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| Chrysotile Asbestos display at Thetford Mines Mineralogical & Mining Mueseum |
Wednesday, January 30, 2013
Future Environment Designs Has Published Its 2013 Future Focus Newsletter
Future Environment Designs has published our 2013 newsletter "Future Focus". As usual the current newsletter will be part of our manuals and handed out in our classes. If you don't want to wait until you take a class with us, you can find our newsletter at our website at: http://futureenvironmentdesigns.com/newsletter.html.
In our current newsletter, the lead article is about "Asbestos In Current Building Materials". We discuss how material safety data sheets (MSDS) and the new safety data sheets (SDS) cannot be used to determine if current building materials contain asbestos, especially when discussing foreign building materials. We hope this newsletter acts as a warning to asbestos inspectors, facility directors, building managers, architects/engineers, and building owners, etc. in determining whether current and new building materials have asbestos.
Monday, January 21, 2013
NYSDOL Responds To Call To Waive Fees
Several months ago, we called on Governor Mario Cuomo and the New York State Department of Labor to waive asbestos notification fees in response to the burden these fees created in response to Super Storm Sandy. We received a response to our call. Needless to say the response was not positive. Visit our website at http://futureenvironmentdesigns.com/news.html to see the response letter.
We are disappointed with the response and we feel Governor Cuomo and the NYSDOL, both should recognize the damage being done by this negative response. Asbestos removals are going on without notification and without licensed contractors and trained workers. In addition, only Suffolk County is determining if their are any asbestos problems, along with mold and lead (as reported in Newsday). While Nassau County is ignoring the asbestos issue. Its very sad to see the same issues that occurred during previous storms/hurricanes continue to be issues.
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| Sandy downed tree took out car |
We are disappointed with the response and we feel Governor Cuomo and the NYSDOL, both should recognize the damage being done by this negative response. Asbestos removals are going on without notification and without licensed contractors and trained workers. In addition, only Suffolk County is determining if their are any asbestos problems, along with mold and lead (as reported in Newsday). While Nassau County is ignoring the asbestos issue. Its very sad to see the same issues that occurred during previous storms/hurricanes continue to be issues.
Monday, January 14, 2013
What Out-of-State Employers with Employees Working in New York State Need to Know.
We received a recent newsletter from Dan Borgna at the Dale Group. The newsletter discussed the Workers Compensation/Disability requirements for out-of-state contractors. We found it very interesting with permission from Mr. Borgna of the Dale Group (Thank you for allowing us to reprint it) here is the newsletter post:
As part of the 2007 Workers' Compensation Reform Legislation, all out-of-state employers with at least one employee working in New York State will be required to carry a full statutory New York State workers' compensation insurance policy. The workers' compensation insurance policy must be effective no later than the first day you have employees working in NY State.
Misconception - "I have all states coverage listed in section 3.c of my home state workers compensation policy".
Reality- As part of the reform, having "all states" in section 3.c is no longer valid. "NY" must be specifically listed in section 3.a of the workers compensation declarations page or endorsement.
Penalties - Failure to maintain this coverage can result in the following:
If you have one or more employees for 30 days in a calendar year, you are required to obtain NYS disability benefits insurance coverage. Such insurance must be effective no later than four weeks after the 30th day you have employees.
Penalties under the Disability Benefits Law
http://www.wcb.ny.gov/content/main/forms/oc923.pdf
If you have no office location in New York, but have employees on
site in NY, this article is important to your business.
WORKERS COMPENSATION INSURANCE REQUIREMENTS
New York State workers' compensation insurance covers employees
for work-related accidents, injuries or illness. As part of the 2007 Workers' Compensation Reform Legislation, all out-of-state employers with at least one employee working in New York State will be required to carry a full statutory New York State workers' compensation insurance policy. The workers' compensation insurance policy must be effective no later than the first day you have employees working in NY State.
Misconception - "I have all states coverage listed in section 3.c of my home state workers compensation policy".
Reality- As part of the reform, having "all states" in section 3.c is no longer valid. "NY" must be specifically listed in section 3.a of the workers compensation declarations page or endorsement.
Penalties - Failure to maintain this coverage can result in the following:
1. Failure to carry Workers' Compensation
Insurance for more than 5 employees within a twelve month period is a class E
felony and is punishable by a fine not less than $5,000 nor more than $50,000.
2. For 5 or less employees within a twelve
month period, it is a misdemeanor punishable by a fine not less than $1,000 nor
more than $5,000.
