Future Environment Designs Training Center specializes in asbestos, indoor air quality, industrial hygiene, and occupational safety training programs. We offer New York State asbestos and mold certification courses. We design, develop, and maintain the various indoor air quality, asbestos, and safety programs that are Keeping Your Employees Safe.
The third day of the Professional Abatement Contractors of New York's (PACNY's) 23rd Annual Environmental Conference at Turning Stone Resort & Casino in Verona, New York, is typically called Regulatory Day because of the New York State Department of Labor attending and discussing the status of the programs they run. This year's conference was the most attended conference with over 600 attendees, attending the three-day conference. Ms. Deb Sanscrainte, of Aramsco, and the chairman of the conference, and Ms. Lisa Brown, of Summit Environmental, administrator of PACNY did what has become their routine process of getting the conference together (the most successful ever!), keeping everyone on point, focused on the conference, and the presentations. Peter DeLucia and Greg Mance of AAC Contracting worked the audiovisual equipment as pros, even though this was there the first conference working the audiovisuals. They have also made sure that they have gotten most of the presentations up on the PACNY website, click here. Usually, the day after the vendor reception, the next morning starts out very slowly. With vendors and attendees enjoying coffee, tea, and danishes in the vendor area.
Vendor Reception
The conference opened with a discussion of the hazards of lead-based paint by Mr. Kevin Hutton of Rochester Colonial Manufacturing. Followed by Mr. Stephen Gheen, P.E. of Gheen Engineering speaking on New York State Department of Education (NYSED) rules regarding hazards of lead-based paint and the Environmental Protection Agency (EPA) has different certifications and licenses for working in schools on lead-based paint. Then Mr. Peter DeLucia of AAC Contracting spoke on the Occupational Safety and Health Administration (OSHA) regulations regarding lead exposure. All three then took questions and answers from the audience regarding lead-based paint. All three presentations can be found on PACNY's website.
Lead Panel Discussion - Stephen Gheen, Kevin Hutton, & Pete DeLucia
After a short break, the conference proceeded with the New York State Department of Labor (NYSDOL) panel consisting of Dr. Eileen Franko, the Director; Mr. James Meacham Program Manager, Asbestos Control Bureau; Mr. Kirk Fisher, Program Manager, Licensing & Certification; and Mr. Ed Smith, Program Manager, Engineering Services Unit. Questions and answers session was moderated by Mr. Tim Thomas of Tetra Tech Engineering.
Questions for the Lead Panel
Mr. Meacham filled us in that NYSDOL received another 3-year grant (runs through to 2021) to audit school's compliance with the EPA's Asbestos Hazard Emergency Response Act (AHERA). To date, NYSDOL has audited 115 schools throughout the state. Dr. Franko re-emphasized as she does every year that Article 32 the mold law is a consumer protection law and there are limitations in the law. Mr. Fisher informed us that the online notification systems are not working they want and because of staffing issues licenses and certifications are taking 30 days to 6 weeks to process. Mr. Smith informed us that they will start working on the fast track variances, again. Fast Track Variances are a pilot program for certain site-specific variances (SSV). These are common variances that are issued on a regular basis. They are planning 9 variances to be available at the start of the program - negative air shutdown, exhausting to an interior space, elevator door removal, fire door removal, crawlspace with dirt floor, intact component removal, buried cementitious (e.g., Transite) pipe, HEPA drilling spot removal, & air sampling at elevated exhaust duct locations. These would be the guidelines for getting a fast track variance:
A completed SH-752 form must be submitted. The form must include all the necessary information for obtaining a variance, including the hardship. NO information about the work plan should be included with the application.
The SH-752 form must be submitted by a certified Project Designer working on behalf of the Petitioner.
The variance fee of $350 must be included.
In Section 9 of the SH-752 form, the Petitioner's Agent must write in the number of the FTV that is requested.
The FTV will be issued as it is written. If some part of the FTV doesn't meet the project's needs, then a standard SSV is required.
Other relief cannot be added to the FTV.
