OSHA Violations Indicate Enforcement of Asbestos Standard

The Occupational Safety and Health Administration (OSHA) recently cited two hospital construction sites for violations related to the asbestos construction standard. The closest site in Rochester, New York involved Gordon-Smith Contracting that was cited for 3 alleged willful and 7 serious violations of the asbestos and respiratory standards and faces a total of $99,925 in proposed fines.

Gordon-Smith employees were required to remove ceiling tiles and other materials that were embedded in or adjacent to asbestos containing fireproofing without proper safeguards. The willful citations, accounting for $87,000, were for not using wet methods or wetting agents to control asbestos exposures, employees not supplied with approved respirators,and the workers had not been trained in asbestos removal. The seven serious citations were issued to Gordon-Smith for not ensuring each employee wore the appropriate respiratory, hand, and head protection; not immediately mending or replacing ripped or torn protective work suits; no written respirator program, and not informing employees of the results of asbestos monitoring.

The second hospital site was in Mescalero, New Mexico involving Maloy Construction, a general construction company, and Deerfield Corp., a plumbing and construction company. OSHA cited Maloy Construction with one alleged willful and 4 alleged serious violations totalling $75,600 in proposed fines. The willful violation was for failing to assure that Deerfield, the subcontractor, was in compliance with OSHA's asbestos standard. The serious violations include failing to inform other employees in the area of the asbestos work, assessing the exposure, and designating and containing the asbestos materials.

OSHA cited Deerfield with 3 alleged willful and nine alleged serious violations accounting for $81,900 in proposed fines. The willful violations were failing to regulate the asbestos area, assess the initial exposure, and provide protective equipment. The serious violations included failing to launder contaminated clothing, train employees on asbestos removal, label containers for waste, and provide a competent person to properly supervise the work area.

These citations show what OSHA focuses on when coming to an asbestos abatement project. Asbestos contractors and consultants should make sure they have a written respiratory protection program with an appropriately trained administrator; an initial exposure assessment; and a means for ensuring employees are informed of the asbestos monitoring results. While general contractors or construction managers must ensure that their subcontractors are in compliance with the OSHA asbestos standard.

Mayor Bloomberg Announces Changes To NYCDEP's Asbestos Enforcement

On July 16, 2008 Mayor Bloomberg announced changes that will impact how New York City Department of Environmental Potection (DEP), Department of Buildings (DOB), and Fire Department (FDNY) handle and coordinate construction, demolition, & abatement operations. Due to the death of two firefighters at the fire at 130 Liberty Street, New York City did a review of agency operations. That review resulted in a report called "Strengthening the Safety, Oversight, and Coordination of Construction, Demolition, and Abatement Operations." This report made 33 specific recommendations designed to strengthen each agencies' inspection practices, increase notifications and data sharing between agencies and improve the safety of abatement and demolition operations. Of the 33 recommendations, 4 addressed inspection processes, 12 adressed abatement operations, and 1 addressed demolition inspections at the DEP. The recommendations for the NYCDEP are:

Inspection Processes at DEP, DOB & FDNY:

• DOB, FDNY, and DEP should review their inspection criteria and make changes to ensure that, to the extent possible, inspections are prioritized on the basis of risk.
• DOB, FDNY, and DEP should create common safety protocols incorporating high-priority safety issues within the inspection capacity of all three agencies, and should cross-train inspectors to address these common safety issues.
• DOB, FDNY, and DEP should implement a system to share relevant results of inspections of buildings that meet agreed-upon criteria. As part of this effort, FDNY should develop a computer-based process to share inspection data internally and with DOB and DEP.
• DOB, FDNY, and DEP should review their inspection programs to ensure that they have sufficiently robust quality assurance controls in place.

Abatement Operations:

