OSHA Quicktakes Announces HAZCOMM Standard Revision

The March 22, 2012 (Volume 11, Issue 7) of the Occupational Safety and Health Administration's (OSHA) "QuickTakes" anounced "OSHA Aligns HazardCommunication Standard with the United Nations' Globally Harmonized System ofClassification and Labeling of Chemicals."  This announcement has been awaited by the environmental, industrial hygiene, and safety industry for some time now.  The QuickTakes discusses the March 20 press teleconference hosted by Secretary of Labor Hilda Solis joined by Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels announcing the final rule updating OSHA's Hazard Communication Standard.



Globally Harmonized System of Classification and Labelling of Chemicals (GHS) pictogram for corrosive substances (Photo credit: Wikipedia)

The purpose of the revision is to align the standard with the United Nations' Globally Harmonized System of Classification and Labeling of Chemicals.  The standard should better protect workers and help American businesses compete in a global economy.
Assistant Secretary Michaels explained that OSHA's revised Hazard Communication standard (HCS), which will be fully implemented in 2016, benefits workers by reducing confusion in the workplace, facilitating safety training, and improving understandings of hazards, especially for low-wage and limited-literacy workers. The harmonized standard will classify chemicals according to their health and physical hazards, and establish consistent labels and safety data sheets (SDS) for all chemicals made in the United States or imported from abroad.  For more information, listen to an audio-recording of the press conference and see the press release.
Employers must train workers on the new label elements and SDS format by December 1, 2013. Chemical manufacturers, importers, distributors, and employers must comply with all modified provisions of the final rule by June 1, 2015.  However, distributors may ship products labeled by manufacturers under the old system until December 1, 2015.  By June 1, 2016, employers must update alternative workplace labeling and hazard communication programs as necessary, and provide additional worker training for new identified physical and health hazards.  During this transition period, all chemical manufacturers, importers, distributors, and employers may comply with either 29 CFR 1910.1200 (this final standard), or the current standard, or both.

Related articles

• OSHA Quick Takes - SPECIAL ISSUE: OSHA Aligns Hazard Communication Standard with the United Nations' Globally Harmonized System of Classification and Labeling of Chemicals (ehssafetynews.com)
• US Department of Labor's OSHA revises Hazard Communication Standard (prnewswire.com)
• Workplace Safety and Law Development Expected in 2012 (unitedallianceservices.typepad.com)
• Global Harmonization: What You Need To Know - and Do (ehssafetynews.com)
• Gov't requires new labels for hazardous chemicals (seattletimes.nwsource.com)
• Gov't requires new labels for hazardous chemicals (news.yahoo.com)

Kings Park Psychiatric Center Bid Awarded to Low Bidder

On Saturday, March 10, 2010, Mr. Carl MacGowan of Newsday wrote an article regarding the demolition jobs that will be created by National Salvage & Service Corp. the winner of the Kings Park Psychiatric Center bid.  As we discussed in a previous blog post, we are concerned about whether this contractor understands New York State laws regarding labor, asbestos, transportation, and insurance.

This equipment could be used to tear down buildings.

The article states that National Salvage is expected to employ about 65 people to demolish 15 buildings and is unsure how many of those jobs would be going to local people (even if those jobs go to out-of-state people they would have to be paid prevailing wage as per New York State laws).  In addition, National Salvage anticipates using local subcontractors for work such as security, surveying, and removing asbestos and hazardous materials.  They will also be subcontracting 20% of the work to businesses owned by minorities and women. 

Even with all of this we still say, the devil will be in the details.  We have discussed this project in several classes, and the concensus in our classes is it will be interesting to see if the project remains at $6.4 million or will the change orders and extras bring the project closer to the $15 million budget or exceed it? 

