New York State Mold Licensing & Minimum Standards Law Is Signed By Governor Cuomo

On January 29, 2015 Governor Andrew Cuomo signed New York State Senate Bill S3667D-2013 which will create Article 32 to the Labor Law.  This article will establish the licensing of mold inspection, assessment, and remediation specialists and minimum work standards.  According to the bill the law goes into effect in 180 days of January 29, 2015, or if we calculate this right July 28, 2015.  This law is so important to the abatement industry the Professional Abatement Contractors of New York (PACNY) at the last minute added two speakers (Mr. Chris Alonge from DASNY and Matthew Darin from Bluepoint Environmental) to speak on the law at their 19th annual environmental conference at Turning Stone Casino being held from February 25-27.  Click here for the registration form.

Article 32 will require companies doing mold remediation, like above, to be licensed in NYS

Several important points of the new law are in the bill already, in Section 1: Title 1 is the definitions and the following points:

• Defines the difference between mold remediation (conducting the business of removal, cleaning, sanitizing, or surface disinfection of mold, mold containment, and waste handling of mold) and mold assessment (inspection or assessment of real property that is designed to discover indoor mold growth, toxic mold growth, conditions that facilitate indoor mold growth, and/or indicia of conditions that are likely to facilitate indoor mold growth).
• To be licensed in NYS you must be at least 18 years old; must have completed a NYS Department of Labor (NYSDOL) approved course work including training on the appropriate use and care of personal protection equipment (PPE) as approved by NYS Department of Health (NYSDOH); and paid appropriate fees.
• Exemptions to licensing in the standard include:
• Design professional licensed pursuant to Title 8 of the Education Law (Registered Architects or Professional Engineers) performing mold inspection, assessment, remediation, and or abatement tasks or functions if the person is acting within the scope of his or her practice, 
• residential property owner who performs mold inspection, assessment or remediation on his or her own property;
• non-residential property owner, or the employee of such owner, who performs mold assessment or remediation on an apartment building owned by that person that has not more than four dwelling units; and
• an owner or a managing agent or a full-time employee of an owner who performs mold assessment or remediation on commercial property owner by the owner provided, however, that this subdivision shall not apply if the managing agent or employee engages in the business of performing mold assessment or remediation for the public.
• Prohibits a person licensed to perform mold-related services from acting as both the mold assessment contractor and the mold remediation contractor.
• Authorizes NYS to impose civil penalties and revoke a contractor's license after a notice and hearing, suspend or revoke any license, or censure, fine, or impose probationary or other restrictions on any licensee for good cause. (the bill has a list of items).

The next area, Title 2, details the minimum work standards for the conduct of mold assessments and mold remediation by licensed persons.  This includes:

• A mold assessment licensee to prepare a mold remediation plan that is specific to each remediation project, the plan must specify:
•  the rooms or areas where the work will be performed;
• the estimated quantities of materials to be cleaned or removed;
• the methods to be used for each type of remediation in each type of area;
• the PPE to be supplied by licensed remediates for used by licensed abaters;
• the proposed clearance procedures and criteria for each type of remediation in each type of area;
• when the project is a building that is currently occupied, how to properly notify occupants of such projects.....
• an estimate of cost & an estimated time frame for completion; &
• when possible, the underlying sources of moisture that may be causing the mold and a recommendation as to the type of contractor who would remedy the source of such moisture.
• Requires posting of the remediation project
• Requires that containment cannot be removed any person until the mold remediation licensee overseeing the project has received a notice from a mold assessment licensee that the project has achieved clearance which shall be determined by post-remediation assessment.
• The post-remediation assessment shall determine:
• the work area is free from all visible mold; and
• all work has been completed in compliance with the remediation plan and remediation work plan and meets clearance criteria specified in the plan.

