New York State Allows Teleconferencing of Asbestos Refresher Courses During COVID-19 PAUSE.

On Friday, May 8, 2020, Karen Cummings, M.P.H., Director of the New York State Department of Health's (NYSDOH) Asbestos Safety Training Program announced that because of the coronavirus (COVID-19) pandemic, asbestos training providers were being allowed to submit for approval their teleconferencing plans for asbestos refresher training courses.

Karen Cummings, MPH, Director of NYSDOH Asbestos Safety Training Program

For a training provider to be considered for teleconferencing, the training provider must already be approved to instruct the discipline.  Providers are expected to use their existing approved curriculum during the course.  Teleconferencing plans must include: 

• The video-conferencing platform they will use.
• How they will verify the identity of participants.
• How will the instructor check to see if students are paying attention?
• How will the instructor handle students who are distracted or engaging in unrelated activities?
• What type of participation will the instructor require from the students?
• How will the instructor check to see if students return from breaks?
• How will the instructor handle students being late, either at the onset of class or when returning from breaks?
• How will examinations be administered?
• How will DOH-2832 certificates be issued?

The teleconferencing plan must meet and answer these questions.  In addition, the plan must meet these general requirements:

• Must be an existing provider with an approved asbestos safety curriculum for the discipline to be taught. Only approved training course material can be utilized during the course. Course material normally distributed in class must be made available to the student either by mail or email prior to the class.
• All requirements for courses remain for notifications, revisions, cancelations, maintaining paperwork, etc.
• The student information memo needs to be provided to the student. The student must return the signed document to the provider (via email is acceptable).
• Rosters shall be submitted with students’ names and DMV numbers, along with proof of attendance and identity, and the signed student information memo for each student listed on the roster.
• All participants must have a good internet connection.
• Each student must sign in to the teleconferencing platform individually.  Multiple students cannot share a sign-on.
• All students and the instructor must have video capability. The student must remain visible to the camera during all instruction.
• The entire training session must be recorded and be made available to the NYSDOH upon request.  Students must be made aware they are being recorded.
• The NYSDOH must be given call-in information for the class
• Participants must attend the session in its entirety.  They cannot “arrive” into the online session late and they must return from breaks on time. If they arrive to the course late, they cannot be admitted into the course.  If they do not arrive back from break on time, they cannot continue the course. No make-up time will be allowed.
• Participants cannot have distractions (people and pets interrupting, television on, excess background noise, etc.).
• During instruction time, students may not engage in any activities unrelated to the class (for example: talk to people who are not in the class, texting, surfing the internet, playing games on phone, etc.).
• Instruction must include interactive participatory training methods. All students must actively participate in classroom discussions. Providing only a lecture is not permitted.
• Font size must be large enough and easily legible.

Instructor-led Courses are shutdown during the PAUSE

Future Environment Design's (FEDTC's) Teleconferencing Plan was approved.  The week of May 18, 2020, we ran our first virtual instructor-led training courses.  We would like to thank all those who attended the training and followed the requirements.  The requirements above have been underlined for emphasis.  FEDTC is using GoToMeeting as our teleconferencing platform.  In using that platform your attendance is digitally entered on the attendance sheet when you sign-in to the platform and we start the recording at the class start time.  The class session is recorded with all the attendee's audio and video feeds are on the recording.  So individuals must be on camera and signed into the portal once the recording starts (no exceptions!) or they will be locked out of the course, as required by NYSDOH.  As you see above, we are not allowed to have make-up time with these classes.

As for the training materials, and the exams, we've been using Administrate as our Learning Management System (LMS) since 2015.  Many of you have already been accessing the system for the course manual.  Now the exam will be online at that portal, too.  Course evaluations are also online at CourseCheck.com and have been online for two-three years now.

After the PAUSE, expect class sizes to be smaller in larger rooms to allow for social distancing.

Some other points, NYSDOH prohibits training providers from mailing blank DOH2832 forms to students.  The NYSDOH student information sheet is your official signature for the attendance sheets and the provider and NYSDOH copies of the DOH2832 forms.  Training providers will mail the students the completed student and New York State Department of Labor (NYSDOL) copies of the DOH2832 form.  Remember you must sign the NYSDOL copy of the DOH2832 form before sending it with your application, check, and the appendix to the license (child support form).

FEDTC looks forward to being able to provide this service to our clients.  Please remember we can only continue to provide this service if everyone complies with the NYSDOH rules.  All it could take is one person and NYSDOH may decide to discontinue this teleconferencing plan, at any time.