3. Subsequent convictions within a 5 year
period shall constitute a class D felony and fines not less than $10,000 nor
more than $50,000.
4. Any employer who fails to maintain a
workers' compensation policy when it is required or owes a fine or assessment
to the Board may be issued a stop-work order, meaning the business must shut
down all activity until the order is lifted.
5. A penalty in the sum of $2,000 for each
ten-day period of non-compliance or a sum not in excess of two times the cost
of compensation for the period of such failure may be imposed
DISABILITY BENEFITS INSURANCE REQUIREMENTS
NY State statutory disability benefits (DB) insurance coverage is
totally different from and is not included in NYS workers' compensation
insurance coverage. Statutory NY State disability benefits insurance covers
employees for off-the-job accident, injury or illness. If you have one or more employees for 30 days in a calendar year, you are required to obtain NYS disability benefits insurance coverage. Such insurance must be effective no later than four weeks after the 30th day you have employees.
Penalties under the Disability Benefits Law
1. Failure to carry Disability Benefits
Insurance is a misdemeanor punishable by a fine of not less than $100 nor more
than $500 or imprisonment for not more than one year, or both, with increased
monetary penalties for second and third or subsequent violations, and
2. Where an employee of a non-insured
employer is disabled due to an off-the-job injury or illness, the noninsured
employer will be responsible for payment of the amount of benefits to which the
employee is entitled or for payment of 1% of his/her payroll for the period of
non-compliance, whichever is greater. And
3. Where an employer fails to carry
Disability Benefits Insurance, the Chair will impose a penalty not in excess of
½ of 1% of the employer's weekly payroll for the period of non-compliance and a
further amount not in excess of $500
Employees traveling through the State not stopping for deliveries,
pick-ups, or other work are not deemed to have worked a day here. An employer
that has reason to know that it will meet these criteria in the current year,
even if it has not done so in the prior year, must obtain the required
coverage.
For a complete description of the Form and Regulation, please
visit the following link at the New York State Workers Compensation Board.http://www.wcb.ny.gov/content/main/forms/oc923.pdf
If you are concerned that your company may not be compliant,
please contact Dan Borgna at Dale Group (973)437-9664 or danb@dalegroup.com who
will be happy to discuss the matter with you.
Monday, December 31, 2012
Happy New Year - 2013
Future Environment Designs would like to wish everyone a Happy New Year! May it be a healthy, safe, and prosperous one, for all of us. It is usually a tradition for companies and people to make resolutions for the new year. At Future Environment Designs we resolve to honor our clients who have supported us for what will be 25 years in business in 2013. To start meeting that resolution, we proudly announce our referral program.
Future Environment Design's Referral Program - we set this up to honor those clients who have referred training and indoor air quality/OSHA compliance consulting work to us. Any client who refers training and/or indoor air quality/OSHA compliance consulting work to us will receive a 5% discount on their training/indoor air quality/OSHA compliance consulting work. This would be in addition to any other discounts given. So a client who has attended training with us before would be discounted 15% for loyalty and 5% for referring work to us, for a total discount of 20% off. Future Environment Designs relies on word-of-mouth to maintain our level of revenue. We feel this is a way to reward our clients who typically refer work to us and spread the word about our company.
Happy New Year!
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| Happy 2013 - May it be Healthy, Prosperous, & Safe! |
Future Environment Design's Referral Program - we set this up to honor those clients who have referred training and indoor air quality/OSHA compliance consulting work to us. Any client who refers training and/or indoor air quality/OSHA compliance consulting work to us will receive a 5% discount on their training/indoor air quality/OSHA compliance consulting work. This would be in addition to any other discounts given. So a client who has attended training with us before would be discounted 15% for loyalty and 5% for referring work to us, for a total discount of 20% off. Future Environment Designs relies on word-of-mouth to maintain our level of revenue. We feel this is a way to reward our clients who typically refer work to us and spread the word about our company.
Happy New Year!
Tuesday, December 25, 2012
Merry Holidays!
We at Future Environment Designs would like to wish all of our clients, suppliers, and their family and friends a very Merry Holiday season. We thank you for making this year a special year and look forward to serving and working with you in the future!
