Licensed Lead and Asbestos Inspector Sentenced to 63 Months in Prison

Image via WikipediaOn December 21, 2010, Preet Bharara, the United States Attorney for the Southern District of New York, aanounced that Saverio Todaro was sentenced to 63 months in prison for falsifying lead and asbestos inspection and testing reports for residences and other locations throughout the New York City area.  In addition, he was ordered to forfeit $304,395 and to pay $107,194 in restitution to the victims of his crimes and a fine of $45,000.  Mr. Todaro pled guility on March 6, 2010 to an 11-count indictment charging him with five counts of false statements, three counts of mail fraud, and three counts of violations of the Toxic Substances Control Act.  The sentences was imposed by U. S. District Judge Kimba M. Wood.
As we have discussed in our classes, this case has focused a bad light on the asbestos and lead consulting field.  This case will bring scrutiny and focus on the work of asbestos and lead inspectors throughout New York State and New York City.  In imposing the senence, Judge Wood stated that Todaro's crimes were "monumental."  Judge Wood noted that the health of New York City children and adults "heavily depends on inspectors" such as Todaro, and that the public "needs to be able to trust" them.  She stated that the sentence needed to send a message to all New York City inspectors that they are guardians of the public trust and that dishonesty in inspections will be punished.
There is no question that the acts of this individual were so outrageous it is not typical of the industry.  Realize this like Roslyn School District has changed the way things are done in schools.  This case may have similar impacts on our industry.  Asbestos and lead inspectors should be very carefull going forward in ensuring your inspections are performed in accordance with the regulations and standards for asbestos and lead.

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AIHA Survey Indicates Issues That Concern Industrial Hygiene Profession

Image via WikipediaThe American Industrial Hygiene Association (AIHA) conducts a biennial public policy survey of its members to determine concerns for the industrial hygiene profession in 2011-2012.  The survey was conducted on-line in October, 2010.  The AIHA uses the survey to list the top public policy issues of concern to AIHA members and the occupational and environmental health and safety (OEHS) profession over the next two years.  AIHA will review existing white papers and position statements, as well as draft new position statements, to determine the appropriate response to each of the issues.

Overall the Top Issues for 2011-2012 are:

• Permissible Exposure Limits (PELs) – Updating The Occupational Safety and Health Administration (OSHA) PELs are consensus-based limits that indicate how long an individual can be exposed to a particular substance without experiencing harmful effects. The occupational health and safety profession considers PELs to be one of the most basic tools needed to protect workers. However, many PELs have not been updated since the 1960s and 1970s. Science in this area has matured, but the PELs have not. AIHA continues to work with OSHA, Congress and others to reach a consensus on the best way to update the PELs.
• Injury and Illness Prevention Program (I2P2) - OSHA is developing a rule to require employers to establish and maintain an Injury and Illness Prevention Program. It involves identifying and controlling hazards as well as planning, implementing, evaluating and improving processes and activities that protect employee safety and health. AIHA has been providing leadership in the development of OHS management science and practice since its inception. AIHA supports the need and importance in defining effective occupational health and safety programs and the acceptance in the IH and safety community that hazard assessment and implementation of a written safety and health program are parts of minimum acceptable professional practice on any work site.
• Material Safety Data Sheets (MSDS) / Globally Harmonized System (GHS) AIHA supports efforts to improve the accuracy of MSDS and supports efforts to improve hazard communication for employers and employees. Such efforts are also a crucial element in protecting workers and others in case of national emergencies. A major part of improving hazard communication is adoption of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). AIHA supports adoption of the GHS.
• Professional Recognition/Title Protection - This issue continues to appear in the top public policy issues for AIHA, as it has since 1993. Professional recognition/title protection allows industrial hygienists and others who have met minimum educational and experience requirements (such as certified industrial hygienists and certified safety professionals) to be legally defined and recognized as competent to perform certain work without the need for additional requirements. One area of concern is the continued influx of specific occupational health and safety titles that are awarded by non-accredited bodies and the attempt to recognize these titles in various policy making activities. AIHA continues to educate federal and state policymakers about the importance of recognizing those professionals who have received education and certification from nationally recognized and accredited organizations.
• OSHA Reform and NIOSH Recognition - Each year Congress introduces and considers legislation to amend the Occupational Safety and Health Act. This legislation addresses many parts of the OSH Act, including criminal penalties, whistleblower protections, expansion of coverage, and the Voluntary Protection Program. AIHA supports efforts to review and amend the OSH Act if changes provide added protection for workers. AIHA also supports efforts to protect the National Institute for Occupational Safety and Health (NIOSH) from attempts to diminish the importance of the Institute and its research. AIHA supports appropriations to adequately fund both OSHA and NIOSH.
• Laboratory Accreditation  - Accredited laboratories are the best way to ensure that test samples of potential workplace hazards are analyzed correctly. AIHA continues working to see that the AIHA laboratory accreditation program is internationally recognized and noted in federal and state legislation and regulation as one of the programs with recognition and acceptance.

For further information regarding AIHA's top policy issues for 2011–2012, please contact Aaron Trippler at atrippler@aiha.org.

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The Importance of Developing a Marketing Plan

Image by EmaStudios via FlickrThe above linked article by Cochrane & Associates, LLC, an environmental, mold, heating ventilation and air conditioning (HVAC), and indoor air quality industries' only dedicated marketing, public relations and business development consulting firm, discusses the importance of developing a marketing plan.  Now is the time to develop your plan for 2011.  The article discusses the important points of a marketing plan these are:

• Goals
• Methods
• Frequency
• Timeframes
• Assign Tasks
• Budget
• Methods for Evaluating Success

Read the article to find out the details.