     

PACNY's Day Two - So Much Information Packed Into One Day, Amazing!

On Thursday, February 27, 2020, Ms. Deb Sanscrainte, of ARAMSCO and the conference chairwoman, and Timothy Thomas of Tetra Tech and President of PACNY,  opened the second day, known as the Professional Day, of the Professional Abatement Contractors of New York's (PACNY's) 24th annual Environmental Conference, being held at the Turning Stone Casino in Verona, New York.  Attendees expected a full day of presentations ending with the Conference Sponsors Reception.  Presentations from the conference can be found on PACNY's website.  The Professional Day of the conference includes the opening of the Vendor Exhibit Hall with a continental breakfast and 30 vendors attending the conference, an increase from last year!  See the reception video to see the various vendors!

The keynote speaker for the conference was Ms. Luann Meyer, Solid Waste Administrator for Monroe County Department of Environmental Services, speaking on "Recycling-The Long and Winding Road".  She discussed that most counties have fact sheets to know what is or aren't recyclable or you can tell by the shape of the container.  She also discussed the New York State's plastic bag ban that went into effect March 1, 2020, all single-use plastic bags have been banned.  Paper bags are not part of the ban and all stores that collect sales tax are impacted.  Our next speaker was Jack Snider III, President & Sr. Consultant of AMRC Environmental Services, speaking on "Take Home Asbestos Exposure".  Mr. Snider discussed the asbestos abatement illusion regarding the decontamination of the workers.  He stated that workers, in Florida, during the removal of the floor tile, mastic, and other non-friable asbestos-containing materials (ACM) typically wore street clothes into the work area, and they are not showering nor vacuuming themselves/their clothing upon exiting the containment.  If showers and vacuums are provided the showers are not connected nor attached to the work areas.  When questioned why the workers did not decontaminate or wear proper personal protective (PPE) common responses included "the air samples did not show elevated fibers"; "It's floor tile"; and "I have been doing this longer than you!".  The presentation then went into how he collected his samples using the American Society of Testing and Material (ASTM) standard D5755-09 microvacuum sampling method to collect several samples from workers, their clothing, vehicles, and surface areas after clearance of the work area was conducted.  Findings from his study suggest asbestos abatement workers are bringing home significant amounts of asbestos fibers from these types of projects.  The presentation was eye-opening! 

Ms. Luann Meyer Discusses Recycling

After a break in the Vendor Exhibit Hall, the presentations continued.  Similar to the first day of the conference, the next two presentations and the last presentation of the day awarded continuing education points for architects and engineers attending the conference.  These points were awarded by the American Institute of Architects (AIA) and were coordinated by Kevin Hutton, of the Rochester Colonial Manufacturing Corp.  The presentations awarding these points were Martin S. Rutstein, Ph.D. & Marc E. Rutstein, CAI, Presidents of Ecological Consulting & Management Services, Inc., discussing "Regulations - How did we get here and Where are we going?"; Sean Miller's and Mike Mazzara's, of Genesee Environmental, LLC, presentation included information provided by Stephen R. Gheen, PE, of Gheen Engineering (who could not present due to illness), on "Mercury in Sports Floors, Regulatory Guidance, Remediation, and Disposal"; and Joseph Cantone, of Colden Corp., Sean Hart, of Energy & Environment, and Peter Delucia, of AAC Contracting, presentation "Asbestos Surveys: The Good, The Bad, and the Ugly".

Kevin Hutton, of the Rochester Colonial Manufacturing Corp. 

The Rutstein's presentation talked about the asbestos regulations and some advice for asbestos professionals -  plan the job-take a fresh look, hire good staff (exert oversight of site staff), maintain required records, and plan for unexpected contingencies!  Mr. Miller's and Mr. Mazzara's presentation on Mercury in Sports Floors was a deep dive into mercury remediation regulations, guidelines, and the disposal process.  An important point made in the presentation was how it was different from an asbestos job.  In addition, Mr. Mazzara's section on mercury waste handling, transportation, and disposal provided a lot of information on handling hazardous wastes.

