Future Environment Designs Training Center's Blog

Friday, July 15, 2011

Deutsche Bank Fire Defendants All Acquitted Of Charges.

Last week, the three defendants charged with manslaughter and other charges of causing the fatalities at the former Deutsche Bank building, were acquitted of all charges. The jury cleared two former managers, Jeffrey Melofchik and Salvatore DePaolo, on June 29, while the Criminal Court Judge Rena K. Uviller acquitted Mitchel Alvo, on July 6. Uviller also tossed out the major charges against the subcontractor, The John Galt Corp., convicting the company only of a misdemeanor count of reckless endangerment.

Deutsche Bank Building WTC site New York, Dec ...

Image via Wikipedia

The former Deutsche Bank building was undergoing asbestos abatement and demolition at the time of the fire in 2007, that caused the death of firefighters Robert Beddia 53, and Joseph Graffagnino, 33, who died trying to fight the blaze. Charges included multiple counts of negligent homicide, manslaughter and reckless endangerment.
Defense attorneys were able to convince the judge and jury that the actual causes were more complicated. Those complications included:

New York City Fire Dept. did not abide by the 15-day rule of inspections
Errors made by the Lower Manhattan Development Corp. (LMDC)
The negative air system used in the abatement caused rising smoke to descend and block the firefighters vision.

It seems this may not be the end of the Deutsche Bank fire issues, because the Uniformed Fire Officers Association, which felt that the wrong people were charged, and thought the defendants were scapegoats, released the following statement: "We urge the Manhattan District Attorney Cyrus Vance heed his self-described duty as to do what is right in every case without fear or favor, wherever that may lead by re-opening an investigation into the Deutsche Bank fire. In fact, we are demanding that the District Attorney conduct an investigation into the LMDC."

Wednesday, July 13, 2011

If a Natural Disaster Occurred, Are You Ready to Help?"

Hurricane Katrina in the Gulf of Mexico near i...

Image via Wikipedia

The June issue of the Environmental Marketer Newsletter written by Paul Cochrane, of Cochrane and Associates, asks -"If a Natural Disaster Occurred Tomorrow, Would Your Environmental Business Be Ready to Help?" Considering 2011 has been a historic year for natural disasters, we've seen everything from flooding, tornadoes, earthquakes, wildfires, and tsunamis. With hurricane season just starting and the National Oceanic and Atmospheric Administration (NOAA) predicting this season as being above average with as many as 10 hurricanes. Is your business prepared to help is an appropriate question.
Unfortunately, when tragedy hits for some people,it leads to opportunities for others. This article discusses how these opportunities will only come your way if your business is prepared. In defining prepared, this article is not talking about logistics of handling work but rather what are you doing to market yourself and make sure you are the one being called upon to provide the services or products needed.
So how do you position an environmental or IAQ business for something that hasn't even happened? Here are a few marketing and public relations concepts, from Mr. Cochrane, that can help:

Online content - Develop information for the company website for dealing with various natural disasters.
Online videos - Similar to the concept above, create and post on the company website, as well as on YouTube, online videos about preventing and managing natural disasters.
Marketing Collateral - Have materials ready and available to hand out that deal with all the natural disasters found in the areas your company services.

The following was just a summation of the article visit http://archive.constantcontact.com/fs067/1102452067835/archive/1106250374002.html for further information. Be prepared and be safe this season.

Tuesday, July 12, 2011

Summer & Fall 2011 Future Focus Now Available Online

Could This Asbestos Mine Reopen?

Just finished posting the Summer & Fall 2011 Future Focus Newsletter. We're re-focusing the newsletter to keep it from seeming the same as all the marketing media we do. We will only publish the newsletter twice per year and the feature article will be more about the future and big picture versus the daily happenings. You can find our posts and discussions on the daily happenings here in this blog, or our posts on Facebook at Future Environment Designs Training Center, or posts on Linked-In at the New York State Asbestos Group, or you can follow our tweets on Twitter at Angelo Garcia, III.

Friday, July 08, 2011

CMM Realty Alleged to Have Violated OSH Act and Clean Air Act

The U.S. Department of Labor's Occupational Safety and Health Administration has sued CMM Realty Inc. for allegedly firing an employee who voiced and reported workplace and environmental concerns regarding asbestos at one of the company's worksites.
The lawsuit, filed in the U.S. District Court for the District of South Carolina, Columbia Division, alleges that the company violated the Occupational Safety and Health Act when it terminated the individual's employment. OSHA is asking that the court provide him all appropriate relief, including reinstatement to his former position, back pay, interest and compensatory damages, as well as prohibit the defendant from future violations.
On May 13, 2009, the employee voiced concerns to the owner of CMM Realty concerning asbestos exposure at the company's Briargate Condominiums. The following day, he filed complaints with the South Carolina Occupational Safety and Health Administration and the South Carolina Department of Health and Environmental Conservations. Both agencies conducted inspections and issued citations against CMM Realty for violating asbestos control standards. On that same day, the employee was informed that his services were no longer needed. On May 18, he was notified officially of his termination from the company.
In June 2009, the employee filed a whistleblower complaint with OSHA. After conducting an investigation, the agency found that CMM Realty unlawfully had terminated the individual's employment for reporting concerns to management about exposure to asbestos and for filing complaints with the two state agencies. In November 2010, OSHA enforced the whistleblower provisions of the Clean Air Act by ordering the company to reinstate the whistleblower and pay him $56,222 in compensatory damages and back wages, which continue to accumulate while he is out of work. The company appealed that order to the department's Office of Administrative Law Judges, where it awaits review.
OSHA is now suing the company in federal court for violating Section 11(c) of the OSH Act, which forbids companies from discriminating against an employee because he or she has filed a complaint with OSHA.
CMM Realty Inc. is a real estate management corporation with its main office in Columbia, S.C.
OSHA is represented in federal district court by the Labor Department's Office of the Solicitor.