• DEP should regularly notify FDNY and DOB about large and/or complex abatement jobs that meet thresholds to be determined by DEP, FDNY, and DOB.
• DEP should establish a permit requirement for certain large and/or complex abatement jobs based on thresholds to be determined by DEP, DOB, and FDNY.
• DEP should require building owners and/or air monitors on abatement jobs to notify DEP when abatement work at a particular site is complete.
• DEP should promulgate clear guidance to contractors about how to maintain proper egress at abatement sites and enforce this requirement in the field.
• DEP should require that egress conditions be recorded daily in the abatement contractor's logbook and kept on site.
• DEP should require that all materials used in construction of temporary enclosures for abatement work be non-combustible or flame-resistant.
• DEP should require the installation of a central negative air "cut-off switch" or similar mechanism at abatement jobs that meet thresholds to be established by DEP, FDNY, DOB.
• DEP should develop written protocols, such as checklist or other guidance, to ensure that its inspections are comprehensive and consistent at all abatement jobs.
• DEP inspectors should be trained to inspect and address egress and other safety requirements at abatement sites.
• DEP should have the authority to enforce provisions of the Fire and Building Codes at abatement sites, including issuing Notices of Violation and other penalties.
• DOB should make permanent its capacity to have inspectors and other personnel respond to abatement sites-based on criteria to be established by DOB, DEP, and FDNY-to augment DEP and FDNY inspections at a particular site. DOB inspectors and other responders must have proper training and personal protective equipment to do this job.
• DEP should formally establish a policy that strictly limits simultaneous abatement and demolition work, and requires a variance-including review by DOB and FDNY-to undertake it.

Demolition Inspections:

• DOB, DEP, and FDNY should update their websites and publications to provide comprehensive and coordinated guidance about the construction, demolition and abatement processes, including how to file for and conduct these operations safely, and the regulatory schemes that are triggered by these operations.

OSHA Announces Proactive Measures to Reduce NYC Construction Fatalities

The Occupational Safety and Health Administration (OSHA) announced on June 23, 2008 proactive measures to combat the recent high fatality rate in New York City. OSHA is temporarily assigning a dozen additional compliance officers to conduct proactive inspections of high-rise construction sites, cranes, and other places where fatalities and serious accidents have been occurring. Ongoing inspections will also continue based on existing local emphasis programs or as a result of complaints, referrals or accidents.

Since May, 2008, OSHA has also been sending copies of violation citations issued to employers on city construction sites to the employer's insurance or worker's compensation carriers, and to construction project owners and developers in order to raise awareness of occupational hazards found on city jobsites. Citations involving training violations at union sites will be sent to the unions representing the workers and to their training funds.

FUTURE ENVIRONMENT DESIGNS SPONSORS SINGING IN THE SANCTUARY FOR THE THEODORE ROOSEVELT SANCTUARY & AUDUBON CENTER

Future Environment Designs announced today that they are a key sponsor of “Singing in the Sanctuary” being held Saturday, July 26, 2008 from 1:00 PM to 4:00 PM at the Theodore Roosevelt Sanctuary & Audubon Center at 134 Cove Road, Oyster Bay, New York.
“Singing in the Sanctuary” will connect people to nature through the songs and puppetry of locally-grown and internationally known singer/songwriter Janice Buckner. Ms. Buckner will perform from 2:00-3:00pm and will showcase kid-friendly environmentally themed songs and puppetry. Combining music and puppetry, Ms. Bruckner educates and entertains with children’s lyrics that carry a tune and environmental message. Throughout the day from 1:00-4:00pm, Sanctuary staff and volunteers will display live-animals where you can get up close and personal with some of the resident non-releasable wildlife. Sanctuary staff and volunteers will also have many crafts, displays, kid’s activities, raffles through the day.
Future Environment Designs, visit there website at www.futureenv.com, is a 20-year-old indoor air quality, industrial hygiene, and construction safety training and consulting firm based in Syosset, NY. Future Environment Designs works with clients to solve indoor air quality issues (mold, asbestos, lead, and heating, ventilation, and air conditioning problems) and train workers on construction safety issues (asbestos, lead, respiratory protection, OSHA 10 hour construction safety, etc.). Angelo Garcia, III Principal – Industrial Hygienist for Future Environment Designs, read his blog at http://futureenv.blogspot.com, says it is part of our mission to support events like “Singing in the Sanctuary” and organizations such as the Theodore Roosevelt Sanctuary & Audubon Center to help families become more familiar with the natural world around them.
The Sanctuary was established in 1923 in memory of the Conservation President, Theodore Roosevelt. Considered the oldest songbird sanctuary in the nation, the Sanctuary has 15-acres of upland forest and open meadow habitat maintained for songbird conservation and environmental education.
The goal of the Theodore Roosevelt Sanctuary & Audubon Center is to provide high-quality effective environmental education programs to all audiences. Using hands-on, experiential, and inquiry-based methods, program participants will develop a deeper understanding and consideration for our natural world, gain a sense of stewardship for their local environment, and become informed decision-makers for the future. Highly qualified educators conduct nature programs at the Sanctuary or at a site of your choice. The Sanctuary uses live non-releasable wildlife; natural areas, artifacts and an exciting assortment of activities to help people discover the natural world.