   

Sean Miller Discusses Its Not An Asbestos Job

 

Mike Mazzara Discusses Mercury Waste Handling, Transportation & Disposal

After a lunch break and time spent in the Vendor Exhibit Hall, the next presenter was Jennifer Kavney Harvey, Esq., Partner of Coach White, LLP,  discussing "NYS WBE/MBE Requirements".  Ms. Harvey's presentation pointed out that spending in the last nine years for Minority-owned and Women-owned Business Enterprises (MWBEs) has increased by 25 times (in dollars) while the number of MWBEs has increased by 18%.  In addition, she discussed the Governor's 2014 press release increasing the statewide composite goal to 30% without a disparity study basis, modifying the Executive Law, or modifying the MWBE regulations. Most goals from 2014 to the present were 30%.  After a short break in the Vendor Exhibit Hall, the next presenter was Karlee Bolanos, Partner at Bolanos Lowe PLLC, discussing "Understanding Your NYS Sexual Harassment Prevention Obligations".  Ms. Bolanos discussed Sexual Harassment Prevention requirements that were effective October 9, 2018, that included a New York model policy that at a minimum must prohibit sexual harassment; provide examples of prohibited conduct; include information concerning the federal and state laws; include a statement regarding applicable local laws & contacting law enforcement; include a standard complaint form: include a procedure for the timely and confidential investigation of complaints and due process for all parties; include information about rights of redress; clearly state that sexual harassment is considered a form of employee misconduct; and clearly state that retaliation against individuals...is prohibited.  She also discussed recent changes that were effective October 11, 2019, regarding behavior beyond a "petty slight" or "trivial inconvenience" that may be illegal.  

Jennifer Kavney Harvey, Esq Discusses MWBE Spending & Utilization

Karlee Bolanos discussing Sexual Harassment Law

The final presentation of the day was Joseph Cantone, of Colden Corp., Sean Hart, of Energy & Environment, and Peter Delucia, of AAC Contracting, discussing "Asbestos Surveys: The Good, The Bad, and the Ugly".  Obviously, their presentation was broken into three sections with Mr. Cantone talking about good asbestos surveys,  Mr. Hart talking about bad asbestos surveys, and Mr. Delucia talking about ugly asbestos surveys.  The day ended in the Vendor Exhibit Hall with the Conference Sponsors Reception, which included Hors d'oeuvres, food, and an open bar.  The after-party at Dival's Safety Equipment's hospitality suite allowed for more time to network and discuss the presentations of the past two days!  All the presentations were excellent and provided very useful information for those who attended the conference.  Looking forward to day three and the New York State Department of Labor Panel! 

 

Peter Delucia, Sean Hart & Joseph Colden

 

New Course Offerings From Future Environment Designs!

Future Environment Designs is proud to announce the development of several new e-learning and virtual training courses.  The first virtual training course is this Friday, May 1, 2020, at 10 AM.  We will be providing training on SARS-CoV-2 (coronavirus) the virus that causes Covid-19.  This training course will include three modules covering Covid-19 awareness, Covid-19 Pandemic Response Plan, and Cleaning, Disinfecting, and Personal Protective Equipment (PPE) for SARS-CoV-2.  Click here to register for this course.  If you can't make the virtual learning course, we also created an e-learning Covid-19 course which also includes the three modules.  Click here to register for the e-learning course.  We created both courses to cover the Occupational Safety and Health Administration (OSHA) and the Centers for Disease Control (CDC) training requirements for workers that have the potential to be exposed to SARS-CoV-2.

SARS-CoV-2 (coronavirus)

We also created a four-hour e-learning course for bloodborne pathogens to meet the requirements of the OSHA bloodborne pathogen standard and NYS's Nassau County training requirement for the Environmental Hazard Remediation Contractors License.  See our blog post for more on the Nassau County requirements.  In addition, we created a Respirator Hierarchy course to try and clarify some of the confusion out there regarding respirators.  You can register to take either of these e-learning courses or any of the other courses we created at https://futureenvironmentdesigns.com/online-courses.html.  Also, remember if you take a number of training courses with Future Environment Designs the best value and price would be to sign-up for a training subscription at our patron page https://www.patreon.com/fedtc.

Proficiency Day - Day One of PACNY's 24th Annual Environmental Conference!