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OSHA Orders John Galt Corp. to Compensate Worker Fired After Raising Health and Safety Issues at the Deutsche Bank Building in NYC

Respirators Should Be Fit Tested Before Use

On Thursday, October 14, 2010, the U.S. Department of Labor obtained a consent judgment ordering The John Galt Corp. and two of its former managers, Mitchel Alvo and Dorota Lebkowska, to compensate a worker who was fired for raising a health and safety issue during an asbestos removal project the defendants oversaw at the former Deutsche Bank Building at 130 Liberty St. in Manhattan, New York.
According to the press release the worker filed a complaint with the department's Occupational Safety and Health Administration in August 2006, alleging that he had been fired after requesting additional respirator filter cartridges for himself and for fellow workers performing asbestos removal at the site.  OSHA's investigation found merit to the complaint.  The department's Regional Office of the Solicitor in New York filed suit in the U.S. District Court for the Southern District of New York after the defendants refused to reinstate and compensate the worker.
As a result of that legal action, the defendants have signed a consent judgment that orders them to pay the worker $55,000 in back wages and expunge all references to suspension or dismissal from his personnel file.  The judgment also prohibits the defendants from discriminating against employees who file a complaint with OSHA, participate in an OSHA inspection or otherwise exercise their rights under Section 11(c) of the Occupational Safety and Health Act.
"Terminating workers who raise legitimate safety and health issues is unacceptable," said Robert Kulick, OSHA's regional administrator in New York.  "Intimidating workers into a dangerous silence can mask hazardous and potentially deadly conditions.  Employers should be aware that we will pursue appropriate legal remedies in such cases."
Section 11(c) of the OSH Act protects employees' rights to file a complaint with OSHA or to bring safety and health issues to the attention of their employers without fear of termination or other reprisal.  OSHA also enforces statutes protecting employees who report violations of various railway, securities, trucking, airline, nuclear power, pipeline, environmental, public transportation and consumer product safety laws.  Detailed information is available online at: http://www.whistleblowers.gov/.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees.  OSHA's role is to assure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance.  For more information, visit http://www.osha.gov/.

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EPA Reports a Successful Year Enforcing Environmental Law

Image via WikipediaThe U.S. Environmental Protection Agency posted information illustrating its very successful past year in enforcing environmental law.  In the past federal fiscal year, which ran from October 1, 2009 through September 30, 2010, the Agency took actions that reduced pollution and ensured that environmental laws are being followed.  In the past fiscal year, EPA took enforcement and compliance actions in New York State that require polluters to pay nearly $2 million in penalties and take actions that will result in the reduction of more than 41 million pounds of pollution.

Detailed information about EPA’s enforcement of environmental laws can be viewed using an interactive Web-based tool that includes statistics and highlights on a state-by-state basis. The website also includes a map that provides the public with detailed information about the enforcement actions taken at more than 4,500 facilities throughout the U.S, Puerto Rico and the U.S. Virgin Island.

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Study Indicates Increase in Risk of Childhood Leukemia Based on Living Close to Heavy-Traffic Roads.

Image via Wikipedia A recent study published in Environmental Health Perspectives called "Road Traffic and Childhood Leukemia: The ESCALE Study (SFCE)" indicated an increased risk of childhood leukemia among children that lived close to heavy-traffic roads.  Published in Environmental Health Perspectives on December 8, 2010, the research used the national registry-based case-control study (ESCALE) carried out in France.  Over the study period, 2003-2004, 763 cases and 1681 controls less than 15 years old were included and the controls were frequency matched with the cases on age and gender.  The study showed acute leukemia was significantly associated with estimates of traffic nitrogen dixode (NO2) concentration at the place of residence greater than 27.7µg/m3 compared to NO2 concentration less than 21.9µg/m3 and with the presence of a heavy-traffic road within 500 meters compared to the absence of a heavy-traffic road in the same area.  The basic conclusion of the study was that it supports the hypothesis that living close to heavy-traffic roads may increase the risk of childhood leukemia.
This study obviously has significant implications for children living near heavy-traffic roads (i.e., the Long Island Expressway) and the indoor air quality where they live.  This puts even more emphasis on reducing the emissions from the vehicles that travel these roads.

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Asbestos Victims in India on a Hunger Strike

Image via Wikipedia

Chest X-ray with Asbestosis.

A group of alleged asbestosis victims from Jhadole in Udaipur, Rajasthan are sitting on a hunger strike in front of the sub-divisional magistrate's (SDM) office in Udaipur, in India.  The victims are demanding that the reports of the medical tests done on them by the National Institute of Occupational Health (NIOH), Ahmedabad, be made available to them.      NIOH had done a test on about 166 persons from Jhadole and Devigarh to ascertain whether they are affected with asbestosis.  These persons had been working in asbestos mines before the mining of asbestos was banned in India.  But while the doctors who had conducted the tests have published research papers (even included in NIOH newsletters) confirming asbestosis in at least 93 persons, none of them have been personally given the test report even after they had applied for it.  Even the names of those affected have not been made available.  Without this information, the miners are unable to claim any compensation or receive proper treatment.
     NIOH had conducted tests on 163 persons, including 56 females.  While pursuing the difficult task of getting one’s own medical reports 18 persons have already died and we don't know if they were from amongst those who were ascertained to be positive or are from the others.
     We are amazed with this situation because not only would this not happen in the United States, but the Doctors involved with the research would be held liable in the United States for not providing the information to the workers.  We guess the Doctor's code of do no harm does not apply to Doctors in India.  What do these researchers think they are doing the research for?  The researchers themselves should be ostracized.  This is the worst kind of researcher one who is interested in the research with no regard for the subjects of their research.

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