The Fallacy of Asbestos Clearance Air Sampling, or 5 Reasons Why We Should Stop Using Phase Contrast Microscopy for Clearance.

The Environmental Protection Agency's (EPA's) Asbestos Hazard Emergency Response Act (AHERA) regulation introduced the requirement of clearance sampling after an asbestos abatement project was completed.  The AHERA regulation applies to schools from Kindergarten to 12th grade (K-12), both public and private schools.  However, for all intents and purposes, the AHERA method of clearance serves as the industry standard when final clearance is performed for most asbestos abatement projects, especially when areas are to be re-occupied.  The requirements for clearance are found in two sections of the rule:

• Response Actions; §763.90 (i)
• Appendix A (to Subpart E) - Interim Transmission Electron Microscopy Analytical Methods - Mandatory and NonMandatory - and Mandatory Section to Determine Completion of Response Actions

AHERA allows final clearance air sampling to be done by phase contrast microscopy (PCM) methodology for projects less than or equal to 160 square feet (SF) or 260 linear feet (LF) by the National Institute for Occupational Safety and Health (NIOSH) 7400 methodology (Issue 3: 14 June 2019 is the current issue).  For projects greater than 160 SF or 260 LF clearance shall be done by the AHERA transmission electron microscopy (TEM) method (requirements at 763.90 (i) (4) and Appendix A).  Since this article's purpose is to discuss why we should not be using the PCM method we will focus our discussion on this method specifically.  An important point to remember is that the method was designed for personal sampling of workers in environments with actual asbestos exposures.  AHERA adapted the method for clearance requiring that each sample must be less than or equal to a limit of quantitation (LOQ) for PCM of 0.01 fibers per cubic centimeter (f/cc).

Over the years, it has become abundantly clear that the PCM method should not be used for clearance sampling.  The top five reasons it should not be used for clearance sampling are:

Size of the Fibers Analyzed

The rules for the NIOSH 7400 method specifically require the microscopist to count only fibers that are greater than 5 micrometers (microns) length.  When it comes to diameter it is questionable whether fibers less than 0.25 microns in diameter can or cannot be detected by the method.  All other fiber lengths and narrow widths are not counted they are too thin with normal PCM resolution.  At the Professional Abatement Contractors of New York 2023 Environmental Conference, Lee Poye, Vice President Emeritus, Eurofins Built Environment, discussed his presentation "Asbestos in Human Tissue and the Environment - Does Size Matter?"

Lee Poye Presenting at PACNY 2023

According to his presentation, in an article titled "Short, Fine, and WHO Asbestos Fibers in the Lungs of Quebec Workers With an Asbestos-Related Disease" by G. Adib, F. Labreche, L. DeGuire, C. Dion, & A. Dufresne and published in the American Journal of Industrial Medicine in 2013 the type of fibers that are seen in diseased tissue are less than 5 microns and less than 0.25 microns in width.

 

Lee Poye Presenting at PACNY 2023

Mr. Lee Poye's own research (not published) found a similar finding see below.  Based on his presentation, we know that size does matter regarding diseased human tissue.  Mr. Poye's conclusion from his presentation were:

• What's the skinniest PCM fiber a "typical AMT" can see? 0.18 micron.
• Just how much chrysotile is missed by PCM? Almost ALL of it!
• What % of chrysotile fibers detected in human tissue would've been visible by PCM?  Maybe 2% to 3% at best!

Lee Poye's Own Research at PACNY 2023 

Considering between 98-99% of the chrysotile fibers that are seen in the tissue of diseased lungs are not seen by the PCM method.  Why are we using a method that does not detect the fibers that actually cause disease for clearance?

Is the Work Area Actually Clean?

In 2003, Applied Occupational and Environmental Hygiene published a study called "Asbestos Release During Removal of Resilient Floor Covering Materials by Recommended Work Practices of the Resilient Floor Covering Institute" by Marion Glenn Williams, Jr. and Robert N. Crossman, Jr. from the University of Texas Health Center at Tyler, Tyler Texas.  The major points from this study were:

• Asbestos used in flooring materials is Grade 7 - Shorts and Floats.  The dimensions of this material are very small and may not be resolvable by the Polarized Light Microscope (PLM).  This is why New York State Environmental Laboratory Approval Program (NYS ELAP) requires floor tiles to be analyzed as a nonfriable organically bound (NOB) material (analysis by PLM and if negative result for asbestos, then analysis by TEM).
• Many research studies have found the preponderance of fibers at autopsy left in lung tissue, pleural plaques, and lymph nodes of persons who have occupational asbestos exposure are shorter than 5 microns in length.
• The NIOSH 7402 TEM method is flawed because it underreports the amount of asbestos in the samples because it ignores all fibers less than or equal to 5 microns and all those fibers longer than 5 microns but less than 0.25 micron in diameter.
• AHERA TEM method counts for total asbestos structures per cubic centimeter averaged 22 times greater than the PCM fiber counts on the same filters.
• AHERA TEM asbestos concentrations obtained during mastic removal with a commercial mastic remover averaged 11 times higher than those measured when removal used amended water.
• The study also found that there was considerable amounts of asbestos dust settled on exposed surfaces during tile removal.  Indicating a need to thoroughly HEPA vacuum and wet clean surfaces or dust may remain that could be re-entrained by occupant activity.
• The study also indicates that workers in these areas, would not have to wear respirators, so anyone in these areas would have inhaled asbestos fibers or structures of respirable dimensions.

