NYSDOL Responds To Call To Waive Fees

Several months ago, we called on Governor Mario Cuomo and the New York State Department of Labor to waive asbestos notification fees in response to the burden these fees created in response to Super Storm Sandy.  We received a response to our call.  Needless to say the response was not positive.  Visit our website at http://futureenvironmentdesigns.com/news.html to see the response letter. 


Sandy downed tree took out car

We are disappointed with the response and we feel Governor Cuomo and the NYSDOL, both should recognize the damage being done by this negative response.  Asbestos removals are going on without notification and without licensed contractors and trained workers.  In addition, only Suffolk County is determining if their are any asbestos problems, along with mold and lead (as reported in Newsday).  While Nassau County is ignoring the asbestos issue.  Its very sad to see the same issues that occurred during previous storms/hurricanes continue to be issues.

Related articles

• Sandy Relief - Eliminate Asbestos Notification Fees (futureenv.blogspot.com)
• FEMA Jobs to Help with Sandy Cleanup (harlemworldmag.com)
• Suffolk waives some fees for those rebuilding post-Sandy (newsday.com)
• Senators call for Sandy tax relief (newsday.com)
• Mold a Key Hurdle in Rebuilding After Sandy (newsday.com)
• New York Congressman Introduces Asbestos-related Bill (mesothelioma.com)
• NY Mesothelioma Lawyer Urges Hurricane Sandy Cleanup Crews to be Cautious about Asbestos Exposure as Relief Package Nears Completion (prweb.com)

What Out-of-State Employers with Employees Working in New York State Need to Know.

We received a recent newsletter from Dan Borgna at the Dale Group.  The newsletter discussed the Workers Compensation/Disability requirements for out-of-state contractors.  We found it very interesting with permission from Mr. Borgna of the Dale Group (Thank you for allowing us to reprint it) here is the newsletter post:  

 

If you have no office location in New York, but have employees on site in NY, this article is important to your business.

WORKERS COMPENSATION INSURANCE REQUIREMENTS

New York State workers' compensation insurance covers employees for work-related accidents, injuries or illness.   
As part of the 2007 Workers' Compensation Reform Legislation, all out-of-state employers with at least one employee working in New York State will be required to carry a full statutory New York State workers' compensation insurance policy. The workers' compensation insurance policy must be effective no later than the first day you have employees working in NY State.  

Misconception - "I have all states coverage listed in section 3.c of my home state workers compensation policy".
Reality- As part of the reform, having "all states" in section 3.c is no longer valid. "NY" must be specifically listed in section 3.a of the workers compensation declarations page or endorsement. 
Penalties - Failure to maintain this coverage can result in the following: 

1.     Failure to carry Workers' Compensation Insurance for more than 5 employees within a twelve month period is a class E felony and is punishable by a fine not less than $5,000 nor more than $50,000.

2.     For 5 or less employees within a twelve month period, it is a misdemeanor punishable by a fine not less than $1,000 nor more than $5,000.

3.     Subsequent convictions within a 5 year period shall constitute a class D felony and fines not less than $10,000 nor more than $50,000.

4.     Any employer who fails to maintain a workers' compensation policy when it is required or owes a fine or assessment to the Board may be issued a stop-work order, meaning the business must shut down all activity until the order is lifted.

5.     A penalty in the sum of $2,000 for each ten-day period of non-compliance or a sum not in excess of two times the cost of compensation for the period of such failure may be imposed 

DISABILITY BENEFITS INSURANCE REQUIREMENTS

NY State statutory disability benefits (DB) insurance coverage is totally different from and is not included in NYS workers' compensation insurance coverage. Statutory NY State disability benefits insurance covers employees for off-the-job accident, injury or illness.
If you have one or more employees for 30 days in a calendar year, you are required to obtain NYS disability benefits insurance coverage. Such insurance must be effective no later than four weeks after the 30th day you have employees.  