This is the message of Christmas:
We are never alone. - Taylor Caldwell
This is the message of Christmas:
We are never alone. - Taylor Caldwell
Monday, December 10, 2012
Sandy Relief - Eliminate Asbestos Notification Fees
Superstorm Sandy has caused some significant damage to asbestos containing materials, that were otherwise in good condition. This hardship of having to addresss asbestos before renovation, restoration, or repair work is done, can be a significant burden. Leading owners to short cut the regulations and hire unqualified/unlicensed workers and companies to handle the asbestos putting themselves and the workers performing the work at risk.
It is important to remember that in New York State, all quantities of asbestos disturbance are regulated for both residential and commercial. Workers must be certified to perform asbestos work and the companies they work for must be licensed. As of December 10, 2012, there are 856 licensed contractors in New York State. One of the things we found interesting in searching for contractors is what we found regarding ServPro & Servicemaster. As you may have seen ServPro's television commercial discussing being able to handle emergency cleanups, well it is interesting that ServPro does not come up on New York State list of licensed asbestos contractors. This means the only way ServPro could handle this work is to partner with a licensed asbestos contractor. They cannot do the work themselves. Regarding Servicemaster, they come up on the New York State list of assbestos contractors, however, it is only the Buffalo branch that is licensed. So only the Buffalo branch can work with asbestos containing materials. Long Island Servicemasters cannot do the work themselves, they too must partner with a licensed asbestos contractor.
To ensure residential work is done by qualified/licensed contractors the New York State Department of Labor should follow Suffolk County's or other towns, and villages lead in waiving fees involved with notifying these projects. The cost involved with notifications range from $200 to $4000. These fees would be better put to use by the owners of the properties to cleanup the damaged materials by licensed/qualified contractors. To ensure this happens, we need to get this information/request out to Governor Cuomo and our local State Senators & State Assemblypersons. Be safe and take care!
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| Water Damaged Asbestos Pipe Insulation |
To ensure residential work is done by qualified/licensed contractors the New York State Department of Labor should follow Suffolk County's or other towns, and villages lead in waiving fees involved with notifying these projects. The cost involved with notifications range from $200 to $4000. These fees would be better put to use by the owners of the properties to cleanup the damaged materials by licensed/qualified contractors. To ensure this happens, we need to get this information/request out to Governor Cuomo and our local State Senators & State Assemblypersons. Be safe and take care!
Thursday, November 29, 2012
Super Storm Sandy Cleanups, Educate Yourself!
Hope everyone survived Sandy, the Nor'easter, and Thanksgiving! Since Sandy we've been getting a lot of phone calls on handling all the different issues related to the super storm. Questions regarding mold, asbestos, lead, and the use of biocides. In order to assist with providing information on these issues their are several videos we have worked with IAQTV and Cochrane & Associates to provide some basic information on these issues. The most recent video is based on what it takes to dry out an area based on the type of water that has infiltrated the area. See our video "Dry Out Hazards Following a Flood or Water Incursion" at: http://www.youtube.com/watch?v=64u9RNPKbtI&feature=em-uploademail
After super storm Sandy building materials were probably disturbed and may have become damaged requiring removal or replacing. Anytime you are dealing with building materials, you are probably going to have to deal with asbestos and/or lead. Asbestos was typically used as an insulator, however, the material can also be found in floor tiles & mastics, plaster-on-lathe, ceiling tiles, siding shingles, window caulking, & roofing shingles (remember asbestos is not banned and can be found in certain new building materials). For more information about asbestos threats in the home, see our video "Asbestos Threats in the Home" at: http://www.prlog.org/10943541-asbestos-threats-in-the-home-revealed-in-new-video.html. In New York State workers and companies that disturb or handle asbestos are required to be certified and licensed. In addition, projects that disturb/handle asbestos in quantities greater than 10 square feet and/or 25 linear feet require asbestos air/project monitoring to determine if the project has been completed properly. This air/project monitoring firm and individuals must also be licensed and certified and are required to be completely independent of the contractor (must be hired by the owner of the facility/residence) handling/disturbing the asbestos.
Lead was usually used in paint and also in window caulking. For more information about lead in the home, see our video "Lead Hazards in the Home" at: http://www.youtube.com/watch?v=z5UnRr0tj88. The Environmental Protection Agency (EPA) under the Renovation, Repair, and Painting Rules (RRP) requires renovation, remodeling, and painting contractors must be certified in lead paint work procedures. Visit EPA's website regarding how this rule applies for post-disaster renovations: http://epa.gov/lead/rrp/emergency.html .