At the 2017 PACNY Environmental Conference a debate occurred about our call for TEM clearance sampling for all asbestos floor tile projects based on the above study.  This debate led to our writing the article Asbestos Floor Tile Debate Results Post and our article in Healthy Buildings.  Our major points were:

• When using the AHERA TEM method for clearance, what was the typical size of the fibers found?  The answers we got were 58.8% less than 5 microns; 29.4% of both sizes were equal amounts; and 11.8% greater than 5 microns.
• Have you ever encountered during asbestos flooring removal when utilizing both the NIOSH 7400 (PCM) & the AHERA (TEM) methods of analyses, that the NIOSH 7400 passed while the AHERA TEM method failed?  The answers we got were 52.6% yes, 36.8% no, and 10.5% never used both.
• AHERA TEM method counts for total asbestos structures per cubic centimeter averaged 22 times greater than the PCM fiber counts on the same filters.

• AHERA TEM asbestos concentrations obtained during mastic removal with a commercial mastic remover averaged 11 times higher than those measured when removal used amended water.

At the 2020 PACNY Environmental Conference – Jack Snider, III CSP LAC, GC of AMRC presented on Take-Home Asbestos Exposure. During the removal of floor tile, mastic, and other non-friable ACM, workers are typically wearing street clothes into the work area, and they are not showering nor vacuuming themselves/their clothing upon exiting the containment.  

Mr. Snider's presentation found workers performing floor tile projects had significant Take-Home Asbestos Exposure.  These points all bring up the question of whether the work area is actually clean when we use the PCM method.  Many building abatement projects are passing by PCM that would not pass clearance by TEM.  

Is 0.01 fibers/cubic centimeter (f/cc) Safe?

Well based on the World Health Organization (WHO), and the EPA there is no safe level of exposure.  If we look at how many asbestos fibers we are breathing in at 0.01 f/cc if we were making a moderate effort it would be approximately 100 asbestos fibers per minute or for an 8-hour day it would be 48,000 asbestos fibers.  If we look at the amount of asbestos fibers in a cubic foot of space it would be 283 asbestos fibers/CF.  So what is the risk at 0.01 f/cc?  In 2021, the Committee for Risk Assessment (RAC) prepared an expert opinion for the European Chemical Agency (ECHA) on the scientific evaluation of occupational exposure limits for asbestos. They have concluded that there is no “safe” level of asbestos exposure. Instead, they provided an exposure-risk relationship to express the excess risk of cancer at different levels of asbestos exposure.  According to the RAC, the risk of excess lifetime cancer risks is 12 cases per 100,000 exposed at 0.01 f/cc. 

Compare that risk with the following, in 2022, 1,069 construction professionals died while working, a rate of 9.6 fatalities per 100,000 full-time workers, according to a report by the Bureau of Labor Statistics.  That fatality rate was the third highest, behind agriculture, forestry, fishing and hunting (18.6 per 100,000) and transportation and warehousing (14.1 per 100,000).  Realize the current Occupational Safety and Health Administration (OSHA) Permissible Exposure Limit (PEL) is 0.1 f/cc based on an 8-hour time-weighted average (TWA) and according the RAC that risk is 125 per 100,000 exposed.

Industry, occupation, and exposure history of mesothelioma patients in the U.S. National Mesothelioma Virtual Bank, 2006–2022 found these points:

• Among the 1023 industries recorded for those having mesothelioma, the most frequent cases were found for those in manufacturing (n = 225, 22.0%), construction (138, 13.5%), and education services (66, 6.5%)….
• Males (583) or persons aged >40 years (658) at the time of diagnosis tended to have worked in industries traditionally associated with mesothelioma (e.g., construction), while females (163) or persons aged 20–40 years (27) tended to have worked in industries not traditionally associated with mesothelioma (e.g., health care). 

Malignant Mesothelioma Mortality — United States, 1999–2015 Weekly / March 3, 2017 / 66(8);214–218 Jacek M. Mazurek, MD, PhD1; Girija Syamlal, MBBS1; John M. Wood, MS1; Scott A. Hendricks, MS2; Ainsley Weston, PhD1 found:

• Current occupational exposure occurs predominantly during maintenance and remediation of asbestos-containing buildings.
• Continuing occurrence of malignant mesothelioma deaths in persons aged <55 years suggests ongoing inhalation exposure to asbestos fibers and possibly other causative EMPs.