Penalties under the Disability Benefits Law 

1.     Failure to carry Disability Benefits Insurance is a misdemeanor punishable by a fine of not less than $100 nor more than $500 or imprisonment for not more than one year, or both, with increased monetary penalties for second and third or subsequent violations, and

2.     Where an employee of a non-insured employer is disabled due to an off-the-job injury or illness, the noninsured employer will be responsible for payment of the amount of benefits to which the employee is entitled or for payment of 1% of his/her payroll for the period of non-compliance, whichever is greater. And

3.     Where an employer fails to carry Disability Benefits Insurance, the Chair will impose a penalty not in excess of ½ of 1% of the employer's weekly payroll for the period of non-compliance and a further amount not in excess of $500 

Employees traveling through the State not stopping for deliveries, pick-ups, or other work are not deemed to have worked a day here. An employer that has reason to know that it will meet these criteria in the current year, even if it has not done so in the prior year, must obtain the required coverage.

For a complete description of the Form and Regulation, please visit the following link at the New York State Workers Compensation Board.

http://www.wcb.ny.gov/content/main/forms/oc923.pdf 

If you are concerned that your company may not be compliant, please contact Dan Borgna at Dale Group (973)437-9664 or danb@dalegroup.com who will be happy to discuss the matter with you.

Related articles

• Does your business need workers' compensation insurance? (hiscoxusa.com)
• Workers Compensation back-and-forth (timesunion.com)
• Evidence exists of productivity benefits of OHS but no one is using it (safetyatworkblog.com)

Happy New Year - 2013

Future Environment Designs would like to wish everyone a Happy New Year!  May it be a healthy, safe, and prosperous one, for all of us.  It is usually a tradition for companies and people to make resolutions for the new year.  At Future Environment Designs we resolve to honor our clients who have supported us for what will be 25 years in business in 2013.  To start meeting that resolution, we proudly announce our referral program.



Happy 2013 - May it be Healthy, Prosperous, & Safe!

Future Environment Design's Referral Program - we set this up to honor those clients who have referred training and indoor air quality/OSHA compliance consulting work to us.  Any client who refers training and/or indoor air quality/OSHA compliance consulting work to us will receive a 5% discount on their training/indoor air quality/OSHA compliance consulting work.  This would be in addition to any other discounts given.  So a client who has attended training with us before would be discounted 15% for loyalty and 5% for referring work to us, for a total discount of 20% off.  Future Environment Designs relies on word-of-mouth to maintain our level of revenue.  We feel this is a way to reward our clients who typically refer work to us and spread the word about our company.
Happy New Year!

Related articles

• Merry Holidays! (futureenv.blogspot.com)
• Chamber Set Challenging Agenda for 2013 (sbmonthly.com)
• OSHA Forecast: Developments to Watch For In 2013 (ehssafetynews.wordpress.com)
• Most Popular 2013 New Year's Resolution (poetryman69.typepad.com)
• Welcoming A Better 2013 By Making New Year Resolutions Achievable (idostartup.com)
• Small Business: Making New Year's resolutions stick (newsday.com)

Merry Holidays!

We at Future Environment Designs would like to wish all of our clients, suppliers, and their family and friends a very Merry Holiday season.  We thank you for making this year a special year and look forward to serving and working with you in the future!

This is the message of Christmas:
We are never alone. - Taylor Caldwell

Sandy Relief - Eliminate Asbestos Notification Fees

Superstorm Sandy has caused some significant damage to asbestos containing materials, that were otherwise in good condition.  This hardship of having to addresss asbestos before renovation, restoration, or repair work is done, can be a significant burden.  Leading owners to short cut the regulations and hire unqualified/unlicensed workers and companies to handle the asbestos putting themselves and the workers performing the work at risk.

Water Damaged Asbestos Pipe Insulation

It is important to remember that in New York State, all quantities of asbestos disturbance are regulated for both residential and commercial.  Workers must be certified to perform asbestos work and the companies they work for must be licensed.  As of December 10, 2012, there are 856 licensed contractors in New York State.  One of the things we found interesting in searching for contractors is what  we found regarding ServPro & Servicemaster.  As you may have seen ServPro's television commercial discussing being able to handle emergency cleanups, well it is interesting that ServPro does not come up on New York State list of licensed asbestos contractors.  This means the only way ServPro could handle this work is to partner with a licensed asbestos contractor.  They cannot do the work themselves.  Regarding Servicemaster, they come up on the New York State list of assbestos contractors, however, it is only the Buffalo branch that is licensed.  So only the Buffalo branch can work with asbestos containing materials.  Long Island Servicemasters cannot do the work themselves, they too must partner with a licensed asbestos contractor.
To ensure residential work is done by qualified/licensed contractors the New York State Department of Labor should follow Suffolk County's or other towns, and villages lead in waiving fees involved with notifying these projects. The cost involved with notifications range from $200 to $4000. These fees would be better put to use by the owners of the properties to cleanup the damaged materials by licensed/qualified contractors.  To ensure this happens, we need to get this information/request out to Governor Cuomo and our local State Senators & State Assemblypersons.  Be safe and take care!

