Worker's Memorial Day, Honoring Those Who Died On The Job. What About Those Who Died Because of Their Job?

Worker’s Memorial Day is dedicated to those who lost their lives on the job. Every year, on April 28, people across the country and around the world pay their respects to the thousands killed each year on the job and the millions more who suffer serious occupational injuries and illnesses on the job and recognize the impact these tragic losses have on families, co-workers, and communities.  According to Wikipedia, in 1989 the AFL-CIO declared April 28 Worker's Memorial Day.  April 28 is the day the Occupational Safety and Health Act of 1970, went into effect and the day the Occupational Safety and Health Administration (OSHA) was formed in 1971.  In 1991, the Canadian parliament passed an Act respecting a National Day of Mourning for persons killed or injured in the workplace, making April 28 an official Workers' Mourning Day.  In 2001 the International Labour Organization (ILO), part of the United Nations (UN), recognized Workers' Memorial Day and declared it World Day for Safety and Health at Work, and in 2002 the ILO announced that April 28 should be an official day in the UN system.

According to ADAO, over 10,000 people are dying from asbestos exposure each year! 

As we see all the events held and all the statements made this day one theme seems to repeat over and over, workplace injuries and illnesses remain unacceptably high, especially the ones that happen now!  Every theme is to reduce injuries, but very few if any mention the biggest killer occupational disease.  The Center for Construction Research and Training (CPWR) is one of the few organizations that even discusses occupational disease.  But don't look for asbestos exposure on that website, for example, the construction worker exposure control database that they manage only lists silica, noise, welding fumes, and lead.  What about asbestos, mercury, or polychlorinated biphenyls?  But you can find oodles of information on falls.  Let's look at OSHA and how they handle occupational diseases.  They are the prime regulatory agency for occupational diseases.  Secretary of Labor Marty Walsh, OSHA is one of the agencies under the Department of Labor, yesterday issued a statement on Workers Memorial Day it is much longer than the following excerpt, but this statement and what it, and the whole statement, is lacking makes my point:

 “In the past year, nearly 5,000 workers left home for work and did not return. None knew that going to work would cost them their lives. While each life lost is a tragedy, those taken in incidents that might have been prevented – had their employers followed required safety and health standards – are especially painful for their families, their co-workers and friends, and their communities."

No recognition for workers who died from their job, but died after they were no longer working, though in Secretary of Labor Marty Walsh's video presentation he mentions his father being exposed to asbestos and having lung problems. Even in the Department of Labor's video on the Worker Memorial Day Program, only Assistant Secretary for Labor Chris Williamson the director of the Mine Safety and Health Administration (MSHA) even mentions occupational diseases when he mentions silica. 

While in the United Kingdom (UK) a new permanent memorial commemorating the lives of all the people who died as a result of exposure to asbestos has been unveiled in Barking and Dagenham at a special remembrance ceremony yesterday on International Workers Memorial Day.  The AFL-CIO annually releases a report "Death on the Job: The Toll of Neglect" that details the current state of safety and health protections for America’s workers. The 31st edition of the report states:

"Workplace hazards kill and disable approximately 125,000 workers each year—4,764 from traumatic injuries, and an estimated 120,000 from occupational diseases. Job injury and illness numbers continue to be severe undercounts of the real problem."

This report indicates that occupational diseases are 24 times more likely to occur than traumatic injuries!  Realize we are not saying safety is not important, but considering asbestos, silica, and welding fume exposures are still going on, just to name a few what is being done for these workers!  On May 2-6, 2022 OSHA will sponsor a National Safety Stand-Down to Prevent Falls in Construction.  Fatalities caused by falls from elevation continue to be a leading cause of death for construction employees, accounting for 351 of the 1,008 construction fatalities recorded in 2020 (BLS data).  If occupational diseases are typically 24 times more likely, then we would argue that falls are not the leading cause of death in construction.  Why is there no stand-down day for these occupational diseases?  Except for heat illness or noise, there are no stand-down days for the rest of the occupational diseases.  According to  OSHA's statistics, from October 2020 to September 2021 OSHA performed 15 inspections related to the construction asbestos standard (1926.1101) for 80 citations while for the same period OSHA performed 5,325 inspections with 5,463 citations for the duty to have fall protection in the construction industry (1926.501).   