No re-openings or amendments are allowed.
Termination date extension requests will be handled on a case-by-case basis,
These FTVs have no bearing on notification times.
During the questions and answers, several questions were asked related to the expiration date of training by NYSDOL versus the expiration date of AHERA. With NYSDOL's view that this is only an issue for the initial class and that student as long as they comply with the annual training requirement related to the birth month, this is not an issue. We also learned that NYSDOL has suspended the disruptive enforcement/reconciliation of records process they developed back in 2013 in response to a Thomas DiNapoli audit saying NYSDOL had no process to find those breaking the law for notification, surveys, etc. According to NYSDOL, they do not have the staffing to handle this at this time.
Mr. Thomas introducing the NYSDOL panel Dr. Franko, Mr. Smith, Mr. Fisher, Mr. Meacham
The conference ended with lunch and Future Environment Designs was proud to be one of the sponsors of the conference. Though it ended with NYSDOL indicating they are having staffing issues that are obviously impacting licensing, certification, and enforcement. It was good to hear that NYSDOL is moving forward with the fast track variances. As usual, we are already looking forward to next year's conference which will be February 26, 27, & 28, 2020. See you there!
The second day of the Professional Abatement Contractors of New York's (PACNY's) 23rd Annual Environmental Conference at Turning Stone Resort & Casino in Verona, New York, started in the Vendor Exhibit Hall with the realization that there were quite a few new vendors on display. To be exact 5 additional vendors added to the usual 23 vendors the conference usually has. To provide access to the presentations PACNY has loaded most of the presentations from the three-day conference at their website, click here.
Video of the Vendor Exhibit Hall at Turning Stone Casino
Opening remarks & conference welcome were done by Chairman Deb Sanscrainte of Aramsco, and PACNY President Joseph Cantone, of Colden Corporation. The first presenter for the second day was Sue Rossi, CHMM the Sr. Industrial Account Manager of Waste Management, her topic was "Asbestos and other special wastes". Her presentation informed us that New York State in 1988 had 227 landfills and now there are only 26 active landfills, many closed due to tougher environmental regulations. Her presentation also informed us that NYS requires landfills to treat non-friable asbestos-containing materials (ACM) that are placed into an asbestos labeled waste bag (class 9 bags) as friable. Even if they are put into class 9 bags that were turned inside out. If the bag rips open at the landfill, the landfill will back charge the contractor for the additional fee for disposal as a friable instead of the nonfriable charge. Ms. Rossi also discussed that Waste Management's High Acres Landfill can accept polychlorinated biphenyls (PCBs) bulk product (e.g., caulk, paint, mastics, sealants) waste. The approval checklist and backup information for the handling of PCB bulk product wastes and a copy of her presentation can be found here.
Sue Rossi, CHMM of Waste Management speaking about Friable ACM waste
Our next presenter was Timothy W. Pullis, ARM, Construction Practice Leader of Brown & Brown of NY, Inc., discussing "Workers' Compensation EMR Fundamentals". Mr. Pullis discussed a drugfree workplace credit of 5% (worth 5 points); experience mod was explained as a formula that calculates the ratio of "expected" losses compared to "actual" losses, the experience mod is a statistical comparison of risks using the same job class codes and similar payroll, and the result adjusts the annual workers compensation premium based on the prior loss experience by "modifying" the manual premium; and EMRs over one (1) could exempt people from certain contracts. Our presenter before coffee break was Adam Schrader, President of Ecospect and George Schambach, President of NYS American Association of Radon Scientist and Technologist (AARST) Professional Home Inspection Service discussing "Current Radon Legislation in NYS, and current national American National Standards Institute (ANSI)/AARST Standards for testing and mitigation in all building types". Mr. Schambach discussed pending NYS legislation Assembly Bill #A8605 and Senate Bill #S6851 to amend the real property law, in relation to radon service professional licensing. Radon service professionals would include - radon measurement professional defined as radon service professional who deploys and retrieves radon detectors and provides a report of the associated measurement results that are generated by a radon analytical laboratory and radon mitigation professional defined as a radon service professional who interprets radon test results and determines the most effective way to manage radon concentrations within buildings.
