Future! Evolving Industrial Hygiene Opportunities."  The conference agenda included presentations in Nanotechnology by Dr. Chuck Geraci from the National Institute of Occupational Safety and Health (NIOSH); Prevention through Design by Ms. Donna Heidel from NIOSH; Managing Risk in the Face of Change by Mr. T.J. Lentz from NIOSH; Industrial Forensics by Mr. Ryan Hall from RJ Lee Group; Bioterrorism Response by Dr. Nancy Connell from University of Medicine and Dentistry of New Jersey (UMDNJ); Before and After Measurements of Ergonomic Successes from Mr. Dan MacLeod of Dan McLeod LLC; and then the Bedbugs Invasion Panel that included Mr. Jay Taylor from Chubb and Son, Mr. Roy Viola, Esq. from McGiveny & Kluger, Mr. Rick Cooper of Cooper Pest Solutions, and Dr. Howard Sandler of Sandler Occupational Medical Associates.  The exhibition included AJ Abrams Co.; Analytics Corp., Belfor USA, Bomark Instruments,  EMSL, Environmental Reports, Nilfisk, Sandler Occupational Medicine Assoc., Unitech Services Group, and Zefon International to name a few.

The event like usual is great day for networking and catching up with people you haven't seen in a while.  It was great to see you folks, Mrs. Deborah Gul Haffner, Mr. Ed Olmstead, Mr. Stu Mirowitz, Mr. Jack Springston, Mr. Ed Gertz, Mr. Paul DeBiase, Mr. Ken Burns, Mr. Ron Smith, and Mr. Ken Shaw, to name a few.  As with most conferences, we go in hopes of learning something new or possibly meet someone who will help your business.  Well this conference was duo win on that front for us.  The Bedbug Panel provided alot of information that we will discuss in our next newsletter.  The Prevention Through Design presentation was our favorite.  It discussed "Building Industrial Hygiene into the Plan for Safer and Greener Economy."  Discussing the role of industrial hygiene in the green economy, and the need for industrial hygienist to be at the beginning of the design project.  Interesting statistic, from this presentation, was from an Australian Study that determined that design continues to be a significant contibutor to work-related serious injury.  37% of workplace fatalities involved design-related issues and another 14% of fatalities, design-related issues may have played a role.  If that statistic was not enough for us, the case studies presented emphasized how industrial hygienists involved at different stages of the project affected or prevented risk shifting.  The presentation also discussed whether worker safety and health should be included in the Leadership in Energy and Environmental Design (LEED) rating system?  A building could be rated platinum but were their any fatalities during construction, are the occupants happy with indoor air quality, or what are costs involved with operations and maintenance? 

Kudos to the New Jersey section for an excellant conference.

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Study suggests that being too clean can make people sick

Image via WikipediaA recent study by the University of Michigan School of Public Health suggests that people who are overexposed to endocrine-disrupting compounds (EDCs) may suffer more allergies and negative effects to their immune systems.  Study suggests that being too clean can make people sick.  This study indicates that young people who are overexposed to antibacterial soaps containing triclosan may suffer more allergies, and exposure to higher levels of Bisphenol A (BPA) among adults may negatively influence the immune system.  Triclosan is a chemical compound widely used in products such as antibacterial soaps, toothpaste, pens, diaper bags and medical devices.  BPA is found in many plastics and, for example, as a protective lining in food cans.  Both of these chemicals are in a class of environmental toxicants called endocrine-disrupting compounds (EDCs), which are believed to negatively impact human health by mimicking or affecting hormones.  "We found that people over age 18 with higher levels of BPA exposure had higher CMV antibody levels, which suggests their cell-mediated immune system may not be functioning properly," said Erin Rees Clayton, research investigator at the U-M School of Public Health and first author on the paper.  The study also found that people age 18 and under with higher levels of triclosan were more likely to report diagnosis of allergies and hay fever.  There is growing concern among the scientific community and consumer groups that these EDCs are dangerous to humans at lower levels than previously thought.

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Government Refuses to Act on Cancer-Causing Insulation

Image via WikipediaWe have discussed this issue in our asbestos initial and refresher classes.  The Zonolite insulation made from vermiculite mineral mined from the Libby, Montana.  The vermiculite from this mine is contaminated with tremolite asbestos.  Mr. Andrew Schneider wrote this excellant article "Government Refuses to Act on Cancer-Causing Insulation".  This is also an important issue for asbestos inspectors because the Environmental Protection Agency (EPA) is specifically saying not to take samples of this material.  This material gives false negative results and EPA recommends that this material be treated and handled as an asbestos containing material.  In addition, vermiculite was not only used as attic insulation, it was also used in sprayed-on fireproofing until late 1980s.  High-rise buildings built between 1980-1989, using sprayed-on fireproofing made by W.R. Grace (monokote made with vermiculite) also is suspect and again it is suggested that you do not sample this material.  This material should be assumed to be asbestos containing.