The interesting parts that are left out are the specifics about the training requirements to become licensed as an assessor or remediator/abater.  These specifics have been left to NYSDOL to create with some assistance from NYSDOH.  Licensing and recertification will be good for two years and you will need to take a refresher course which is also left to NYSDOL to create.  It will be interesting to see if individuals certified by the American Council for Accredited Certifications (ACAC), or the American Board of Industrial Hygiene (ABIH) will have to take the courses that NYSDOL creates.  The only exemption in the law are for Professional Engineers & Registered Architects.  Whoever, creates this process could go to ACAC which has assisted other states with this type of licensing.  Only time will tell.  Tick Tock! Tick Tock! 

Related articles

• Victims of Sandy question Gov. Cuomo's use of recovery money for new weather system
• Mold Legislation Threatens Restoration/Remediation Industries
• Florida Property & Casualty Association Opposes DBPR's Proposed Rules 61-31.701 and 61-31.702, Minimum Standards and Practices for Mold Remediators

Wearable Technology In the Workplace

We just read the National Institute of Occupational Safety and Health's (NIOSH's) Science Blog regarding "The Future of Wearable Technology in the Workplace".  Wearable technology includes things like Fitbit, Jawbone, and things like Google glass or Microsoft's just announced HoloLens.  The potential to use wearable technology in the workplace to provide occupational safety and health information at the moment would be really useful.  Though the potential for distracted workers and some workers having health issues using the technology should give pause in rolling it out too quickly.  Considering all the new technology we've been keeping up with, we are very interested in seeing where wearable technology brings the occupational safety and health field.  Maybe some accidents could be prevented with the wearable technology.

Image of the ZYPAD wrist wearable computer from Arcom Control Systems (Photo credit: Wikipedia)

Related articles

• Integrated approach to OHS and wellbeing to be promoted in Australia
• Body of trapped worker found after Pa. silo collapse, report says


• Roofer shocked, critically injured in Newington
• Zadroga Act Needs An Extension

Mold Legislation Threatens Restoration/Remediation Industries

The New Year wasn't very old before the restoration/mold industry was beset with concerns regarding new regulations and legislation.  The first, Nassau County in New York State started requiring licensing for companies and owners of those companies who are environmental hazard remediation providers, this legislation Local Law No. 13-2014 was voted on by the County Legislature on September 22, 2014 and signed by County Executive Ed Mangano on September 25, 2014 (Thank you Mark Drozdov for the info).  The second item, on December 30 New York State's "Licensing of Mold Inspection, Assessment andRemediation Specialists and Minimum Work Standards" legislation was presented to Governor Andrew Cuomo to sign.  The Governor has until January 29 to either sign it, or veto it or he can let it expire (called a pocket veto) (Thank you Chris Alonge for the info.).

 

Water damage/Mold growth in a Basement Apartment

There is a growing group of industry individuals who feel that Governor Cuomo should veto the NYS legislation.  Many feel it is poorly written and have major issues with it.  Some examples include the definition of mold (to narrow a definition), NYS Department of Labor is charged with writing rules and regulations for overseeing the practices of assessment & remediation (it should be either the NYS Department of Health or NYS Department of Environmental Conservation), and does not mention or exempt a minimum quantity.  In our opinion, the law does use existing infrastructure to create the rules and regulations, recognizes conflict of interest issues, and leaves the details of the procedures up to the agencies who already have experience handling the restoration/remediation industry and provides some minimum procedures.  The law puts the responsibility for creating the details to NYS Department of Health and the NYS Department of Labor.  Both agencies already regulate the asbestos industry and have the experience to create, write, and enforce the potential rules and regulations to handle this industry.  Our feeling this legislation is better than the Nassau County legislation, and our concern is that we might get one like the Nassau County law.