The above table is from the above referenced material.  However, we have added the last column based on a 30-year latency period which gives an interesting perspective based on when the person most likely was exposed to asbestos.  Consider that over 650 individuals were most likely exposed before working age.  this could result from exposures due to take-home exposure, do-it-yourself projects, or from attending schools that are not managing asbestos properly.  It is also interesting to note that the number of mesothelioma deaths between 1999-2015 has remained roughly the same, between 2479-2873 individuals. 

Based on all this information a better clearance level would be 0.001 f/cc and a better occupational exposure limit would be 0.01 f/cc or 0.005 f/cc as an 8-hour TWA.  In November 2023, the European Union has adopted a reduction of the exposure limit for workers to 0.01 f/cc as an 8-hour TWA and after a maximum transition period of six years, member states will have to switch to electron microscopy.  In addition, in the EPA's chrysotile asbestos ban beginning November 5, 2024,....no person is exposed to an airborne concentration of chrysotile asbestos in excess...0.005 fibers per cubic centimeter (f/cc) as an 8-hour time-weighted average (TWA).  Considering all of this it is obvious 0.01 f/cc is not an appropriate level for clearance.  Utilizing TEM for clearance would ensure we are achieving the lowest protective level possible.

Are We Sampling Correctly?

In our blog post The Reality of Asbestos Clearance Air Sampling! Are You Sampling Enough? and our article in Healthy Buildings "You Can't Handle The Truth....About Clearance Sampling."  The major points from these articles were:

• Many believe or have been misled to believe that PCM sampling is the same as TEM sampling in terms of sampling volume.  This is not the case.  A PCM sample volume meeting AHERA clearance requirements are not at 1200 liters.  To do so is outside of the NIOSH 7400 method requirements for this purpose.  Even others have used the limit of detection sample volume to collect 560 liters.  
• In the NIOSH 7400 method, the issue regarding "relatively clean" environments" is addressed on page 4, number 4, note number 1 which states  "In relatively clean atmospheres, where targeted fiber concentrations are much less than 0.1 f/cc, use larger sample volumes (3000 to 10,000 liters) to achieve quantifiable loadings."
• Even though the formula calculates that 3,850 liters of air should be collected, many people use note 1 to collect 3,000 liters of air for clearance.  Either way clearance samples should be collected using no less than 3,000 liters of air as the minimum allowed for the NIOSH 7400 method requirements and AHERA compliance. 

Airbox Calibration Setup

In New York State the recommended sampling volume is 1,200 liters of air (based on the NYSDOH ELAP and the Bureau of Occupational Health and the New York State Department of Labor (NYSDOL) FAQ#13) and in the New York City Department of Environmental Protection (NYCDEP) Title 15 the required sampling volume is 1,800 liters of air for PCM clearance.  Based on the LOQ formula what are the consequences of not collecting the required volume?  Remember this is a formula and if you modify the formula to solve for L instead of t.  You then plug in the amount of time you're actually sampling for then you get the actual result you are achieving.

The NIOSH 7400 method, utilizes the formula above to determine the amount of time needed to achieve the fiber density, E, for optimum filter loading.  So, the minimum density the method allows is 100 fibers per square millimeter (mm²).  The Ac is the collection area for a 25-mm cassette which is 385 mm².  The Q is the sampling flow rate in LPM, and t is the time we are collecting the sample.  Modifying the formula to calculate for L or the LOQ concentration, we get this for 560 liters.

When using 1200 liters we get the following:

When using 1800 liters we get the following:

The consequences of the above numbers are that the:

• EPA AHERA clearance requirement of less than or equal to 0.01 f/cc is not being met. 
• NYSDOL Industrial Code Rule 56 (ICR56) clearance requirement of less than 0.01 f/cc is not being met.
• NYCDEP Title 15 clearance requirement of less than 0.01 f/cc is not being met

According to the RAC, the risk of excess lifetime cancer risks is 25 cases per 100,000 exposed at 0.02 f/cc and somewhere between 25 and 65 cases per 100,000 exposed at 0.03 f/cc.

At the 2024 Environmental Information Association (EIA) National Conference & Exhibition we conducted a survey of the attendees regarding the volume of air they collected for PCM clearance.  Below are the results:

As you can see from the results none of the individuals that answered the question are actually collecting the correct volume of air required by the NIOSH 7400 methodology.  Improper collection of PCM samples is not meeting the clearance requirements.

The Cost of Clearance Sampling

We know what you are going to say TEM samples cost way more than PCM samples.  We agree they do, but not compared to when AHERA first came out.  When AHERA first came out there were hardly any laboratories that did TEM analysis and those that did the samples cost between $350-500 per sample.  The difference between PCM analysis costs and TEM analysis costs has come way down.  A recent quote we received from a reputable laboratory for PCM analysis with a 3-hour turnaround was $12.50 per sample while TEM AHERA analysis with a 4-hour turnaround was $150 per sample.  The price difference is smaller than it once was. The odd math is that the difference in price between PCM and TEM for many projects is not even a rounding error to the overall budget, where the total construction budget could be in the millions (renovations). 