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Revival & Expansion of Canadian Asbestos Mines Causes Uproar

Open Pit Asbestos Mine in Asbestos, Quebec

The recent free trade agreement between India and Canada (Comprehensive Economic Partnership Agreement (CEPA)) will boost the asbestos trade.  This agreement will allow an increase in asbestos exports from Canada to India. This agreement needless to say has caused an uproar among environmental, labour & health groups.  The groups demanded that a ban of the asbestos trade must be deemed a pre-condition for future negotiations on CEPA.
The Quebec government has announced the offer of C$58 million ($57 million) in loan guarantees to convert the Jeffrey mine in Asbestos, Quebec from an open-pit to an underground operation.  The open-pit reserves are almost exhausted but the deeper deposits are among the biggest in the world.  Canada is the world’s fifth-biggest asbestos producer after Russia, China, Kazakhstan and Brazil.  India is one of the biggest consumers of cancer causing asbestos fibers from Quebec, Canada.  Revival and expansion of the mine would boost asbestos production from the 100-year-old mine from an estimated 15,000 tonnes this year to 180,000 tonnes in 2012 and an eventual capacity of 260,000 tonnes, or about 10 per cent of global production.
Ban Asbestos Network of India (BANI) expresses its support and solidarity with the protest from health and environmental groups against an attempt by Indian and other investors to revive a big Canadian asbestos mine.  Jeffrey and one other remaining mine in the Quebec province of Canada produce chrysotile, or white asbestos, used mainly to reinforce cement used for water pipes and other building materials. Exposure to asbestos fibers causes incurable and fatal lung diseases. In India there is a ban on asbestos mining but trade, manufacture and use of asbestos products is yet to be banned. There is a ban on trade in asbestos waste as well.

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Goldberg & Connolly's Construction Law Update Covers Change Order Crisis at the SCA



BearAcade™ Sticky Poly is now patented–both the product and the method. 
It’s US Patent No. 7,818,941

Hope all of you have a Happy Thanksgiving and may your family and friends make the day beautiful.  As we have discussed in our classes, some of you are doing consulting and contracting work for the New York City School Construction Authority (SCA).  Many of you have complained about the SCA and the way they handle accounts payables (your accounts receivables).  Goldberg & Connolly are construction attorneys and they put out a monthly newsletter (Construction Law Update) discussing various construction issues.  Their latest newsletter is titled "Change Order Crisis at the SCA."  If you do business with the SCA, we strongly recommend you read this update discussing issues with the SCA's policy and the language in the terms and conditions on handling change orders that you submit to the SCA.  The article starts with the following statistic: "It has been estimated that there are 5,000 outstanding, unresolved change orders pending at the New York City School Construction Authority totaling $600-800 million dollars."  That is an amazing amount money to be still on the table waiting for payment and, in this economy, that amount of money is having a significant effect on small businesses.  That effect probably matches the effect of unvailable financing for small businesses.  The article is written well and is very understandable for us non-legal types.

EPA Signs Agreement with Southampton Hospital to Enhance its Environmental Practices



Montauk Point, Long Island, NY

A few days ago the Environmental Protection Agency (EPA) announced that Southampton Hospital signed an agreement with them to join the Green Team.  The Green Team is an EPA Region 2 (includes New York, New Jersey, Puerto Rico, US Virgin Islands) team of experts that helps developers incorporate more sustainable construction, operation and maintenance practices into their projects through voluntary agreements called memorandums of understanding (MOU’s).

Under the agreement between Southampton Hospital and EPA, the hospital will:

• Reduce and eliminate mercury and other toxic substances throughout its facility.
• Join EPA’s WasteWise program, which provides technical assistance in developing waste reduction and recycling plans. A cardboard compactor will be purchased and installed at the loading dock so cardboard packaging can be recycled. The hospital estimates that it will recycle 10 tons of cardboard each year.
• Join the EPA ENERGY STAR Program and set a goal of reducing energy use by10%.
• Use water-saving WaterSense products in the renovation and upgrading of existing buildings and in new buildings. This will reduce water usage and the associated energy needs. An average WaterSense plumbing fixture saves 13,000 gallons each year.
• Use materials with recycled content for construction wherever possible.

EPA has similar agreements in place with a number of major sports organizations (New York Mets), universities (St. John's University), hospital systems (North Shore-Long Island Jewish), and real estate firms (Cushman & Wakefield) in New York and New Jersey. For more information on EPA green agreements, visit http://www.epa.gov/region02/greenteam/.  For more information on Southampton Hospital’s environmental efforts, visit http://www.southhamptonhospital.org/.


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OSHA Cites NJ Company For Scaffold Violations In Staten Island



Scaffolding in Glen Cove, NY

      The Occupational Safety and Health Administration (OSHA) cited Exterior Stucco Systems Inc. of Wayne, New Jersey with five repeat violations involving fall hazards related to the improper construction of scaffolding on a Staten Island, New York worksite.  Proposed penalties total $61,600. 
     OSHA initiated the inspection of the site on Sept. 1 as part of a local emphasis program focused on fall hazards in construction.  As a result, the company received citations for failing to maintain a safety program, not fully planking scaffold platforms, not providing a ladder for safe scaffold access, not removing and replacing damaged scaffold components, and not properly braceing scaffolds with cross braces.
     A repeat violation is issued when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. Due to the number of repeat violations cited, the company has been added to the Severe Violator Enforcement Program (SVEP).
     Initiated in June 2010, SVEP is intended to focus OSHA enforcement resources on recalcitrant employers that endanger workers by demonstrating indifference to their responsibilities under the law by committing willful, repeated or failure-to-abate violations in one or more of the following circumstances: a fatality or catastrophe; industry operations or processes that expose workers to severe occupational hazards; employee exposure to hazards related to the potential releases of highly hazardous chemicals; and all egregious enforcement actions. For more information on SVEP, visit http://www.osha.gov/dep/svep-directive.pdf.

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