Colorado Man's Home is a Living Laboratory.

Part 2 of the "Killer In The Attic" articles from AOL News discussed the story of 71 year-old William Cawlfield, who has mesothelioma.  Mr. Cawlfield lives in a two-story red-brick farmhouse in Pueblo, Colorado that had been his family's home for more than a century.  When he was 15 years old Mr. Cawlfield helped his father install Zonolite insulation in the attic.  In addition, Mr Cawlfield also said "I used to play up there and kept my toys and a bunch of books because it was like a sand pile where I could hide things,..."  He had no knowledge that the material contained asbestos.

Last month, Cawlfield stood outside his family's home watching a specially trained asbestos-removal experts wearing respirators and dressed head to toe in Tyvek carefully remove the Zonolite insulation from inside. He was paying $15,000 to have them do so.  The reason he was doing this was testing conducted by the Environmental Protection Agency's (EPA) Denver regional office found that high levels of the lethal tremolite fibers were released from the Zonolite insulation that was spread between the rafters in its attic.  EPA inspectors concluded that the almost-invisible asbestos-containing dust from the Zonolite sifted though the light fixtures and switches, ceiling fans and the seams of dried-out joint tape.  Copies of the reports from EPA (that AOL News obtained) determined that some of the levels of asbestos recorded in the house exceeded the maximum number of lethal fibers that the Occupational Safety and Health Administration (OSHA) says is too dangerous for workers.

Unfortunately, EPA continues to not provide any guidance to the asbestos abatement industry on how to handle this material and continues to rely on its website as the only source of information on this dangerous situation.

Related articles

• Government Refuses to Act on Cancer-Causing Insulation (futureenv.blogspot.com)
• Asbestos-Tainted Zonolite Still Ignored By Feds: Government Refuses To Act (huffingtonpost.com)
• "It's on our website": an insufficient response to asbestos danger lurking in millons of attics (scienceblogs.com)
• Window Company Owner Fined Following Asbestos Exposure (first4lawyers.com)
• The EPA Tracks Down its Asbestos-Abetting Fugitive (sierraclub.typepad.com)

OSHA Proposes $51,000 in Fines Against David H. Koch Theater in New York for Asbestos, Fall and Crushing Hazards

Image via WikipediaThe Occupational Safety and Health Administration (OSHA) has cited the David H. Koch Theater, located at the Lincoln Center for the Performing Arts in Manhattan, for alleged repeat and serious violations of workplace health and safety standards. The theater faces a total of $51,000 in proposed fines, chiefly for asbestos, fall and crushing hazards identified during an OSHA inspection prompted by worker complaints.

OSHA's inspection found that employees of the theater and of outside contractors had not been informed of the presence of asbestos-containing and potentially asbestos-containing materials in the theater's promenade area and in nearby electrical closets. The materials had not been labeled and asbestos warning signs had not been posted.
In addition, an exit door was stuck and unable to be used, and a portable fire extinguisher was not mounted. As these conditions were similar to those cited by OSHA during a 2009 inspection of the theater, they resulted in the agency issuing the theater four repeat citations with $45,000 in proposed fines. 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.
"The recurrence of these conditions is disturbing," said Kay Gee, OSHA's Manhattan area director. "For the health and safety of its employees as well as outside contractors, the theater must take effective steps to identify and permanently eliminate these and other hazards identified during this latest OSHA inspection."
OSHA also found that, due to a lack of guarding, theater employees were exposed to falls into the orchestra pit when the stage was raised above the pit, and to being struck or crushed by the stage when it descended into the pit. These conditions, plus the use of temporary wiring in place of permanent lighting in the promenade area, resulted in OSHA also issuing the theater three serious citations with $6,000 in proposed fines. A serious citation is issued when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
"One means of eliminating hazards such as these is for employers to establish an illness and injury prevention program, in which workers and management jointly work to identify and eliminate hazardous conditions on a continual basis," said Robert Kulick, OSHA's regional administrator in New York.
The theater has 15 business days from receipt of the citations and proposed penalties to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Manhattan Area Office, telephone 212-620-3200. To report workplace accidents, fatalities or situations posing imminent danger to workers, call OSHA's toll-free hotline at 800-321-OSHA (6742).

Related articles

• OSHA Cites New York Contractor for Steel Erection, Fall and Scaffold Hazards After Fatality (ehssafetynews.wordpress.com)
• OSHA Quick Takes - December 1, 2010 (ehssafetynews.wordpress.com)
• OSHA directive continues targeting inspection program for protecting federal workers (ehssafetynews.wordpress.com)
• OSHA Cites NJ Company For Scaffold Violations In Staten Island (futureenv.blogspot.com)
• New OSHA Fall Protection Standards & Effect on Aircraft Workers (ehssafetynews.wordpress.com)
• Houston Company Cited by OSHA for Paperwork Errors (eon.businesswire.com)

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.

Related articles

• Nanotechnology Now - Press Release: "Nanomaterial safety a ... (nanotech-now.com)
• Free Tool Now Available to Conduct OSHA-Required PPE Assessment (prweb.com)
• OSHA Quick Takes - November 1, 2010 (ehssafetynews.wordpress.com)
• Hearing Conservation Clinic to Be Held in Chicago April 13, 2010 (eon.businesswire.com)

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.

Related articles

• Study suggests that being too clean can make people sick (eurekalert.org)
• Being Too Clean Can Make People Sick (science.slashdot.org)
• Too Much Hygiene May Affect Immune System, Study Suggests (nlm.nih.gov)
• "Study: Bisphenol A, Triclosan and The Hygienic Hypothesis" and related posts (afludiary.blogspot.com)
• You can be too clean: Chemicals in soap can harm children's health (dailymail.co.uk)
• Study Shows That Pesticides Make Women Sick (food.change.org)

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.

Related articles

• "It's on our website": an insufficient response to asbestos danger lurking in millons of attics (scienceblogs.com)
• Asbestos-Tainted Zonolite Still Ignored By Feds: Government Refuses To Act (huffingtonpost.com)
• Avoiding Asbestos Exposure In Older Homes (homerenorepair.suite101.com)
• Asian anti-asbestos delegation headed to Quebec (ctv.ca)
• Asbestos Exposure Results in Fine for Pub Operator (first4lawyers.com)
• The Dangers of Vermiculite Soil Conditioners (public-healthcare-issues.suite101.com)

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.

Related articles

• Quebec asbestos mine may have investors: Owner (canada.com)
• India group bids on Quebec asbestos mine (cbc.ca)
• BBC asbestos report slams Canada (cbc.ca)
• Global asbestos trade (bbc.co.uk)
• Canada should get out of asbestos business: Ignatieff (canada.com)
• Asbestos Disease Awareness Organization Responds to Potential Canadian Efforts to Revive Jeffrey Mine (eon.businesswire.com)

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.