Every year we look forward to the Professional Abatement Contractors of New York's (PACNY's) Environmental Conference.  This year was no exception considering it was the 24th annual.  The conference started on Wednesday, February 26, 2020, with Proficiency Day and Mr. Angelo Garcia, III of Future Environment Designs, Inc., (FEDTC) who had the honor this year of starting off the conference.  Proficiency Day this year focused on asbestos contamination assessment that was suggested by Mr. James Meacham, PE, of New York State Department of Labor (NYSDOL) and we greatly appreciated his agreeing to also do a presentation on the topic.  In addition, we were able to convince Mr. Bart Gallagher, of Enviroscience Consultants, Inc., to do a case study presentation on the contamination assessment involved with the Long Island dumping cases.  For the second year in a row, proficiency day provided 3 PDH for professional engineers, architects, & other certifications.

Poll Everywhere Result

Angelo Garcia, III's presentation focused on the regulatory requirements or the lack of regulatory requirements of asbestos contamination assessments. The presentation also included polling of the audience using Poll Everywhere.  The basic points of the presentation were that most of the information we use regarding contamination assessments come from the Guidance Document which was a frequently asked questions document created by NYSDOL as a supplement to NYSDOL Industrial Code Rule 56 - Asbestos Regulation and the collection of dust and debris samples is very tricky, and the most important thing is how do you interpret the results?

Mr. James Meacham, P.E. discussing Contamination Assessments

 James Meacham's presentation focused on some of the issues NYSDOL has been seeing regarding contamination assessments.  He discussed the assessment tools such as using your eyes, documentation, bulk sampling, air sampling, wipe sampling, micro-vacuum sampling, and tape lifts.  What do the results mean using these assessment tools and does it need to be zero?  Well maybe not.  Clean air under state law is less than 0.01 fibers per cubic centimeters of air (that's not zero).  Mr. Meacham also discussed debris pile assessment and the need for the inspector to visually inspect the debris for suspect asbestos-containing materials (ACM) and determine if representative sampling is feasible and can be done safely.  The presentation included a draft decision tree for debris assessment.

Bart Gallagher discussing the Case Study

After a short break, Bart Gallagher's presentation was on the contamination assessment that was done for the Long Island dumping case.  Mr. Gallagher's presentation went into the different causes of damage such as environmental causes or ignorance, carelessness, and neglect.  Criminal actions are rare...but are committed.  The specific points of the Long Island dumping case were that soil borings were done with Geoprobe and split-spoon sampling to test for volatile organic compounds (VOCs), semi-VOCs, metals, polychlorinated biphenyls (PCBs) and pesticides.  Test trenches were more effective for finding ACM than the Geoprobe.  The variance application to NYSDOL was similar to 56-11.5 controlled demolition with machine excavation and loading into lined trucks/roll-offs, decontamination area for equipment, proper disposal, and project monitoring and air sampling.

"Remember I'm not in the book"

The first day then continued later that evening with the PACNY President's (Timothy Thomas, of Tetra Tech) reception which included drinks and appetizers and a lot of networking.  Some of the above presentations are available in our dropbox folder under conference presentations (2020PACNY presentations) or you can also find them at PACNY's website.  The first day went extremely well and did a great job warming everyone up for the conference yet to come!

Asbestos Training Providers in New York State are Shutdown Due to Covid-19

New York State Department of Health (NYSDOH) has alerted us that NYS asbestos safety training has been deemed a non-essential service during COVID19, in accordance with Executive Order 202.6.  All asbestos training providers should discontinue providing asbestos safety training courses, effective immediately. The New York State Department of Labor (NYSDOL) is temporarily extending Asbestos Handling Certificate deadlines to help with this. More information from the NYSDOL can be found here  https://labor.ny.gov/workerprotection/safetyhealth/temporary-rules-licenses-certifications-exams.shtm.

Chrysotile Asbestos Cobbing Station

Asbestos training providers will be notified when these restrictions have been lifted.  Providers should not notify for classes until the restrictions have been lifted.  There is no need for an asbestos training provider to send cancellations for the classes already scheduled during the closure, NYSDOH will automatically cancel these classes.

Future Environment Designs Keeping Your Employees Safe

Obviously, Future Environment Designs Training Center (FEDTC) will comply with these requirements and we will contact you once we are allowed to schedule classes, again.  We will be using this break to update our training materials with information we gained from recent Professional Abatement Contractors of New York (PACNY) Environmental Conference.

Respirable Silica Exposure

FEDTC would like to remind everyone that we also have some online safety courses that can be useful at this time to comply with various regulations.  Some of the courses we have include Occupational Safety & Health Administration (OSHA) hazard communication training; NYSDOL Public Employee Safety and Health (PESH) Right-to-Know/HazComm training; OSHA respirator user training; OSHA Class IV worker/Environmental Protection Agency (EPA) asbestos awareness training; OSHA respirable silica training; New York City Department of Environmental Protection (NYCDEP) investigator/supervisor/handler exam prep; and mold awareness.  Please visit our website to learn more about these courses at www.futureenv.com.  You can register there to take these courses or contact us for special pricing for ordering more than one of these courses.  Thank you!