If PCM cannot see the fibers that cause disease or even determine that the area is clean, is it worth the money or the paper it is printed on when it comes to final clearance air sampling? 

TEM should be the only method employed for clearance air sampling!

Chrysotile Asbestos Banned? More Like Certain Conditions of Use Will Be Eventually Banned!

Many of you, as did I, read about the "Ban of Chrysotile Asbestos" and rejoiced over something long overdue.  However, after reading this so-called ban it is obvious that it is not a ban.  Just reading the title of the rule tells you it is not a ban. "Asbestos Part 1 - Chrysotile Asbestos; Regulation of Certain Conditions of Use Under the Toxic Substances Control Act (TSCA)".  This rule is only regulating "certain conditions of use".  We would say the media needs a dictionary if they actually think after reading the title this is a ban.  What is the definition of a ban?  Ban is to prohibit or forbid especially by legal means (as by statute or order).  After reading the rule, it is obvious this is not banning all uses of chrysotile asbestos, but banning or restricting its use in very specific industries.  In addition, what about the other types of asbestos: amosite, crocidolite, tremolite, anthophyllite, actinolite, or the Libby amphiboles?  No mention of these there!

Since this is not a ban and 40,000 Americans die annually from asbestos-caused diseases it is even more important that we Tell Congress to Ban Asbestos!  The Asbestos Disease Awareness Organization (ADAO) has developed a coalition of firefighters, public health, and safety officials who are calling on the public’s support in their decades-long fight to convince the U.S. Congress to ban deadly asbestos.  Now, you have an opportunity to write your own message to US Senators and US Representatives to ask them to support the Alan Reinstein Ban Asbestos Now Act (ARBAN). This act would prohibit the manufacture, processing, use, and distribution of commercial asbestos in commerce - a known carcinogen that is still widely in use across the U.S. Make your voice heard on this link. It takes only a minute.

Chrysotile Asbestos

Before we go into this rule, let's remember we still have the Significant New Use Rule (SNUR) that came out on April 25, 2019.  This rule did not ban any forms of asbestos but allowed manufacturers (including importing), or processors of asbestos (including as part of an article) to seek permission from the Environmental Protection Agency (EPA) for the significant new use (it included a list of uses that would need permission).

The final rule can be found on EPA's website here.  The document consists of 40 pages (pages 21970 to 22010).  However, the rule is found on page 22005 (35 pages after the beginning of the document, meaning the rule consists of only 5 pages).  Subpart F - Chrysotile Asbestos starts with the different Sections of the Rule:

• 751.501 General
• 751.503 Definitions
• 751.505 Manufacturing, processing and commercial use of chrysotile asbestos diaphragms in the chlor-alkali industry. 
• 751.507 Certification of compliance for the chlor-alkali industry. 
• 751.509 Other prohibitions and restrictions of the manufacturing, processing and commercial use of chrysotile asbestos. 
• 751.511 Interim workplace controls of asbestos exposures. 
• 751.513 Disposal. 
• 751.515 Recordkeeping. 

As you can see from this list, these are the Certain Conditions of Use.  Let's look at 751.505 diaphragms (means semipermeable diaphragms, which separate the anode from the cathode chemicals in the production of chlorine and sodium hydroxide (caustic soda).  

• Section (a) states, after May 28, 2024, all persons are prohibited from manufacture (including import) of chrysotile asbestos, including any chrysotile asbestos-containing products or articles, for diaphragms in the chlor-alkali industry.  

That is a ban on the import of chrysotile asbestos, but only for diaphragms, however, the next section is on the use of diaphragms containing chrysotile asbestos, 

• Section (b) states, after May 28, 2029, all persons are prohibited from processing, distribution in commerce, and commercial use of chrysotile asbestos, including any chrysotile asbestos-containing products or articles, for diaphragms in the chlor- alkali industry, except as provided in paragraphs (c) through (d) of this section. 

Here is the devil in the details:

• Section (c) Any person who meets all of the criteria of this paragraph (c) may process, distribute in commerce and commercially use chrysotile asbestos, including any chrysotile asbestos- containing products or articles, for diaphragms in the chlor-alkali industry at no more than two facilities until May 25, 2032: (1) On May 28, 2024, the person owns or operates more than one facility that uses chrysotile asbestos in chlor-alkali production; (2) The person is converting more than one facility that the person owns or operates that as of May 28, 2024 uses chrysotile asbestos in chlor-alkali production from the use of chrysotile asbestos diaphragms to non-chrysotile asbestos membrane technology, and by May 28, 2029, the person has ceased all processing, distribution in commerce and commercial use of chrysotile asbestos at one (or more) facility undergoing or that has undergone conversion to non-chrysotile asbestos membrane technology; and (3) The person certifies to EPA compliance with the provisions of this paragraph, in accordance with §751.507. 
• (d) Any person who meets all of the criteria of this paragraph (d) may process, distribute in commerce and commercially use chrysotile asbestos, including any chrysotile asbestos- containing products or articles, for diaphragms in the chlor-alkali industry at not more than one facility until May 26, 2036: (1) On May 28, 2024, the person owns or operates more than two facilities that use chrysotile asbestos in chlor-alkali production; and (2) The person is converting more than two facilities that the person owns or operates that as of May 28, 2024 use chrysotile asbestos in chlor-alkali production from the use of chrysotile asbestos diaphragms to non-chrysotile asbestos membrane technology: (i) By May 28, 2029, the person has ceased all processing, distribution in commerce and commercial use of chrysotile asbestos at one (or more) facility undergoing or that has undergone such conversion; and (ii) By May 25, 2032 the person has ceased all processing, distribution in commerce and commercial use of chrysotile asbestos at two (or more) facilities undergoing or that have undergone conversion to non-chrysotile asbestos membrane technology; and (3) The person certifies to EPA compliance with the provisions of this paragraph, in accordance with §751.507. 

So other words we have a ban on the manufacture/importing of chrysotile asbestos to make diaphragms but the use of chrysotile asbestos diaphragms is not banned until 2036.  In addition, 751.509  Other prohibitions and restrictions of the manufacturing, processing, and commercial use of chrysotile asbestos covers:

• Prohibit the manufacture (including import), processing, use, distribution in commerce and commercial use of chrysotile asbestos, including any chrysotile asbestos-containing products or articles, for sheet gaskets in chemical production and require interim workplace controls for certain commercial uses after May 27, 2026.  With exceptions for titanium dioxide production until May 28, 2029, and processing nuclear material at the Savannah River Site until December 31, 2037. 
• Prohibit the manufacture (including import), processing, distribution in commerce, and commercial use of chrysotile asbestos, including any chrysotile asbestos-containing products or articles, for oilfield brake blocks, aftermarket automotive brakes, and linings, other vehicle friction products, and other gaskets after November 25, 2024; 
• Prohibit the manufacture (including import), processing, and distribution in commerce of chrysotile asbestos, including any chrysotile asbestos-containing products or articles, for consumer use of aftermarket automotive brakes and linings and other gaskets after November 25, 2024.
• All of these have exceptions to the distribution in commerce prohibition if they are already installed.

https://www.asbestos.com/occupations/auto-mechanics/

Section 751.511 Interim workplace controls of asbestos exposures is an interesting section considering it's stepping on the toes of the Occupational Safety and Health Administration (OSHA).  This section applies to the processing, and commercial use of chrysotile asbestos, including any chrysotile asbestos-containing products or articles, for chrysotile asbestos diaphragms in the chlor-alkali industry; and to the commercial use of chrysotile asbestos sheet gaskets for titanium dioxide production.   The section establishes an exposure limit called the Interim Existing Chemical Exposure Limit (ECEL):

• Beginning November 5, 2024,....no person is exposed to an airborne concentration of chrysotile asbestos in excess...0.005 fibers per cubic centimeter (f/cc) as an 8-hour time-weighted average (TWA).  Remember the OSHA Permissible Exposure Limit for asbestos is 0.1 f/cc as an 8-hour time weighted average.  The ECEL is a 20 times reduction from the PEL.
• Requires initial (performed as of May 28, 2024, and no later than November 25, 2024) & periodic exposure monitoring (performed within three months or six months based on previous results).
• Method of Monitoring utilizes OSHA 1910.1001 Appendix A, OSHA method ID-160, or the National Institute of Occupational Safety and Health (NIOSH) 7400 method.  Allowance for the NIOSH 7402 method to adjust the analytical result to include only chrysotile asbestos. 

Personal Sampling Pump

The section also includes additional requirements for exposure monitoring, establishing regulated areas, exposure control procedures, respiratory protection, and workplace information and training.  The respirator section makes for interesting reading for those who know the OSHA respiratory protection standard.  Below are some examples of the respirator requirements:

• If exposure monitoring indicates the exposure is above 0.00view 5 f/cc and less than or equal to 0.05 f/cc.  The employer must provide either a half-mask supplied air (SAR) or airline respirator operated in demand mode or a half-mask self-contained breathing apparatus (SCBA) respirator operated in demand mode.
• If exposure monitoring indicates the exposure is above 0.05 f/cc and less than or equal to 0.125 f/cc.  The employer must provide a loose-fitting facepiece supplied air (SAR) or airline respirator operated in continuous flow mode.

Supplied airline respirator

It is obvious from these respirator selections EPA is reaffirming that there is no safe exposure level to asbestos.  For those of us who remember the EPA's and NIOSH's White Book "A Guide to Respiratory Protection for the Asbestos Abatement Industry", remember that this quote was in that book:

"Respirators which use filters to remove contaminants from the air do not provide as high a degree of protection for workers as respirators which supply clean pressurized air to the workers from a protected source."