Linda Reinstein of ADAO and Angelo Garcia, III of FED at the PACNY Environmental Conference

There is one bright cloud regarding recognizing those workers who die related to asbestos exposure but because they died after their retirement.  The Asbestos Disease Awareness Organization (ADAO) is the largest independent asbestos victims’ organization in the United States. Founded in 2004 to give asbestos victims and concerned citizens a united voice, to raise public awareness about the dangers of asbestos exposure, and to work towards a global asbestos ban.  The ADAO sponsors an annual International Conference on Asbestos Awareness and Prevention, and has annually (this year is the 17th) lobbied the U.S. Senate to pass a resolution to designate April 1- 7 as "National Asbestos Awareness Week", which coincides with "Global Asbestos Awareness Week".  Linda Reinstein is one of the founding members of ADAO and has told her story regarding Alan's, her husband, exposure to asbestos.  It's these stories that don't make it into the injury and illness statistics.  These stories are the ones that are being left out on Worker's Memorial Day and we must do better!

 

PACNY's 2022 25th Annual Environmental Conference Reestablishes Itself! Part One.

 On Thursday, March 3, 2022, the Professional Abatement Contractors of New York's (PACNY's) 25th Annual Environmental Conference opened after a one-year hiatus.  The conference was held at the Turning Stone Resort & Casino in Verona, New York, and the hotel and casino didn't seem to change much, however, the Lodge had a new bar that was beautiful and was very peaceful.  As usual, the service at the hotel/casino and the TS Steakhouse was personable and professional!

John from TS Steakhouse making the Gotham

The conference began with opening remarks and a conference welcome from Craig Kaputa, PACNY's President, Kevin Hutton, PACNY's Vice President, and Deb Sanscrainte, of Aramsco, Inc., PACNY's Conference Chair.  The first presentation, "Tribute to Past President - Chuck Kirch", was by Joe Cantone, Colden Corporation, it achieved the right balance of somber, respectful, and funny.  Chuck Kirch passed away in November 2021.  Brent Kynoch from the Environmental Information Association (EIA)  invited us to become members of the EIA and then updated us on what's happening at the Environmental Protection Agency's (EPA's) regarding asbestos and the "Draft Risk Evaluation of Asbestos - Part 2".  The last presenter before the break was Mark Gonzales, of Cornerstone Training Institute, speaking about "Cannabis in the Workplace".  Since the New York State Cannabis Law does not define the term "specific articulable symptoms."  Mr. Gonzales discussed the difficulties with assessing employee impairment from cannabis use, however, it is evident that an employer can act against an employee unable to perform their job duties or who poses a safety hazard due to their use of cannabis.  The break was to let the attendees go see the vendors in the exhibit hall and get some refreshments.  

Refreshments with the Vendors in the Exhibit Hall

After the break, the presentations began again with a virtual presentation by Tom Laubenthal, of  AirQuest Environmental, Inc., on "Lead-Based Paint; EPA & Housing and Urban Development (HUD), A Review and Updates of Recent Changes in Rules".   Mr. Laubenthal's presentation went through a host of lead regulations from EPA, HUD, Centers for Disease Control (CDC), and the Occupational Safety and Health Administration (OSHA) regarding Target Housing, Child-Occupied Facilities (both are based on pre-1978 construction), certifications, real estate transactions, and the different numbers and procedures for handling lead-based paint.  The amazing part was that Mr. Laubenthal was able to fit his whole presentation within 45 minutes.  Angelo Garcia, III, Future Environment Designs, Inc., was the last presentation before the lunch break.  Mr. Garcia's presentation was on the "Trials & Tribulations of Training During a Pandemic" to see the presentation click on the link, which will take you to our dropbox folder on conference presentations (our presentation is in the 2022 PACNY Presentations folder).  We discussed how the pandemic has affected our company and the training industry with supporting data from Ms. Karen Cummings, M.P.H., Director of the New York State Department of Health's (NYSDOH's) Asbestos Safety Training Program, and Mr. Chek Beng Ng, P.E., Professional Engineer, of the New York State Department of Labor's (NYSDOL's) Engineering Services Unit (A Big Thank You to the both of you!).   A buffet lunch was served in the Oneida Room.  In our next post, we will discuss the presentations after lunch!  Until then!