Filtering Facepiece Respirator or a Dust Mask or N95 Respirator versus a Surgical Mask

Back in 2011 we posted this video from the Occupational Safety and Health Administration (OSHA) Respirator Safety Video discussing the difference between respirators and surgical masks is a very good video to better understand the difference between these two pieces of equipment that can protect you from particular hazards.

There is a lot of confusion currently (during the coronavirus pandemic) about the difference between these two items.  The video above gives you a basic understanding.  To expand on that information realize the surgical mask does not protect the user from what's in the air its not designed to be a filter.  It's designed to protect the public from what the individual wearing it has.  Hence its popularity in Asian countries where it is considered a courtesy to wear it when you're sick.  See the chart below for more differences.

The filtering facepiece respirator was designed for the purpose of being lightweight, easy to use, and protect workers from particulates in the air but they are single-use (they should not be used for more than 8 hours and you throw them away).  If you're interested in learning about this mask's history read this article written in Fast Company "The untold origin story of the N95 mask".  Unfortunately, like most respirators, these need to be fit tested to ensure they fit correctly and also need to be fit checked to ensure it is placed on the face correctly.  An interesting point is that air will take the path of least resistance, and that is why respirators need to be fit tested to make sure all the air goes through the filter(s).  It is also why workers with facial hair cannot wear tight-fitting respirators.  The facial hair creates a path of least resistance into the respirator.  Digg posted an interesting video that shows a person coughing and the difference between a surgical mask (designed to protect the public) and an N95 respirator (designed to protect the user).  Properly putting on and taking off the N95 respirator is also important to make sure all the air goes through the filter.  See the video below to ensure you are doing this correctly.  Remember you should follow the manufacturer's procedures when putting on or taking off the respirator.

One more point, don't touch the filter it could be contaminated.  If you do immediately wash your hands or if unavailable use alcohol-based hand sanitizer.  If you're sick you wear the surgical mask and keep your distance (3 feet or arms-length or the preferrable 6 feet) or better yet stay home!  If you are trying not to get sick you wear the N95 respirator.  However, if you have not been fit tested with the respirator, have not performed the fit check, have facial hair, or not wearing it properly then the respirator would be better off in a Doctor, Nurse, or Emergency Responders hands to help them with the shortages they are experiencing.  Just keep your distance or better yet stay at home!!! 

Related articles

• Importance of Respiratory Protection at Demolition or Disaster Sites (futureenv.blogspot.com)
• Importance of Personal Protective Equipment (futureenv.blogspot.com)
• Reportlinker Adds Global Personal Protective Equipment Industry (prnewswire.com)
• N95 Respirators and Surgical Masks (cdc.gov)
• September 5 is N95 Day - Whaaaaaat?? (futureenv.blogspot.com)
• Filtering Facepiece Respirator or Dust Mask.  Which is it? (futureenv.blogspot.com)

OSHA Fines Increase by 1.8%

On January 15, 2020, the Occupational Safety and Health Administration (OSHA) has increased the maximum civil penalties (fines) for serious, other-than-serious, and posting requirements to $13,494, from $13,260.  Failure to Abate violations has increased to $13,494 per day beyond the abatement date from $13,260 and Willful/Repeat violations have increased to $134,937 from $132,598.  These civil penalty increases were mandated by Congress, on November 2, 2015, through legislation that required all federal agencies to adjust their civil penalties to account for inflation.  OSHA increased their penalties on August 1, 2016, the link to our previous blog post discussing that increase is below.  Moving forward, as the legislation requires, the penalties will be adjusted each year based on the Consumer Price index.  Click here for the 2020 increase announcement.  OSHA will continue to do penalty reductions based on the size of the employer and other factors.  The OSHA January 10, 2020 details the penalty increase, minimum penalties, gravity-based penalty amounts, and serious willful penalty reductions.

Serious Violations will now be $13,494 each.

Related Articles:

• OSHA Fines Increase By 78%!  Will That Leads to an Increase in Safety Consulting & Training
• OSHA Fines Increase - Silica Rule Enforcement Ramps Up