Related articles

• Super Storm Sandy Cleanups, Educate Yourself! (futureenv.blogspot.com)
• Real Estate Company Fined for Bypassing Asbestos Laws (mesothelioma.com)
• Asbestos May Pose Health Hazards In Sandy's Wake (huffingtonpost.com)
• Asbestos 'jeopardises millions' (bigpondnews.com)
• Demolition Company to Pay 100K in Asbestos Violation Fees (mesothelioma.com)
• Feds Warn About Asbestos Hazards in Post-Sandy Clean Up Efforts (mesothelioma.com)
• LPK Mesothelioma Lawyers Expand Asbestos Practice in Long Island's Nassau & Suffolk Counties (prweb.com)
• Difference Between Allied Trades and Operations & Maintenance. (futureenv.blogspot.com)
• Storm Debris Could Expose Many to Toxic Asbestos (mesothelioma.com)

Super Storm Sandy Cleanups, Educate Yourself!

Hope everyone survived Sandy, the Nor'easter, and Thanksgiving!  Since Sandy we've been getting a lot of phone calls on handling all the different issues related to the super storm.  Questions regarding mold, asbestos, lead, and the use of biocides.  In order to assist with providing information on these issues their are several videos we have worked with IAQTV and Cochrane & Associates to provide some basic information on these issues.  The most recent video is based on what it takes to dry out an area based on the type of water that has infiltrated the area. See our video "Dry Out Hazards Following a Flood or Water Incursion" at: http://www.youtube.com/watch?v=64u9RNPKbtI&feature=em-uploademail

Superstorm Sandy Uprooted/Broke Many Trees Causing Severe Power Outages

After super storm Sandy building materials were probably disturbed and may have become damaged requiring removal or replacing.  Anytime you are dealing with building materials, you are probably going to have to deal with asbestos and/or lead.  Asbestos was typically used as an insulator, however, the material can also be found in floor tiles & mastics, plaster-on-lathe, ceiling tiles, siding shingles, window caulking, & roofing shingles (remember asbestos is not banned and can be found in certain new building materials).  For more information about asbestos threats in the home, see our video "Asbestos Threats in the Home" at:  http://www.prlog.org/10943541-asbestos-threats-in-the-home-revealed-in-new-video.html.  In New York State workers and companies that disturb or handle asbestos are required to be certified and licensed.  In addition, projects that disturb/handle asbestos in quantities greater than 10 square feet and/or 25 linear feet require asbestos air/project monitoring to determine if the project has been completed properly.  This air/project monitoring firm and individuals must also be licensed and certified and are required to be completely independent of the contractor (must be hired by the owner of the facility/residence) handling/disturbing the asbestos.
Lead was usually used in paint and also in window caulking.  For more information about lead in the home, see our video "Lead Hazards in the Home" at:  http://www.youtube.com/watch?v=z5UnRr0tj88.  The Environmental Protection Agency (EPA) under the Renovation, Repair, and Painting Rules (RRP) requires renovation, remodeling, and painting contractors must be certified in lead paint work procedures.  Visit EPA's website regarding how this rule applies for post-disaster renovations: http://epa.gov/lead/rrp/emergency.html  . 
With significant water infiltration on the shore areas, if these areas were allowed to stay damp for longer than 48-hours, then mold had the opportunity to grow.  The extent of mold growth and type of mold would be based on the type of water (black, grey, or white) and the amount of water.  To learn more about mold see our video "Health Effects of Mold Exposure" at:  http://www.youtube.com/watch?v=DbKoonHwvHM  For those who have had sewage water (known as black water) infiltration into their residence/facility should see our video "Sewage Contamination Dangers" at:  http://www.youtube.com/watch?v=V4XORptvcX8.  When looking for contractors to handle mold, unlike asbestos and lead there is no federal, state or local licensing.  However, you should make sure the contractor you hire has workers who are industry certified in mold remediation from the American Council for Accredited Certifications (ACAC).  Find the ACAC and those certified individuals at:  http://acac.org/.
When it comes to biocides it is very important to be cautious, when using bleach or other stronger biocides.  Biocides (meaning kills life) are designed to kill and must be registered (licensed) with EPA under the Federal Insecticide, Fungicide, Rodenticide Act (FIFRA).  The label is the law for these products.  Meaning the chemical must be used in accordance with the label.  The label must list all the limitations and where the product is allowed to be used.  For information about biocides visit EPA's website on FIFRA at:  http://www.epa.gov/lawsregs/laws/fifra.html and visit the following website for registered disinfectants: http://www.epa.gov/oppad001/chemregindex.htm  Remember EPA does NOT recommend the use of biocides for mold cleanups, visit EPA's website regarding using bleach for mold cleanups at http://iaq.supportportal.com/link/portal/23002/23007/Article/20290/Should-I-use-bleach-to-clean-up-mold .  See EPA's website and the EPA manual "A Brief Guide to Mold, Moisture, and Your Home" at: http://www.epa.gov/mold/moldguide.html.
To quote a Long Island retailer, "An educated consumer is our best customer.". In the case of environmental hazards it is the same.  Educate yourself on the hazards and you can better avoid hazards, unnecessary expenses & services, and headaches.  Please be safe and take care!