Thank you to Lynn Burlingham, of Cornerstone Training Institute, for taking the video and to Joe Cantone, Colden Corporation for taking the photo!

The Environmental Information Association Conference Is Back in Phoenix.

We will be attending the Environmental Information Association (EIA) 2022 National Conference and Exhibition.  It is being held at the Hyatt Regency in Downtown Phoenix and it is also being held virtually.  If you wish to register for the conference click here!  

Frank Lloyd Wright's Taliesin West

Our love of Phoenix, Arizona started when we became a member of the American Council for Accredited Certifications (ACAC) Certified Indoor Environment Consultant Board.  Our meetings were always in January/February time period which is an absolutely perfect time to visit Phoenix.  The weather gave us a break from the winter of the Northeast.  It's not too hot during the day and not too cold at night.  Meeting members of the ACAC boards was a fantastic networking event!  This year the ACAC was planning a meeting of the Boards, however, attendance by ACAC members was not as hoped.  But we are still planning on getting together and will attend Adam Andrew's presentation in Session 4 - "Asking the Right Questions: Inbound marketing with professional certification."

Some of the ACAC Board Members we're hoping to see!

The EIA conference starts on Monday, March 21, 2022.  The opening of the General Session starts at 8:30 am and the schedule for this session includes the introduction of EIA governance, a short presentation by EIA Managing Director J. Brent Kynoch, EIA President Steve Fulford, and EIA 2022 Conference Chairs Chris Gates and Vessa Roberts. This session also features the presentation of the 2022 Jack Snider Jr. Award and the EIA 2022 keynote address.  The EIA's 2022 Keynote Presentation: "National Environmental Public Health Tracking: From Data to Action" Centers for Disease Control (CDC) National Centers for Environmental Health Environmental Public Health Tracking Program, CDC & AZ Department of Health Jena Losch, CDC, Public Health Advisor, National Center for Environmental Health and Hsini Linn, AZ Department of Health, Deputy Office Chief for Environmental Epidemiology.

Chihuly at the Desert Botanical Gardens in Phoenix

We are looking forward to the Technical Program and seeing several sessions in addition to Adam Andrew's presentation.  We are looking forward to Lee Poye's, Eurofins - J3 Resources, presentation on "Libby Amphibole, Talc, Erionite, and Other Respirable Elongate Mineral Particles – Nonregulated Hazards?", Dylan Staack's presentation "Qualitative vs. Quantitative Fit Testing: Understanding the Gaps in Your Respiratory Protection Program", Danaya Wilson's, CHC Training, & Tom Laubenthal's, Air Quest Environmental plenary session on "Asbestos Regulation 101: Past, Present, Future", Michael P Menz's, CIH, CHMM, Indoor Environmental Concepts, LLC, Deregulated Asbestos Floor Tile Removal Using Dry Ice Technique", and Peggy Forney's, EPA - Retired, "Enforcement of Asbestos Abatement Projects."  To see the entire schedule of events click here.  We hope to see you at the conference and look forward to writing about the various presentations.

PACNY's Environmental Conference Is Back!! Counting Down The Days to March 3 and March 4, 2022!!!