Realize these restrictions are stricter than OSHA requirements and we wonder what this means for Part 2 of this evaluation process when EPA will be looking at Legacy issues?

Related articles

• The National Law Review - EPA Bans Ongoing Uses of Asbestos https://www.natlawreview.com/article/epa-bans-ongoing-uses-asbestos
• ADAO's FAQs and Quotes on EPA Part 1 Chrysotile Asbestos Rule
   https://www.asbestosdiseaseawareness.org/newsroom/blogs/faqs-and-quotes-on-epa-part-1-chrysotile-asbestos-rule/

That Time of Year! Conferences, Posting Requirements, and OSHA Violations Increased!

It's that time of year again. We're between conferences.  February 15-16, 2024 was the Professional Abatement Contractors of New York (PACNY) Environmental Conference and the Environmental Information Association (EIA) National Conference & Exhibition is March 18 - 21, 2024.  This year we have the honor of speaking at both conferences.  We are speaking on the "Fallacy of PCM Clearance" in other words 5 reasons PCM should not be used for clearance.  We are speaking on Wednesday, March 20, 2024, at 1:00 PST if you happen to be in San Diego, California come down and say hello!  We're looking forward to arriving early and seeing the San Diego Wildlife Park and the Zoo, two different areas.  Our speech was very well received at the PACNY Environmental Conference.  If you would like to see the posts from the PACNY Conference visit PACNY's Linkedin page.

FEDTC's Booth at PACNY Conference

There are other things also happening at the beginning of the year.  For example, remember to post your Occupational Safety and Health Administration (OSHA) 300A if you have 10 or more employees, see last month's post for more information.  The 300A, which is the summation of injuries and illnesses your company had in 2023, should be posted from February 1st, 2024 to April 30, 2024.  Also, remember certain employers must electronically submit the OSHA 300A information directly to OSHA by March 2, 2024.

300a Must Be Posted & For Some Must be Submitted

On January 16, 2024, the OSHA maximum penalties for serious and other-than-serious violations increased from $15,625 per violation to $16,131 per violation.  The maximum penalty for willful or repeated violations also increased from $156,259 per violation to $161,323 per violation.  These increases happen every January 15th.  This year's increase was delayed because January 15th was a Federal holiday (Martin Luther King Day).

Looking Forward to EIA's Conference in San Diego & Visiting the Wildlife Park

It's That Time! Remember to Post Your 300A Form and Electronically Report Your 2023 OSHA 300A Data to OSHA Using a New Login Procedure.

Every year at this time the Occupational Safety and Health Administration (OSHA) requires employers with 10 or more employees to post the OSHA 300A form from February 1 to April 30th, 2024.  Each year certain employers must electronically submit the OSHA 300A information directly to OSHA by March 2, 2024.  If you remember, the 300A form summarizes the injury and illness information that was kept on the OSHA 300 log form.  In addition, remember COVID-19 is a recordable and reportable illness if confirmed, work-related, and led to a loss of workdays (see below for a further discussion).  It would be recorded as a respiratory illness on the OSHA 300 form.  Because this is an illness, if an employee voluntarily requests that his name not be entered on the log, the employer must comply as specified under 29 CFR 1904.29(b)(7)(vi) and list it as a privacy case. 

OSHA 300A Form - Posting/Reporting Form

If you need assistance in completing the OSHA 300A form we did a webinar together with Keevily Spero & Whitelaw on completing the OSHA 300 & 300A form.  You can find the webinar here or watch it below.   Remember covered employers are required to prepare and maintain records of serious occupational injuries and illnesses that occur at a workplace on the OSHA 300 log form.  At the end of the year, covered employers are required to tally the totals on each column and enter the totals on the OSHA 300A form.  The information should be used by employers to evaluate safety in the workplace and determine ways to eliminate or reduce hazards in the workplace.  OSHA's 300A form is required to be posted until April 30, 2024, and must be retained for 5 years.  During the retention period, you are required to update the log to add new information regarding the occupational injuries and illnesses recorded on it.  OSHA has a brief tutorial to help you complete the forms.  

A final rule was issued and went into effect on January 1, 2017, requiring certain employers to electronically submit injury and illness data to OSHA.  OSHA has provided an online secure website (click here for the website) for submitting this information.  Remember there is a new login procedure that became effective in October 2022.  The OSHA Injury Tracking Application (ITA) transitioned its login procedure to the public's one account access to government applications, Login.gov.  All current and new account holders must connect their ITA account to a Login.gov account with the same email address to access the application for the 2024 collection of Calendar Year 2023 Form 300A data.  You can watch the video on creating this account here.  You must submit this information by March 2, 2024, OSHA started collecting the information on January 2, 2024.  If you meet the following criteria you DO NOT have to electronically submit your 300A information to OSHA:

OSHA 300 Log Form

 

• The establishment's peak employment during the previous calendar year was 19 or fewer, regardless of the establishment's industry.
• The establishment's industry is on this list, regardless of the size of the establishment.
• The establishment had peak employment between 20 and 249 employees during the previous calendar year and the establishment's industry is not on this list.   Construction and remediation and other waste management services are both on this list, so if you are in those industries and meet the size requirements you must electronically report your OSHA 300A information.