220-H Requirements Posted

New York State Department of Labor (NYSDOL) has issued the requirements for statue 220-H compliance (see the link above). Statue 220-H requires that every worker working on public work of $250,000 or more shall have taken the ten hour Occupational Safety and Health Administration (OSHA) construction safety training course. NYSDOL will enforce this statue by requiring all contractors and subcontractors to submit copies of the OSHA ten hour card or training roster with the first certified payroll submitted to the contracting agency and on each succeeding payroll where any new or additional employee is first listed. This should clarify who needs to take the OSHA ten hour course. All workers who will be listed on the certified payroll have to take the OSHA ten hour course.

We have several courses on the schedule. We also can set-up a class At Your Convenience with 4 or more workers, so give us a call.

Abatement Lessons Learned From Deutsche Bank Tragedy

On August 18, 2007, a fire at the former Deutsche Bank Headquarters located in Manhattan, New York claimed the lives of two New York City firefighters. After the fire, the Occupational Safety and Health Administration (OSHA) inspected the site and issued citations to Bovis Lend Lease, John Galt Corp., and Paradise Energy Electrical Contractors. These contractors were responsible or involved with the demolition and asbestos abatement work on the buildings. Bovis Lend Lease was being fined $193,000, John Galt Corp. was being fined $271,500, and Paradise Energy Electrical was being fined $6,250. OSHA found the following hazards at the worksite:

• Failing to inspect and maintain firefighting equipment to ensure that the standpipe system was operational and that sufficient water supply and presuure were available for firefighting
• Obstructed emergency exit access (including sealed emergency stairwells, emergency stairwells blocked by construction, and unlighted stairwells)
• Inadequate emergency escape procedures
• Unmarked exits
• Lack of fire extinguishers, emergency alarm procedures, and fire cutoffs
• Failing to develop and follow a fire protection program
• Smoking permitted in work areas
• Temporary structures inside the building made of combustible materials
• Scaffolds erected too close to power lines
• Unprotected sides and edges of work areas, unprotected floor openings, missing or broken guardrails, and missing stair rails
• Exposed live electrical parts, electrical panel boards in wet locations, and other electrical hazards.

Several of these items are reminders for abatement contractors and consultants, building owners, facility managers, general contractors, and project management firms. There are several OSHA regulations that apply to asbestos abatement, other than 1926.1101, and they require:

• That temporary structures, such as the decontamination facility, must be constructed of non-combustible materials such as fire retardant wood.
• Exists must be marked and alternate exits established. For example, using fluorscent paint to mark exits and designate alternate pathways.
• Construct blocked fire exits so workers could still use them. For example installing knives near the exists so workers can cut the poly, and construct kick-out panels to access the fire exits.
• Install a fire extinguisher (rated at least 2A) per 3000 square feet of protected building area. Install sufficient fire extinguishers so that the distance traveled shall not exceed 100 feet. At least one fire extinguisher shall be located adjacent to the stairway.
• Develop and follow a fire protection program that includes: the preferred method for reporting fires and other emergencies; evacuation policy and procedures; emergency escape procedures and route assignments, such as floor plans, workplace maps, and safe or refuge areas; names, titles, departments, and telephone number of individuals both within and outside your company to contact for additional information or explanation of duties or responsibilities under the emergency plan; procedures for employees who remain to perform or shut down critical operations, operate fire extinguishers, or perform other essential services that cannot be shutdown for every emergency alarm before evacuating; and rescue and medical duties for any workers designated to perform them.

New York State Department of Labor mentioned at the PACNY conference that there might be some changes in the future based on the information gathered from this tragedy. From OSHA's press release we can learn some of these lessons now and apply them to our current projects. Should you need any assistance with developing these programs or plans, you can contact us, and we can assist you.

PCBs In Caulk Making Headlines

Prompted by the Daily News, NYS Education Department tested several city schools for Polychlorinated Biphenyls (PCBs) in caulk and found six of the nine schools tested positive. However, only one of the schools tested positive for PCBs in the air. As we learned at the Professional Abatement Contractors of New York (PACNY) meeting a few months ago, the NYS Education Department was already requiring new projects impacting window caulk in buildings built between 1950 and 1977 to evaluate the caulk and submit a remediation plan for addressing the caulk (http://www.emsc.nysed.gov/facplan/HealthSafety/PCBinCaulkProtocol-070615.html).