The Professional Abatement Contractors of New York (PACNY) have announced the dates for their annual Environmental Conference to be held on March 3rd and 4th, 2022.  It will be held at the Turning Stone Resort & Casino in Verona, New York.  Visit Turning Stone Casino's website for pandemic questions.  To register for the conference or sponsor the conference click here!

Return of New York State Department of Labor Panel

Obviously, due to the pandemic, last year's conference was not held.  This year's conference goes back to the original format of two days - Thursday & Half-day Friday.  Thursday is usually the Professional Day and we're looking forward to the following presentations: a presentation by a New York State Department of Labor (NYSDOL) Inspector by Elizabeth Kirkland;  The Evolving Role of the NYS Project Monitor, and a roundtable discussion by PACNY experts on mold, that will include Jack Springston of ATC.  PACNY has asked us, (Angelo Garcia, III's, of Future Environment Designs, Inc. (FEDTC)), to speak and we will be presenting on the "Trials and Tribulations of Training During a Pandemic".  We hope our presentation will be an entertaining look into trying to maintain a training program during a pandemic.  We would like to thank Ms. Karen Cummings, M.P.H., Director of the New York State Department of Health's (NYSDOH) Asbestos Safety Training Program for providing us with data for our presentation regarding the number of asbestos training certificates issued during the last four years.  We would also like to thank Mr. Chek Beng Ng, P.E., Professional Engineer, of the NYSDOL Engineering Services Unit, for also providing us with the mold training data, since 2015, for our presentation.  With this information, it will be interesting to see the impact the pandemic had on training and in extension on the available workforce.   After the last presentation, we will head over to the Exhibition Hall with the Vendors/Sponsors of the conference and network with the attendees at the open bar.  Yes, that's right Happy Hour is back! 

Happy Hour At the Exhibition Hall

FEDTC is one of the sponsors of the conference again and will have a booth in the Exhibition Hall.  Ms. Sheryl Esposito is returning to be the woman at the booth.  Come by and say hello!  As we have in the past, we will be tweeting the conference.  To follow the conference on Twitter, you can search for the hashtag #FEDTCPACNY or you can follow on our Twitter account at https://twitter.com/angelogarcia3. 

  

Sheryl Esposito at the FEDTC Booth

Half-day Friday is Regulatory Day with the NYSDOL's Asbestos Control Bureau usually doing a brief presentation and then doing a questions and answers session.  One question certain to be asked will be when will the Fast Track Variances return?  Mr. Ed Smith, P.E., Program Manager of the NYSDOL Engineering Services Unit will be expected to answer that question.  This year we will have new people on the podium.  Dr. Eileen Franco has retired and the new director is Amy Phillips.  Mr. Kirk Fisher takes over for Mr. James Meacham, P.E. as head of the Enforcement Unit.  This ponders the question of who takes over the Licensing and Certification Unit?  Mr. Paul Demick, Associate Safety & Health Inspector, will be on the podium for the NYSDOL License & Certificate Unit.    Lunch on Friday is the last meal of the conference and the last chance to network with the attendees.  It will be good to get back to Turning Stone and see all our friends and business associates, again.  Hoping to see you there!

The Annual Increase of OSHA Penalties Goes Into Effect!

On January 13, 2022, the Occupational Safety and Health Administration (OSHA) announced (click here for the announcement) effective January 15, 2022, in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 and several amendments that they are making the annual adjustments for inflation as required by those laws.  

The cost-of-living adjustment multiplier for 2022, based on the Consumer Price Index for October 2021 is 1.06222.  In computing the 2022 adjustment, OSHA multiplied the most recent penalty amount for each applicable penalty by the multiplier and then rounded to the nearest dollar.  

Serious Violation Penalties (per violation)       

    Minimum $1,036        Maximum $14,502

Other-Than-Serious Penalties (per violation)

    Minimum $0               Maximum $14,502

Willful or Repeat Penalties (per violation)    

     Minimum $10,360*    Maximum $145,027   

Posting Requirements (per violation)

    Minimum $0                Maximum $14,502

Failure to Abate (per day unabated beyond the abatement date, max. 30-days) $14,502

*For a repeated other-than-serious violation that otherwise would have no initial penalty a Gravity Based Penalty (GBP) of $414 shall be proposed for the first repeat violation, $1,036 for the second repeated violation, and $2,072 for a third repetition.              