Thursday, July 07, 2011

North Country Chamber of Commerce's Business Expo a Success

FED Booth at the North Country Business Expo

On Thursday, June 9, we exhibited at the North Country Chamber of Commerce's (http://www.northcountrychamber.com/default.php) Business Expo. The Expo was held at the Plattsburgh State University Field House. The venue had plenty of space for all the exhibitors (186 exhibitors from published reports) but the temperature the day of the event was 80 degrees F (which made the Field House pretty warm). Unfortunately, the Field House is naturally air condition (meaning you open all the doors and you allow the cross-ventilation to cool the building down).
The 186 exhibitors ranged from Champlain Vally Hospital, AT&T, to a local pharmacy. Some interesting included Nova Bus, Lake City Fire Equipment, and the Wild Center. Lake City Fire Equipment (www.lakecityfireequipment.com) does training, service, sale, and inspection of fire extinguishers. While The Wild Center (http://wildcenter.org/index.php) is a not-for-profit organization located on a 31-acre site in the Town of Tupper Lake, NY near the geographic center of the Adirondack Park. The Wild Center is dedicated to understanding the Adirondack Park, and is committed to helping people explore not a small collection, but one that lives and breathes across the entire expanse of the Adirondacks.
Though the venue was very hot and stifling at times, we had a great event and made several new contacts. We set several goals for the Business Expo to assist our business (primary goal was to increase the contacts we had in the area), and we feel these goals were accomplished, making this a very worthwhile event.

Wednesday, July 06, 2011

EPA Issues Press Release On Reducing Asthma Attacks During Summer

Image via WikipediaThe Environmental Protection Agency (EPA) warns that hot weather can cause ozone levels to rise, making the air unhealthy to breathe, especially for people with asthma or other respiratory ailments. Throughout the hot summer months, it’s important to pay close attention to the air quality. Like the weather, air quality can change from day to day or even hour to hour, and can have a serious affect on people’s health.

The Air Quality Index uses a color-coded system to display whether the five major air pollutants exceed air quality standards for the day. When the Air Quality Index reports unhealthy levels, people, particularly asthmatics and others with respiratory ailments, should limit strenuous outdoor activities.

During the summer when ozone levels rise, the number of people with asthma related symptoms admitted to hospitals and emergency rooms increases. Asthma rates – especially among children – have increased dramatically. Asthma affects 25 million people in the United States, including seven million children. That’s 8 percent of the population. One out of every 10 school-aged children is affected. In addition to talking with health care providers, these steps can help prevent an asthma episode:

Play it safe. Ground-level ozone and particle pollution can make an asthma episode even worse. Look for the Air Quality Index (AQI) during the local weather report or go to EPA’s website http://www.airnow.gov
Don’t smoke in the home. Take it outside. One of the most common asthma triggers in the home is second- hand smoke. Take the EPA ‘smoke-free home’ pledge: http://www.epa.gov/smokefree
Break the mold. Mold is another asthma trigger. The key to controlling mold is controlling moisture. Wash and dry hard surfaces to prevent and remove mold. Remove, and if possible replace, moldy ceiling tiles and carpet. For more see EPA’s website: http://www.epa.gov/asthma/molds.html

For information on EPA’s regional asthma program and other asthma triggers please see: http://www.epa.gov/asthma/awm

To hear an audio podcast about asthma: http://www.epa.gov/region2/mediacenter/podcast.html

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Tuesday, July 05, 2011

Canada Blocks Asbestos's Placement on UN's List of Hazardous Substances

Kathleen Ruff wrote an excellent piece in the June Newsletter of the Asbestos Disease Awareness Organization (ADAO) regarding "Canada's Refused to Allow Asbestos to be Put on United Nations List of Hazardous Substances." Ms. Ruff's article discusses what occurred at the UN Conference in Geneva June 20 to 24, where more than a hundred countries present were on the point of achieving consensus to add chrysotile asbestos to the Rotterdam Convention's list of hazardous substances. Countries can still export substances on the list, but they must first obtain Prior Informed Consent.

The asbestos lobby has used its political power over the past several years to prevent chrysotile asbestos from being put on the list of hazardous substances, as they deny that chrysotile asbestos is hazardous. So at the meeting in Geneva, Canada again intervened and would not agree to letting chrysotile asbestos be put on the Convention's list of hazardous substances. Canada, single-handedly, destroyed consensus and prevented action on chrysotile asbestos. According to Ms. Ruff, Canada refused to give any reason for its immoral and destructive conduct in sabotaging the Convention. As a consequence, the asbestos industry can continue selling asbestos to developing countries, without giving any information of its hazards.