With significant water infiltration on the shore areas, if these areas were allowed to stay damp for longer than 48-hours, then mold had the opportunity to grow. The extent of mold growth and type of mold would be based on the type of water (black, grey, or white) and the amount of water. To learn more about mold see our video "Health Effects of Mold Exposure" at: http://www.youtube.com/watch?v=DbKoonHwvHM For those who have had sewage water (known as black water) infiltration into their residence/facility should see our video "Sewage Contamination Dangers" at: http://www.youtube.com/watch?v=V4XORptvcX8. When looking for contractors to handle mold, unlike asbestos and lead there is no federal, state or local licensing. However, you should make sure the contractor you hire has workers who are industry certified in mold remediation from the American Council for Accredited Certifications (ACAC). Find the ACAC and those certified individuals at: http://acac.org/.
When it comes to biocides it is very important to be cautious, when using bleach or other stronger biocides. Biocides (meaning kills life) are designed to kill and must be registered (licensed) with EPA under the Federal Insecticide, Fungicide, Rodenticide Act (FIFRA). The label is the law for these products. Meaning the chemical must be used in accordance with the label. The label must list all the limitations and where the product is allowed to be used. For information about biocides visit EPA's website on FIFRA at: http://www.epa.gov/lawsregs/laws/fifra.html and visit the following website for registered disinfectants: http://www.epa.gov/oppad001/chemregindex.htm Remember EPA does NOT recommend the use of biocides for mold cleanups, visit EPA's website regarding using bleach for mold cleanups at http://iaq.supportportal.com/link/portal/23002/23007/Article/20290/Should-I-use-bleach-to-clean-up-mold . See EPA's website and the EPA manual "A Brief Guide to Mold, Moisture, and Your Home" at: http://www.epa.gov/mold/moldguide.html.
To quote a Long Island retailer, "An educated consumer is our best customer.". In the case of environmental hazards it is the same. Educate yourself on the hazards and you can better avoid hazards, unnecessary expenses & services, and headaches. Please be safe and take care!
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| Superstorm Sandy Uprooted/Broke Many Trees Causing Severe Power Outages |
Lead was usually used in paint and also in window caulking. For more information about lead in the home, see our video "Lead Hazards in the Home" at: http://www.youtube.com/watch?v=z5UnRr0tj88. The Environmental Protection Agency (EPA) under the Renovation, Repair, and Painting Rules (RRP) requires renovation, remodeling, and painting contractors must be certified in lead paint work procedures. Visit EPA's website regarding how this rule applies for post-disaster renovations: http://epa.gov/lead/rrp/emergency.html .
With significant water infiltration on the shore areas, if these areas were allowed to stay damp for longer than 48-hours, then mold had the opportunity to grow. The extent of mold growth and type of mold would be based on the type of water (black, grey, or white) and the amount of water. To learn more about mold see our video "Health Effects of Mold Exposure" at: http://www.youtube.com/watch?v=DbKoonHwvHM For those who have had sewage water (known as black water) infiltration into their residence/facility should see our video "Sewage Contamination Dangers" at: http://www.youtube.com/watch?v=V4XORptvcX8. When looking for contractors to handle mold, unlike asbestos and lead there is no federal, state or local licensing. However, you should make sure the contractor you hire has workers who are industry certified in mold remediation from the American Council for Accredited Certifications (ACAC). Find the ACAC and those certified individuals at: http://acac.org/.
When it comes to biocides it is very important to be cautious, when using bleach or other stronger biocides. Biocides (meaning kills life) are designed to kill and must be registered (licensed) with EPA under the Federal Insecticide, Fungicide, Rodenticide Act (FIFRA). The label is the law for these products. Meaning the chemical must be used in accordance with the label. The label must list all the limitations and where the product is allowed to be used. For information about biocides visit EPA's website on FIFRA at: http://www.epa.gov/lawsregs/laws/fifra.html and visit the following website for registered disinfectants: http://www.epa.gov/oppad001/chemregindex.htm Remember EPA does NOT recommend the use of biocides for mold cleanups, visit EPA's website regarding using bleach for mold cleanups at http://iaq.supportportal.com/link/portal/23002/23007/Article/20290/Should-I-use-bleach-to-clean-up-mold . See EPA's website and the EPA manual "A Brief Guide to Mold, Moisture, and Your Home" at: http://www.epa.gov/mold/moldguide.html.
To quote a Long Island retailer, "An educated consumer is our best customer.". In the case of environmental hazards it is the same. Educate yourself on the hazards and you can better avoid hazards, unnecessary expenses & services, and headaches. Please be safe and take care!
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