Nassau's Local Law is meant to address problems that happened after Super Storm Sandy

Nassau County Local Law No. 13-2014 requires "Licensing of Environmental Hazard Remediation Providers" or in another words environmental contractors.  However, environmental contractors are defined "any person who or legal entity that, contracts with an owner or an owner's agent to inspect a suspected environmental hazard or to implement any measure or measures that result in the remediation of an environmental hazard in a building."  This definition means both consultants and contractors have to be licensed.  Even more amazing is the definition of Environmental hazard.  "Environmental hazard(s) means any condition that constitutes an indoor air quality violation as defined by any United States statue or regulation, any New York State Law or regulation, any local law or any regulation promulgated by the Commissioner of Consumer Affairs, and which hazard was caused by fire, flood, storm, chemical spills, dust, sewage, mold, pathogens or other biological contaminants and not caused by the presence of asbestos or lead."  There are so many statements in this definitions that we're not totally sure what is or isn't covered.  

The Local Law 13-2014 requires two licenses, environmental contractors have to get the Environmental Hazard Remediation Provider (EHRP) License ($1,000 for a two year license, renewal fee is $500 every two years) and the Environmental Hazard Remediation Technician (EHRT) License ($100 for two year license, every two years) shall be issued to an EHRP or their principal(s) and any person employed by, seeking employment by or under contract to a EHRP for the purpose of environmental hazard assessment and environmental hazard remediation.  It does allow an EHRT to supervise up to 10 unlicensed employees or contractors performing a remediation or remediations.  To get the EHRT license you must have taken and be current/in effect Certifications:

• OSHA Safety Standards for Construction or General Industry - minimum 10 hours
• NYS Asbestos Handler - minimum 32 hours
• EPA Lead Worker - minimum 16 hours.  Lead RRP is NOT sufficient
• Hazardous Waste Operations (HAZWOPER) - minimum 40 hours
• Microbial Remediation - minimum 24 hours
• Water damage restoration - minimum 20 hours or Institute of Inspection, Cleaning Restoration Certification (IICRC) WRT Certification
• Fire damage restoration - minimum 16 hours or IICRC FSRT Certification
• PCB Awareness - minimum 4 hours
• Bloodborne pathogens - minimum 4 hours
• Infection control risk assessment - minimum 4 hours
• Proof of a valid lead and asbestos abatement licenses.

The above list consists of 170 hours of training.  It is interesting to note to get an asbestos abatement license you need to take an NYS asbestos supervisor - minimum 40 hours and to get the EPA Lead Remediation License you must be an EPA lead supervisor - minimum 32 hours.  Nowhere in this list of topics is a supervisor course, considering that the EHRT will be allowed to supervise up to 10 unlicensed employees/contractors that seems very lacking.  In addition, there is no assessment class in this list.  Most of us in the industry would agree that this list should be the minimum training for the remediation workers in the restoration/remediation industry.  This list should not be the training requirements for the principals/supervising employees of an EHRP.  In our opinion, EHRP principals/supervising employees should have a minimum certification from American Council for Accredited Certifications, American Board of Industrial Hygiene, Board of Certified Safety Professionals, or another national, non-profit certifying body which:  

• is accredited by the Council of Engineering and Scientific Specialty Boards (CESB) and/or the American National Standards Institute under ANSI/ISO/IEC 17024, and 
• is wholly independent from training organizations, membership organizations, and industry trade associations.

In addition, the Local Law does not address the conflict of interest issues that arise from these types of projects.  In our opinion, the local law should have this language to address conflicts of interest:

• Individuals or legal entities shall not conduct environmental assessments for a period of one year on projects for which they have conducted environmental remediation services.

• Individuals or legal entities shall not conduct environmental remediations for a period of one year on projects for which they have conducted environmental assessments.

Both laws have their issues unfortunately the worst of the two laws is currently in effect and it needs drastic changes and should be repealed or amended.  

HAPPY NEW YEAR!