Related articles

• Kings Park Psychiatric Center Demolition Up For Bid (futureenv.blogspot.com)
• Toxic Dusts - Demolition Implications (futureenv.blogspot.com)
• Indiana Firm Wins Kings Park Demoliton Contract (newsday.com)
• Kings Park Psychiatric Center's Lowest Bidder - Cause for Concern? (futureenv.blogspot.com)
• The synchronicity of safety and environment (safetyatworkblog.com)

Honoring Dr. Alice Hamilton For Women's History Month



Image via Wikipedia

Recently saw a tweet by the Young Workers honoring Dr. Alice Hamilton (For Women's history month -- Alice Hamilton (NIOSH video 1988; http://www.youtube.com/watch?v=E75pST2QTEM&feature=colike).  It still surprises us when we see a video on the pioneers in the industrial hygiene field, discussing issues we are still dealing with today.  Dr. Hamilton was dealing with imigrant labor being mistreated similar to what we see today with undocumented/illegal aliens.  Dr. Hamilton also was dealing with workers being exposed to various toxic dusts and then the workers developing various diseases caused by these exposures.  Today we still see this happening as we've written about in our current newsletter (Toxic Dusts - Demolition Implications).  When will we learn from our previous mistakes?  When will we stop the exposures and the resulting illnesses?  When will we start to care?
 

Related articles

• Respiratory Protection for Workers Handling Engineered Nanoparticles (cdc.gov)
• Toxic Dusts - Demolition Implications (futureenv.blogspot.com)
• Potential Role of Parents' Work Exposures in Autism Risk Examined: Possible Link Between Some Work Exposures and Risk for Offspring, Study (biospace.com)

Kings Park Psychiatric Center's Lowest Bidder - Cause for Concern?

We recently received a copy of the range of bids on the Kings Park Psychiatric Center project.  Though the low bidder is under the budgeted amount of $15 million (see Newsday article), the spread between them and the next bidder is $1.78 million.  The spread between the second and third bidder was only approximately $230,000 and the average bid was $13.988 million.  This spread and the fact the low bidder is half the average bid may or may not be cause for concern.  It is important to remember that lowest bidder must be a responsible bidder.  On this point there are two obvious concerns regarding the lowest bidder, first they are an out-of-state bidder (Indiana) and, as of February 21, 2012, they are not a New York State Licensed Asbestos Contractor.  Under New York State Industrial Code Rule 56-3.1 (c), "a copy of a valid New York State Asbestos Handling License shall be submitted by the bidder prior to award of any contract all or part of which involves an asbestos project." At this point, unless the low bidder has a subcontractor doing the asbestos work involved with this contract, they cannot be awarded bid.  In addition, out-of-state contractors always cause worries because it brings up questions like: 

• Do they know New York State is a prevailing wage state (meaning you must pay workers on the project the prevailing wage rate for Suffolk County based on their job classification)? 
• Do they know that New York State has asbestos regulations that are some of strictest in the country? 
• Do they know  that New York State requires all workers, including the operating engineers to have asbestos supervisor or handler certificates?
• Do they know that when you do controlled demolition (56-11.5) with asbestos in place in New York State you cannot salvage/recycle/or reuse the building materials, they all (except obvious must be disposed of as regulated asbestos containing materials (RACM)?  This means the material have to be hauled by asbestos licensed hauler to an Environmental Protection Agency approved landfill that accepts RACM materials.
• Do they meet the insurance requirements in New York State, has their insurance provided riders or attachments for workers compensation and disability?

Controlled Demolition is covered under NYSDOL ICR 56

We have many clients who set-up post bid meetings (some even video tape these meetings) with the contractor and ensure the contractor understands all sections of the contract giving the contractor the opportunity to pull-out of the contract if they missed or misunderstood something.  We strongly recommend the designers/owners of this project give this contractor every opportunity to withdraw their bid and make sure the contract is awarded to someone that understands and can meet all the requirements and intricacies of working inside New York State.

Related articles

• NYCDEP Issues Advisory Memo (futureenv.blogspot.com)
• What Happened with NYS ELAP Ceiling Tile Analysis? (futureenv.blogspot.com)
• Kings Park Psychiatric Center Goes Up For Bid (futureenv.blogspot.com)

NYCDEP Issues Advisory Memo

We recently received an advisory memorandum from Mr. Steven A. Camaiore, P.E., the Director of the Asbestos Control Program for New York City Department of Environmental Protection (NYCDEP).  The Advisory had several important points and interesting bits of information.  For example did you know NYCDEP was issuing violations directly to asbestos handlers for obvious violations in which the handler was directly at fault?  Some of the violations they have issued are:

• worker not wearing gloves,
• worker engaged in dry removal,
• worker not taking a shower,
• or a worker altering their certificate.