SARS-CoV2

In addition, COVID-19 can be a reportable and a recordable illness if a worker is infected as a result of performing their work-related duties.  If your work-related confirmed COVID-19 case results in a hospitalization you must report it within 24 hours of exposure to COVID-19 at work or if it results in a fatality you must report it if it occurred within 30 days of exposure to COVID-19 at work (see OSHA coronavirus reporting for more information).  However, employers are only responsible for reporting or recording cases of COVID-19 if all of the following are true:

• The case is a confirmed case of COVID-19 (see Centers for Disease Control (CDC) information on persons under investigation and presumptive positive and laboratory-confirmed cases of COVID-19);
• The case is work-related (as defined by 29 CFR 1904.5); and 
• The case involves one or more of the general recording criteria set forth in 29 CFR 1904.7 (e.g., medical treatment beyond first aid, days away from work).

Employers should follow the OSHA guidance found in the Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19).

Related Articles:

• OSHA Recordkeeping Webinar To Discuss Posting Requirements For 300A Form & Filing It Electronically! (futureenv.blogspot.com)
• It's That Time Again! Did You Remember to POST Your OSHA 300A Form! (futureenv.blogspot.com)
• Have You Remembered To Post The OSHA 300A Form? (futureenv.blogspot.com)

Happy New Year!!!! Here's to Hoping Your Holidays Were Merry and The New Year Will Be Fabtastic!

Happy New Year!  Future Environment Designs, Inc. wishes that all of you had a Merry Holidays and will have a Happy New Year!  This year was a little of a roller coaster ride for us starting with some ups at the beginning of the year, some downs at the middle of the year, and then back to some ups at the end!  We like that we ended on a high note and it looks to continue into the new year.  With us entering our 36th year in business we continue to adjust our offerings to meet your training requirements.

Christmas Tree at Rockefeller Center

Starting in September 2024, individuals who have Site Safety Training (SST) cards that will expire in September of 2025 must take a refresher course to renew the SST cards (which expire after five years),  That refresher course consists of a 4-hour fall prevention course and 4-hour supported scaffold user course that we are bundling together and will be part of our regular schedule.  To read more about these training requirements for New York City construction workers read our blog post "Final Phase of New York City Training Requirements for Construction Workers Arrives on March 1, 2021".  We have teamed with All New York City Training to offer the SST refresher course and the SST initial course at our facility in Syosset or their facility in Ridgewood.  We are also working with them to start offering the Environmental Protection Agency's Lead Renovator, Remodeler, and Painting (RRP) Course at both facilities, too. 

Bergdorf Goodman Window Display

We continue to offer training throughout Long Island (we have a mold worker and remediation/supervisor initial course coming up in East Hampton), Plattsburgh, Rochester (we are planning a mold worker/remediation/supervisor/assessor in the future), Queens, and Manhattan.  In other words, we will provide training and our other services at your convenience anywhere your workers are located.  We look forward to meeting your training requirements!  May your new year be happy and we look forward to seeing you in 2024!

Saks Window Display

Save the Date for PACNY's 2024 Environmental Conference February 15-16, 2024!

The Professional Abatement Contractors of New York (PACNY) have announced the dates for next year's Annual Environmental Conference.  The Environmental Conference will be held on February 15th & 16th, 2024 at the Turning Stone Resort and Casino in Verona, New York.  We are looking forward to attending the premier conference for the New York asbestos abatement industry.

Dale Chihuly's sculpture "Tree of Peace"

This year we have been part of the Conference Committee and it has been working hard (as in past years) to make this conference better than last year!  The Keynote Speaker of the conference this year is:

Michael Rubin

OSHA Attorney at Ogletree

He is a shareholder and OSHA lawyer at Ogletree Deakins, a premier labor and employment defense firm with offices worldwide. He has over 20 years of experience and focuses his practice exclusively on handling OSHA matters nationwide in federal and state-plan jurisdictions. He has handled OSHA matters in over 30 states, including construction and environmental contractors. He is also a Certified Safety Professional (CSP), demonstrating his knowledge and commitment to occupational safety and health.

"My mission is to help employers protect their workers, their businesses, and their reputations from OSHA inspections, citations, and enforcement actions. I guide employers through the OSHA inspection process, from the opening conference to the closing conference, and assert their rights and interests at every stage. I also contest and litigate OSHA citations, including through trial, and develop and audit safety programs and policies. I counsel employers on risk-management strategies and best practices to ensure compliance and prevent accidents. I am passionate about delivering effective and efficient OSHA defense solutions to my clients and staying updated on the latest OSHA developments and trends."