This serious violation would cost the employer between $1,036 and $14,502

OSHA increased its penalties on August 1, 2016, the link to our previous blog post discussing the initial increase that started this annual process to increase fines is here.  OSHA will continue to do penalty reductions based on the size of the employer and other factors.  The OSHA January 13, 2022 enforcement memo details the penalty increase, minimum penalties, gravity-based penalty amounts, and serious willful penalty reductions.  In addition, OSHA's website provides information and guidance to employers on debt collection activity.  The site is designed to help employers pay their debts with OSHA click here to visit the site.

Wishing You a Joyous and Merry Holidays and a Happy New Year! Future Environment Designs Opening a New Center!

Future Environment Designs Training Center (#FEDTC) wishes you and your family a Merry Holidays and a Happy New Year.  As we say goodbye to 2021 and the improvements of our business from 2020, we are especially excited about entering 2022.  We are excited to announce some changes that will expand our capabilities and we are hiring trainers to help with the expansion into our new training facility in Jamaica, New York.  So keep an eye out for the where the classes are being held, we will still be training in Syosset and at your convenience.  We will be increasing the number of initial classes we offer, since the new facility has a full hands-on area.  We will also be expanding our Spanish language offerings over the next few months.  Mr. Ramon De Los Santos who is an Occupational Safety and Health Administration (OSHA) Outreach Training Instructor has over 15 years of construction experience in road construction safety.  Mr. De Los Santos is bilingual and speaks English and Spanish fluently.  #FEDTC will be adding Spanish OSHA 10-hour & 30-hour construction safety courses to our schedule, more frequently this year.  To take advantage of hs capabilities.  

Remember we are still providing several discounts including our loyalty discount at 25%, our Safety Suzy Newsletter Discount, and our Blog Discount (FEDTCBlog15).  Please take full advantage of these discounts when you register for the courses.  As we discussed, in December's Safety Suzy Newsletter, New York State Department of Health (NYSDOH) starting January 1, 2022 is increasing the certificate fee from $12 to $30 for refreshers and from $20 to $50 for initials.  So you will see a price increase for all our asbestos classes for 2022.  We are sorry for the increase especially considering the other inflationary pressures out there but even with those pressures we have only increased the prices to cover this fee increase.

Since the pandemic started we have added new on-demand/e-learn courses to our catalog.  Our catalog now includes asbestos awareness, a 4-hour Occupational Safety and Health Administration (OSHA) bloodborne pathogen, AHERA designated person, OSHA hazard communication, OSHA hazard communication course including New York State Deaprtment of Labor (NYSDOL) Public Employee Safety and Health (PESH) requirements, New York City Departent of Environmental Protection (NYCDEP) exam prep for handlers/supervisors and investigators, Silica in construction, Mold in construction, and Lead in construction courses.  To register for this course or any of our on-demand/e-learning courses visit FEDTC's online training website.     

Mold Class

We are looking forward to seeing all of you in 2022.  We so excited about the changes and opportunities coming our way.  Again, we wish you & your family a Merry Holidays and a Happy New Year!!!

Future Environment Designs Training Center Celebrates Veterans Day

Today we honor our Veterans who served in the military.  Veteran's Day coincides with Armistice Day and Remembrance Day which are celebrated in other countries that mark the anniversary of the end of World War I.  Major hostilities of World War I were ended at the 11th hour of the 11th day of the 11th month of 1918.  At that time the Armistice with Germany went into effect.  United States veteran organizations urged that Armistice Day be renamed Veterans Day in 1954 and since then we have celebrated it as Veterans Day.  

Future Environment Designs Training Center would like to thank all those who have served and helped to protect our country in our hours of need!  Thank you for your service!