According to the Agency for Toxic Substances & Disease Registry (ATSDR), PCBs may reasonably be expected, and probably can cause cancer of the liver or biliary tract. The Environmental Protection Agency (EPA) classifies PCBs as a Group B2 Probable Human Carcinogen and International Agency for Research on Cancer (IARC) classifies PCBs as a Group 2A, probably carcinogenic to humans. Some animal studies showed that animals that ate small amounts of PCBs in food over several weeks or months developed health effects such as: anemia; acne-like skin conditions; and liver, stomach, and thyroid gland injuries. Human studies, in particular women who were exposed to relatively high levels of PCBs in the workplace or ate large amounts of fish contaminated with PCBs, showed these women had babies that weighed slightly less than babies from women who did not have these exposures. The studies also showed babies born to women who ate PCB-contaminated fish had abnormal responses in tests of infant behavior. According to ATSDR, some of these behaviors, such as problems with motor skills and a decrease in short-term memory, lasted for several years. Other studies suggest that the immune system was affected in children born to and nursed by mothers exposed to increased levels of PCBs. There are no reports of structural birth defects caused by exposure to PCBs or of health effects of PCBs in older children. If you wanted to know if you were exposed to PCBs there are blood tests that can be done. However, everyone has some level of PCBs in their body due to environmental exposure.

There are several websites to get information on this issue which is starting to be recognized by schools, government, and the public. EPA's website has a section on PCBs in caulk: http://www.epa.gov/pcb/pubs/caulk.htm#content. Dr. Daniel Lefkowitz was one of the presenters at the PACNY conference and his website would like to see mandatory testing of caulk in schools is: http://www.pcbinschools.org/. Dr. Daniel Lefkowitz found PCB in the caulk at the school his children went to.

EPA's Region 2 is recommending that samples taken of caulk or soil that will be analyzed for PCBs should use a Soxhlet extraction method (an example of this would be EPA method 3540C) using toluene as a solvent. The extraction should then be purified with concentrated sulfuric acid (similar to EPA method 3665A) and purified with florosil (similar to EPA method 3620B). The purified extraction would then be analyzed by gas chromatography with an electron capture detector (similar to EPA method 8082). The results are to be reported in total PCBs in parts per million (ppm). If the results exceed 50 ppm then those materials are regulated.

If you determine you have PCBs in the caulk or soil you should contact EPA's Region 2 coordinator Mr. Jim Hattler (732-906-6817). Mr. Hattler is willing to assist facility owners in developing a plan on the handling of any materials determined to contain PCBs. He has emphasized that these materials may not need to be removed, but would like to ensure that any clean-ups address all materials containing PCBs (caulk, soil, or its migration into other building materials). EPA is currently in an assistance mode on this matter and is currently developing a guidance document to assist facility owners. EPA's website includes a specific section on PCBs (http://www.epa.gov/pcb/).

Remember when taking samples of PCBs you have to protect yourself from both inhalation and dermal exposures. The OSHA Permisible Exposure Limit (PEL) for PCBs is based on chlorodiphenyl 42% or 52 % chlorine (Table Z-1 http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9992). The PEL for chlorodiphenyl (42% chlorine) is 1 milligram per cubic meter or chlorodiphenyl (54% chlorine) is 0.5 milligram per cubic meter. Analysis methods for personal air samples are NIOSH 5503 or OSHA PV2088. OSHA recommends that you wear rubber gloves that will not absorb PCBs and consider using goggles or a face shield (if using a full mask air purifying respirator (APR) the goggles or face shield are not needed) and a rubber apron. Avoid personal contamination by not touching your face while wearing gloves. If you get PCBs in your eyes, irrigate your eyes immediately. If you get PCBs on your skin, wash the skin wth soap and water immediately. The recommended respiratory protection would be a full mask APR utilizing a duo cartridge with protection for organic vapors and having P100 filters. For more information on chlorodiphenyl (54% chlorine) you can visit the National Institute for Occupational Safety and Health (NIOSH) Pocket Guide to Chemical Hazards (http://www.cdc.gov/niosh/npg/npgd0126.html).