This seems to have opened a new area of revenue for NYCDEP.  Though I don't know how much money they are likely to get from asbestos handlers.

Asbestos Supervisors are already getting violations for dry removal or 5 or more violations on the site.

Another enforcement action NYCDEP announced was giving applicants until March 15, 2012 to close out projects filed in the January and February of 2011.  Applicants are required to close-out their project(s), NYCDEP, with this memo, is notifying applicants that if their project is still open after March 15 they will take enforcement action.  In addition, NYCDEP will begin strictly enforcing the following sub-sections of the asbestos regulations:

• 1-26 (e) Failure to terminate asbestos abatement permit within year
• 1-44(d) Analysis and Reporting Results
• 1-112 (m) Additional Clean-up Procedures (Final)
• 1-28 (h) Clean-up Procedures: Preparation for Clearance Air Monitoring

It certainly seems NYCDEP continues to show how government agencies should be enforcing their regulations.  You can find the memo at: http://futureenvironmentdesigns.com/news.html.

Related articles

• NYC DEP Plans Increase In Enforcement On Asbestos Investigators (futureenv.blogspot.com)
• Asbestos company owners convicted on criminal charges in Italy; but asbestos still lethal and legal in the US (scienceblogs.com)
• Audits Planned for Asbestos Inspections (green.blogs.nytimes.com)
• NIOSH Blog Discusses Erionite (futureenv.blogspot.com)
• What Happened with NYS ELAP Ceiling Tile Analysis? (futureenv.blogspot.com)
• 16th Annual PACNY Environmental Conference Being Held March 1 & 2, 2012 (futureenv.blogspot.com)

Fact Sheet About Third-Hand Smoke, Hookahs, & E Cigarettes

     We recently read a fact sheet on Third-Hand Smoke, Hookahs, and Electronic Cigarettes that will eventually be available on the website:  www.smokefreeapartments.org.

Image via Wikipedia

     We found this fact sheet fascinating because this was the first we heard about "third-hand smoke."  We've previously heard about second-hand smoke (which is the smoke that comes off the end of the cigarette or cigar combined with the smoke exhaled by the person who is smoking) and the dangers.  According to the Surgeon General, there is no safe level of exposure for secondhand tobacco smoke.  Considering that tobacco smoke contains 7,000 chemicals and compounds, and more than 70 of them can cause cancer, it is not surprising.

     Which brings us back to the question what is third-hand smoke?  Third-hand smoke is that smell of smoke you get from places where individuals have smoked.  Third-hand smoke consists of the chemicals which remain in a room after the smoking has stopped.  Many of the chemicals in cigarette smoke can cling to walls, ceilings, & other surfaces or can absorb into carpets, drapes, & other fabrics.  A scientific study in 2002 showed that these chemicals can "offgas" back into the air & even re-combine to form harmful compounds that stay at high levels long after smoking has stopped. 

    The fact sheet is even more interesting when discussing Hookahs which has become because of the false notion that it is safer than smoking cigarettes.  Studies have shown that secondhand hookah smoke contains the same cancer-causing chemicals found in secondhad smoke from cigarettes & cigars, along with delivering three times more carbon monoxide, about the same amount of nicotine as cigarettes, and 40% more smoke by volume than cigarettes.
     While it seems their is not enough information available yet on e-cigarettes.  As a whole the fact sheet was very interesting and the website gives resources on banning smoking in apartments, which based on the fact sheet, we would highly recommend building owners develop procedures and rules on handling secondhand and now third-hand smoke.