Future Environment Designs (FED) want to take this time to wish you all a Happy New Year!  We hope 2015 is as good as you wish it to be and it is a safe and healthy one.  At Future Environment Designs, its another year of staying the course.  Our prices for asbestos refresher courses have not changed since 2007 and that will continue in 2015.  Over the years we started several initiatives which will also continue in 2015.  Our Safety Suzy Newsletter, which provides you with information regarding changes in Indoor Air Quality (asbestos, mold, lead, etc.) requirements, construction safety requirements, respirator use and fit testing, OSHA regulations, and NYS indoor air quality and construction safety regulations will continue.  We provide a loyalty discount to our clients who do their training with us every year and provide a referral discount to those who refer work to us (these discounts can be added together, see your monthly Safety Suzy Newsletter for details).  

In 2015 we will continue the following improvements:

• Future Environment Design's mobile site, will allow you to view upcoming courses and download safety resources in phone-friendly formats.  Your suggestions and feedback can help shape the experience.  Visit our website with your mobile device through this link:    http://www.futureenvironmentdesigns.com/index.html.  
• Future Environment Designs used to provide students in our classes with a course CD called the FED Training CD.  This CD had all the regulations and other helpful information.  With modern technology and advent of the cloud technology, we now provide a link to our dropbox folder that contains all this information.  You can find that link at: http://futureenvironmentdesigns.com/resources.html.
• Future Environment Designs is working on an app that we hope will be ready in time for the Professional Abatement Contractors of New York's (PACNY's) 19th Annual Environmental Conference at Turning Stone Casino.  
• Gloveguard (see below) is a product designed to help workers keep their work gloves close to them and increase their use.  Future Environment Designs is providing these to our students to help them keep their gloves with them and increase their use.

We look forward to seeing all of you in 2015, Happy New Year!

Related articles

• Happy New Year - 2013

Merry Christmas, One and All!

We wish you all a Merry and Joyous Christmas!

Thank you to all of you who attended training with us or who we consulted with in 2014.

We look forward to serving you in 2015!

From all us at Future Environment Designs, Inc

Related articles

• Christmas movies on Netflix
• A Bay Shore patient's Christmas wish is fulfilled
• Company decorates North Bellmore home after family's loss

Legionella Found in Windshield Washer Fluid

Interesting research from Arizona State University found that the bacteria Legionella, commonly found in fresh water, was able to survive in certain automobile windshield washer fluids and can grow in washer fluid reservoirs.  This could potentially lead to people being exposed to the bacteria and maybe developing Legionnaire's disease or Pontiac Fever.

Windshield washer fluid (Photo credit: Wikipedia)

The Arizona State University research was conducted by Otto Schwake, an Arizona State University student pursuing a doctoral degree in Microbiology under the supervision of Morteza Abbaszadegan, a professor in the School of Sustainable Engineering and the Built Environment. Although windshield washer fluid was not normally associated with spreading disease, this research was begun after a series of epidemiological studies found motor vehicle use to be associated with increased risk for Legionnaires' disease.  One such study attributed nearly 20% of Legionnaires' disease cases in the United Kingdom not associated with hospitals or outbreaks to automobile windshield washer fluid.

Based on a recent webinar held by EMLab P&K featuring the Dr. Harriet Burge, Legionella is a gram negative bacterium that is a widely distributed natural inhabitants of water and is common in many environments.  It is heat loving and will proliferate in temperatures between 20 degrees Celsius to 45 degrees Celsius.  Growth is promoted by other micro organisms.  Legionella is the causative agent of Legionellosis (Legionnaires' disease and Pontiac fever).

The first recognized outbreak of Legionnaires disease occurred in Philadelphia in 1976.  As many as 221 people were treated and 34 deaths occurred.  The source was identified as the Legionella bacterium and found in the cooling tower of the hotel's air conditioning system.  Over 90% of legionelloses are caused by Legionella pneumophila.

English: A silver stain of Legionella pneumophila , the bacteria that causes Legionellosis. Although I got this image from a commercial website it is clearly labeled as from the CDC. This website routinely uses images from Wikipedia, which is a good thing, so no issue should be taken with using an presumably public domain image from their website. (Photo credit: Wikipedia)

Legionellosis takes two distinct forms:

• Pontiac Fever: respiratory illness without pneumonia, symptoms resemble acute influenza

• Legionnaires' Disease: symptoms include fever, chills, cough, muscle achees, headache, tiredness, loss of appetite, loss of coordination (ataxia), and occasionally diarrhea & vomiting.