The conference will start at 8:00 AM on Thursday, February 15, 2024, with multiple sessions by Industry Leaders.  The Vendor Happy Hour will run from 4:00 PM - 7:00 PM that same day.  Friday will be the Keynote Speaker, and the New York State Department of Labor Roundtable with a question and answer session with the regulators.  Ending the conference with a networking lunch.  Aramsco, Dival Safety, Lovell Safety Management Co., LLC, Lozier Environmental Consulting, Inc., and Paradigm Environmental Services are some of the sponsors of this year's conference, to join these sponsors click here.  As usual, Future Environment Designs will be one of the sponsors of the conference and will have a table in the Exhibit Hall.  Reserve your spot at the conference here.  We hope to see you there!

Visit us at our Booth in the Exhibit Hall

Celebrating the Next Milestone - Future Environment Designs Celebrates 35 Years.

This month we celebrate Future Environment Designs, Inc. being in business for 35 years.  We must say the last 5 years have been harder than the first 30 years.  Of course, it doesn't help that we're getting older and we had to deal with all the COVID training requirements, too.  We want to thank all of you who have helped us these past years by continuing to attend training with us.  We couldn't have survived without you.  We are honored that many of you enjoy our training by rating us at a 4.8 rating out of 5 with over 2,000 reviews on CourseCheck, thank you!  

Thank you for helping us stay in business for 35 years

We are really proud of some of the things we have done in the last five years.  Last year, we published the three Asbestos Air Sampling Charts (these three charts provide the requirements for Federal, New York State, and New York City air sampling requirements and can be purchased here) the research for that led us to write the blog post "The Reality of Asbestos Clearance Sampling! Are You Sampling Enough".  Working with Tom Laubenthal and Dana Brown on writing that blog post led us to write the article "You Can't Handle The Truth.....About Final Clearance Sampling" which was published in Healthy Indoors Magazines.  

Asbestos Air Sampling Charts

Since 2021, our Safety Suzy Newsletter has been written by Natasha Serafimovska of LaserCue, LLP.  She has taken a significant weight off our shoulders and has continued to keep our Safety Suzy Newsletter relevant to our client base.  In addition, she has written two blog posts "5 Benefits of Online Safety Training" and "Safety Training That Works: How FED Keeps Its Courses Fresh and Engaging" that have been well-received and have attracted significant interest in our courses.

Safety Suzy created by Alyssa Garcia

In 2022, we were elected to the board of the Professional Abatement Contractors of New York (PACNY).  We are honored and thank those who elected us to the Board.  We look forward to helping the organization achieve its goals.  Future Environment Designs will be sponsoring the 2024 Environmental Conference (as we usually do) that will be held on February 15 - 16, 2024.  So save the date, if you would like to sponsor the conference and/or reserve your place in the Exhibition Hall click here!

2023 PACNY Environmental Conference.

Last year, we worked with FermionX, Ltd. a United Kingdom (UK) electronics manufacturer of industrial product brands including the Airbox Sampling Pumps.  We were requested to review their product and determine if their product would be a good fit for the USA market.  Our working with them led to our blog post and the video "Two Guys Talking About Pumps".  This then led to FermionX, Ltd. taking a booth at the 2023 PACNY Environmental and the American Industrial Hygiene Association Conference.  In addition, two of our clients ended up with free pumps to test in the field.

We are looking forward to the next five years as we continue to serve the New York State region and the adjacent states by providing asbestos, mold, and Occupational Safety and Health Administration (OSHA) compliance training.  We will continue to offer in-person training on Long Island, Plattsburgh, Westchester, New York City, and Rochester, New York, and for those who can't make the in-person training, we will continue to offer virtual asbestos, mold, and OSHA compliance training courses.  Don't forget we also offer e-learning courses in asbestos awareness (complies with the Environmental Protection Agency's (EPA's) Asbestos Hazard Emergency Response Act (AHERA) and the OSHA Class IV training requirements), New York City Department of Environmental Protection (NYCDEP) exam prep courses, OSHA respirator user, OSHA silica, OSHA lead, and OSHA mold in construction courses, bloodborne pathogens, EPA AHERA designated person course and hazard communication with or without the New York State Right-to-Know supplement (NYS Public Employee Safety and Health (PESH) annual requirement).  To ensure you have everything you need for work we also provide quantitative respirator fit testing and respirator medical evaluations to ensure you can wear a respirator and make sure it fits you.  This will make you compliant with the OSHA respirator standard.  

Quantitative Respirator Fit Testing (QNFT) at Future Environment Designs, Inc.

So we hope to see all of you for the next five years to celebrate 40 years in business. As for me personally, our plan is to make it to the 50-year mark which will put us at 79 years old (wow that will be old).  That would be amazing for a person who thought he would not survive past 45 years old and the statistic that 50% of companies don't survive 5 years.  We hope to see all of you for the next 15 years as we try to achieve 50 years in business.  

Angelo Garcia, III training OSHA 10-Hour Construction Training Course