Corey Briggs of Colden Corporation - Freeze Framed!
After taking our break in the Vendor Exhibit Hall, Kevin Canaan, of AAC Contracting, started the presentations by awarding Joseph D. Lane, President of Environmental Protection Services, PACNY's Lifetime Achievement Award for his many years of service above and beyond normal PACNY duties. Corey W. Briggs, MSPH, CIH, CET, FAIHA, Senior Consultant of Colden Corporation, led a presentation titled "Freeze Frame - Focus on H&S" that was entertaining for the many pictures of unsafe acts. Next up was Brian Sampson, of the Associated Builders and Contractors Association, discussing "Trends and Issues of Concern for the Construction Community". His discussion touched on the legalization of recreational marijuana and the extension of prevailing wage to private work.
Mike Rubin of Goldberg Segalla - Proactively Establish Your Defenses
After lunch and the Vendor Exhibit Hall Mike Rubin Esq., Partner at Goldberg Segalla, discussed "Occupational Safety and Health Administration (OSHA) Top Ten Tips - Minimize and Eliminate Exposure". Mr. Rubin's presentation touched on the employer's rights during an OSHA inspection, creating an OSHA response plan, asserting your rights during an inspection, and points necessary for a proactive defense. After another visit to the Vendor Exhibit Hall, Mike Waller, PhD, of Rochester Regional Health, spoke on "Sustainability/Solutions and How to Balance". Dr. Waller started his presentation with "how do you define sustainability." His definition was thought-provoking "development that meets the needs of the current generation without compromising the needs of future generations" or in other words "Solving today's challenges without creating future problems". The presentations ended with Rob DeMalo, Member of the Board of Directors of the Environmental Information Association (EIA) and Senior Vice President of EMSL Analytical, Inc, presentation on "Toxic Substance Control Act (TSCA) Regulatory Update". Discussing the Significant New Use Rule (SNUR) proposal from the Environmental Protection Agency (EPA).
Vendor Reception - Food and an Open Bar
After the presentations, the Vendor Reception was held in Vendor Exhibit Hall including food and an open bar. The vendor reception included the usual suspects Aramsco, DiVal, Frederico Demolition,Healthy Indoors, and Future Environment Designs, click here for a full list of Sponsors/Vendors. One of the interesting new vendors was Sundstrom displaying new respirators for asbestos and silica and Red Roof Inn with a special discount for conference attendees. The second day is called Professional Day and all the presentations definitely met the definition of professional with a lot of valuable information provided and may takeaways. Stay tuned for the final day Regulatory Day!
This year's Proficiency Day of the Professional Abatement Contractors of New York's (PACNY's) 23rd Annual Environmental Conference was approved to award three (3) professional development hours (PDH) for architects and engineers. This was the first time the first day of the conference was recognized for this purpose. The first day is typically short with two or three presenters allowing us to get the presentations to the Practicing Institute of Engineers for their review. Attendees had to sign the attendance sheet and attend the presentations to receive the 3 PDHs. Ms. Lisa Brown, Executive Secretary of PACNY sent out the certificates to those that attended the presentations.