Related articles

• Feds Warn About Asbestos Hazards in Post-Sandy Clean Up Efforts (mesothelioma.com)
• Asbestos May Pose Health Hazards In Sandy's Wake (huffingtonpost.com)
• The Basics of Post-Sandy Asbestos Exposure (theatlantic.com)
• Storm Debris Could Expose Many to Toxic Asbestos (mesothelioma.com)
• Asbestos Keeps Storm-Damaged School Closed (mesothelioma.com)
• Soaked by Sandy? Here's how to prevent a mold outbreak (news.consumerreports.org)
• After Sandy's deluge, mold and dust pose threats (vitals.nbcnews.com)

OSHA Cites SMG For Asbestos Violations at Nassau Coliseum

English: Nassau Veterans Memorial Coliseum Licensing: Category:Images of Long Island (Photo credit: Wikipedia)

The Occupational Safety and Health Administration (OSHA) has issued a press release on their website announcing that they are citing SMG, which manages the day-to-day operations of the Nassau Veterans Memorial Coliseum on Long Island, a total of $88,000 in proposed fines for asbestos, electrical, chemical and other hazards facing workers at the coliseum. SMG operates as SMG @ Nassau Coliseum, LLC faces 16 alleged serious violations of workplace health and safety standards.
OSHA opened the inspection due to employee complaints.  Investigators found that maintenance workers and electricians were exposed to asbestos or materials potentially containing asbestos while working in various locations - including the coliseum's ice plant, catwalks, and a loading dock - and that SMG did not take adequate steps to address the hazards.
Obviously, from this information it seems that SMG was unaware (or ignored) the dangers their workers faced in working at the Coliseum.  This is not a good thing for Nassau County as the owners of the Coliseum.  This brings into question what information did Nassau County pass along to SMG to make sure SMG protected their employees.  This opens up Nassau County for a third party litigation lawsuit.  Remember previous articles written about this issue indicated at least two workers (one with mesothelioma and the other with stage four lung cancer) were potentially exposed to asbestos and that a total of 75 arena employees may have been exposed.
One of the most damning statements on the press release was "Specifically, SMG did not identify the presence, location and quantity of materials containing or potentially containing asbestos, use engineering controls and work practices to reduce exposure levels, ensure that all Class III asbestos work (such as repair and maintenance operations where materials presumed to contain asbestos are disturbed) was conducted in regulated areas, ensure proper respirator use, post warning signs and provide asbestos awareness training for workers."  Nassau County as the owner of the Coliseum, also has liabilities in informing SMG of the asbestos containing materials located at the Coliseum.  It seems to us that this isn't the last we will be hearing about the asbestos at the Nassau Veterans Memorial Coliseum.

Related articles

• Asbestos Removal Begins at the Nassau Coliseum (mesothelioma.com)