Related articles

• Secondhand smoke results in graft rejection (eurekalert.org)
• The "New" Cigarette We're All Smoking (Myself Included) (fancyayancey.wordpress.com)
• What exactly are Electronic- Cigarettes? (boldstate.com)
• Second hand smoke in cars still big risk for kids, study says (parentcentral.ca)
• Cigarettes and Smoking Should Be Illegal (thusspokejon.wordpress.com)

16th Annual PACNY Environmental Conference Being Held March 1 & 2, 2012

6th Annual PACNY Environmental Conference Turning Stone Resort & Casino, Verona, NY Thursday & Friday, March 1st & 2nd, 2012 This years Speakers are: Paul Watson of ATC to speak about PCBs  Bob Krell will address indoor air quality issues Kevin Murphy will discuss the process of accusal and/or claims avoidance Ron Williams from OSHA will give us updates on OSHA as it relates to silica and asbestos Dave Duford will discuss code enforcement in relation to the current code rule Chris Alonge has been invited to speak on Friday  Annual roundtable discussion Vendor Tradeshow Registration Display your products and services in the Vendor Hall, adjacent to PACNY Conference Meeting Hall, to over 250 decision makers in the asbestos/environmental industry. The PACNY conference averages over 250 attendees - the majority of attendees are decision makers/buyers. Last year's conference was very popular with all vendors. Foot traffic in the Vendor Hall was at an all time high. Registration, breakfast, and all coffee breaks will once again be held in the Vendor Hall (adjacent to Conference Meeting Hall) on both days. Also, vendor punch cards will be distributed to all attendees. Attendees that have their punch cards "punched" by all vendors will be eligible for a drawing, held on the second day, for a flat screen TV (winner must be present to claim prize).   The Thursday (March 1st) afternoon Vendor Reception is held in the Vendor Hall.   Sponsor Options Conference and Vendor Sponsors are the hosts (with no additional responsibilities) for the Thursday afternoon Vendor Reception held in the Vendor Hall. This reception is held at 4PM immediately after the last speaker's presentation on Day 1 of the conference. Hot food, drinks, and adult beverages are provided at the reception. This is an outstanding opportunity to network and display your products/services to approximately 250 industry professionals! Last year the Vendor Reception was the highlight of the conference.  Conference Sponsor: $1,000.00 Includes vendor display table, 3 conference passes, 1 page ad in conference program, listing on sponsor board in registration area, logo display on speaker backdrop in conference area, logo on PACNY website as conference sponsor, and logo/firm name on the outside of pre-conference mailings and registration forms (mailed to over 6,000 industry professionals). Vendor Sponsor: $500.00 Includes vendor display table, 2 conference passes, 1/2 page ad in conference program, listing on sponsor board in registration area, and logo display on speaker backdrop in conference area. Meal Sponsor: $250.00 Includes your company name and logo on large tent cards on all lunch tables, on both days of the conference, as well as a 1/2 page ad in the conference program. Meal Sponsors will be announced to attendees prior to both days' lunches. Business Card Sponsor: $50.00 Display your "business card" ad, 1/4 page ad, in the conference program. To secure your sponsorship... Please download the form here as a PDF, complete it and fax /email the form to the info on the form.    Payment is due no later than February 18th. For additional information please call either Deb Johnson @ 716-570-6726/    email djohnson@aramsco.com or Lisa Brown @ (315) 466-3150 / email lbrown33@twcny.rr.com Conference Attendee Registration Form Wednesday Evening's President's Reception, February 29th, 7 - 9PM Registration by February 18th $225 for one reservation, both days $175 per person for two or more persons, both days  $120 per person for one day only Turning Stone - Room Reservations by February 18th $115 per night + tax + gratuity $79 per night + tax + gratuity with government voucher For Room Reservations, call Turning Stone at (800) 771- 7711 Download the registration form here. For additional conference information please call either Deb Johnson @ 716-570-6726/    email djohnson@aramsco.com or Lisa Brown @ (315) 466-3150 / email lbrown33@twcny.rr.com   PACNY, PO Box 3148, Syracuse, NY 13220, Phone (315) 466-3150, Fax (315) 437-1440, www.PACNY.org

About PACNY PACNY addresses the needs and concerns of abatement contractors, and those in related industries. The abatement industry faces many challenges, and this organization allows contractors to band together to face these challenges, rather than alone as individual businesses. PACNY is a powerful, intelligent voice and force in the industry. PACNY's new address is: PO Box 3148 Syracuse, NY 13220 Tel: (315) 466-3150