Legionellosis incubates in 2-10 days.  It is one of the top three causes of community-acquired pneumonia. Legionellosis affect 8,000 to 18,000 people in the United States each year. Transmission is not person to person. Legionellosis infection occurs after inhaling droplets that originated from a water source contaminated with Legionella. Environmental sources include freshwater ponds, rivers and creeks.  Typical manmade water sources that can be a source of Legionella include: cooling towers, evaporative coolers, hot water systems, showers, whirlpool spas, architectural fountains, room-air humidifiers, ice-making machines, and misting equipment.  Based on the above research now windshield washer fluid reservoirs, may be added to this list.

Related Articles:

• How To Detect And Identify Legionella
• Portugal: Legionnaires' Disease Alert
• Legionnaires' blamed for chef's death
• Possible Outbreak Of Legionellosis At The Playboy Mansion?

Personal Protective Equipment (PPE), One Size Does Not Fit All.

In our previous blogpost, we discussed Ebola and the use of personal protective equipment.  Since then the Centers for Disease Control (CDC) has come out with revised guidance on purchasing PPE and protocols for wearing PPE while handling patients with the Ebola virus disease.  Find this information here.  

A disposable nitrile rubber glove. Nitrile gloves are available in different colours, the most common being blue and purpleCitation needed. (Photo credit: Wikipedia)

Fast Company Co.Design's article "Why Protective Gear Isn't Stopping Ebola" has an interesting discussion on the problems with PPE.  This discussion includes the usual complaints that its uncomfortable, it doesn't fit, restricts movement, visibility, etc.  It is interesting that before wearing a tight fitting respirator a worker must be either qualitatively or quantitatively fit tested with the respirator they will be wearing.  However, when it comes to PPE (like gloves or protective suits) there is no fit testing.  If you bought these items as clothing, you would try them on and purchase the best fitting one.
  

Asbestos Hands-on Demonstration

There is an unspoken assumption that the employer will purchase different sizes allowing workers to select the size that fits them the most comfortably.  This assumption is typically wrong and what actually happens is most employers buy larger sizes in the sense that one size fits all or they buy the size that fits the most people.  This results in complaints that wearing the PPE is more hazardous than not wearing it, which of course is the case if you are wearing ill-fitting or incorrect fitting PPE.

Wearing the proper PPE is not only about the right size, it is also about wearing the right type.  How many of you know that protective equipment are tested for how cut resistant they are?  The cut protection performance test (CPPT) is an American Society of Testing Materials (ASTM) F 1790 standard cut test for protective equipment.  A glove's performance rating is classified by the American National Standards Institute (ANSI)/International Safety Equipment Association (ISEA) 105-2005 from a 0-5 level, with 5 being the best cut performance, based on the outcome of the CPPT test.  Gloves are also tested for how long it takes for chemicals to breakthrough, degrade, or permeate the material the glove is made of.  ASTM F739 standard details the process for testing protective equipment for liquid and gas permeation (the video clip below shows how this is done).  Ansell Healthcare produces the "Chemical Resistance Guide" that includes permeation and degradation data for various glove material and a rating system.

When selecting PPE for your workers, unfortunately its not as simple as looking in a catalog and buying the cheapest PPE and/or buying one size that will fit most or all.  As the Occupational Safety and Health Administration (OSHA) standard (1910.133) requires for PPE, you must assess the hazard you want the PPE to protect the worker from and then find the best fitting PPE so the worker will wear it comfortably without creating a greater hazard.

Related articles

• CDC promises Ebola safety supplies being readied for hospitals
• CDC Invests $2.7M In Ebola-Specific PPE Kits
• WHO Updates Guidelines on Ebola Protective Gear
• Why Protective Gear Isn't Stopping Ebola