Karen Cummings, MPH presenting on the Asbestos Safety Training Program
Starting the conference and the proficiency day was Ms. Karen Cummings, MPH presenting on the Asbestos Safety Training Program "Overview and Updates". Her presentation gave us insights into the asbestos training industry. For a copy of her presentation visit our Dropbox folder on the Resources page of our website. Ms. Cummings has been the Director of the New York State Department of Health's Asbestos Safety Training Program for just over a year and has been getting to know the program. Her presentation gave asbestos training providers, an important opportunity to meet with her and her staff (Ms. Jessica Pierce, reviewer of training submittals, and Ms. Ida Berry, many of us have met her when she has audited our training courses, were both in attendance). Her department in 2018 regulated 62 training providers that provided 26,251 training certificates. Her presentation included several graphics providing us with a glimpse of the NYS asbestos training industry. The high water mark for training was 2000 when approximately 3,838 training classes (refreshers and initials total) were held (in 2018, 3,401 training classes were held). Ms. Cummings also informed us that the high water mark for training certificates was 2013 with 29,130 certificates issued. We learned that the busy season for training providers runs from January to April with over a third of all classes being held in that time period. Some other interesting points from Ms. Cumming's presentation: 15% of providers (training providers holding 100+ classes per year) taught over half the classes and issued two-thirds of the certificates; average exam scores by discipline were typically higher for refresher classes than initial classes (not surprising) except for the air sample technician discipline (surprising).
Angelo Garcia, III, CIEC, CEOP, presenting on Asbestos Inspections & NYCDEP Changes
The next presentation was a "Review of Asbestos Inspection Requirements" presented by Mr. Angelo Garcia, III, CIEC, CEOP, of Future Environment Designs with significant assistance from Mr. Peter Delucia and Mr. Greg Mance, both from AAC Contracting. Mr. Delucia worked on the content and did the polling of the audience, while Mr. Mance assisted with the content and questions to the audience. Our group effort paid off with a well-received presentation that provided the audience with interactivity and information on the various requirements for performing asbestos inspections. This presentation can also be found in the Dropbox folder.
The final presentation was "New York City Title 15 Amendments" also presented by Mr. Angelo Garcia, III, CIEC, CEOP, and again this presentation can be found in the Dropbox folder. This presentation was on the recent changes to the New York City Department of Environmental Protection's (NYC DEP's) Title 15 Asbestos Regulation (formerly known as Local Law 76). These changes were made because of the arrest of 17 NYC asbestos investigators (see the above video on the press conference on the arrests) and the recommendations of the New York City Department of Investigations (NYC DOI). These changes included additional requirements for NYC Asbestos Investigators and some changes to other parts of the asbestos regulations. See our previous blog post on these new requirements.
Overall it was a good start to the three-day conference. Of course, what is a PACNY conference without snow? It was snowing by the end of the presentations. Though it did not seem to deter people from attending the President's Reception that evening or prevent us from getting the Gotham at the TS Steakhouse. Stay tuned for Days Two & Three!
It's that time again! If you haven't registered to attend the Professional Abatement Contractors of New York's (PACNY's) 23rd Annual Environmental Conference, its time to do so (It is only 21 days away, from this posting). The Conference will be held on February 27, 28, and March 1, 2019, at the Turning Stone Casino & Resort in Verona, NY. This three-day conference, as usual, will include the Wednesday Proficiency Day with the PACNY President's Reception, the Thursday Technical Sessions with the Vendor Hall, and the Vendor Cocktail Party, and completing Friday with the Regulatory Session including a panel from New York State Department of Labor and lunch. Registration and sponsorship information can be found here.
It all begins on Wednesday, February 27, 2019, at 12:30 PM with a presentation from Ms. Karen Cummings, M.P.H., New York State Department of Health's (NYSDOH's) Director of the Asbestos Safety Training Program. Her presentation will update us on the status of asbestos training in NYS. Along with some failings of training providers. It will continue with presentations from Pete Delucia & Gregg Mance, both of AAC Contracting and myself, Angelo Garcia, III, of Future Environment Designs (#FEDTC), discussing asbestos inspection requirements, and polling of the audience to make this presentation interactive. Finishing the session will be a presentation of the amendments to the New York City Department of Environmental Protection (NYDEP's) Title 15 Asbestos Regulations (NYCDEP has been invited to present by teleconference). We have also submitted the information regarding this day of the conference to the Practicing Institute of Engineering (PIE) for the purpose of being able to award three (3) Professional Development Hours (PDH) to the attendees. The President's Reception is later that evening.
The second day will include presentations by Ms. Sue Rossi, of Waste Management, discussing "Waste Management NY Landfills with acceptance of waste streams"; Adam Schrader of Ecospect with George Schanbach, of NYS AARST, discussing Radon and DOH Regulations Update"; Brian Sampson, of Unshackle Upstate, discussing Albany 2019 What You Need to Know and How it Will Impact Your Business"; Mike Rubin Esq., Partner at Goldberg Segalla, discussing "Best Practices for Abatement Contractors"; Mike Waller, of Rochester Regional Health, discussing "Sustainability?solutions and How to Balance"; and a representative of EIA discussing the "TSCA Update". The vendor reception/networking will follow the presentations on Thursday.
NYSDOL Panel 2018
The final day will be Friday morning with a Lead (Pb) panel discussion followed by the NYSDOL panel discussion. Friday ends with lunch and few stragglers discussing the week in review.
Sheryl Esposito Will Be Back at the FEDTC booth this year!
#FEDTC will have a booth, again, this year and Ms. Sheryl Esposito will be womaning the booth. We will also have the book I wrote "Do As I Say, Not As I Did! What I've Learned After 30-Years of Being in Business." available at the booth. You can follow the conference on Twitter, Facebook, & Linked-In by searching for the #FEDTCPACNY. We are looking forward to teaming with Peter and Greg to do our presentation on Wednesday and hope all of you will join us!
New York City Department of Environmental Protection (NYCDEP) is requesting public comments on a Notice of Mold Remediation Work. A public hearing is being held on Wednesday, February 6, 2019, at 11:00 AM in the NYCDEP's 8th-floor conference room at 59-17 Junction Boulevard, Flushing, New York 11373. The public comment period closes Wednesday, February 6, 2019.
Mold Growth in Corridor
Local Law Number 61 of 2018 (also known as Intro 978-D) amended the Administrative Code by adding a new Section 24-154, which provides that, before the performance of mold remediation work in certain buildings, the New York State-licensed mold remediation contractor must file a notice of mold remediation with NYCDEP no later than two business days before the project start date. Section 24-154(c)(3)(b) further provides that notice may be filed within 24 hours after the project starts, instead of at least two days before, if the mold condition to be remediated poses an immediate risk of harm to any person or damage to property. The purpose of the above public comment period is to establish a rule when such risk of harm exists. In other words what the exception for two-day notification would be. NYCDEP is proposing that projects that have at least 30 square feet or more of visible mold within one room or excessive water accumulation or flooding exists could notify NYCDEP 24 hours after the project starts with appropriate documentation that the condition exists.
Mold Abatement/Remediation/Assessment Course for Article 32 Licensing
Local Law 61 of 2018 went into effect on January 1, 2019. The law requires licensing pursuant with New York State Department of Labor's Article 32 "Licensing of Mold Inspection, Assessment, and Remediations Specialists and Minimum Work Standards Law" to assess, remediate, and abate for mold incidents larger than 10 square feet. The bill applies to residential buildings containing 10 or more units or commercial buildings larger than 25,000 square feet. This law prohibits the owners or their direct employees from performing mold remediation or assessment work, which Article 32 allows. Under this law, the person holding a mold assessment license must file with the NYCDEP a mold remediation form and work plan as well as a mold post assessment form and a mold certification form. These forms are located at NYCDEP's Air Pollution website under Mold Remediation and Assessment. It appears it will be an electronic submission and consists of a 6-page form for the mold remediation plan and a 4-page form for the mold post-assessment.
The Occupational Safety and Health Administration (OSHA) annually publishes the top ten most frequently cited OSHA standards violated in the previous fiscal year. OSHA has published the stats for the fiscal year (FY) 2018 (which runs from October 1, 2017, to September 30, 2018). Here is the list of most frequently cited OSHA standards:
Fall Protection, construction (1926.501)
Hazard Communication Standard, general industry (1910.1200)
Scaffolding, general requirements, construction (1926.451)
Respiratory Protection (1910.134)
Control of Hazardous Energy (lockout/tagout), general industry (1910.147)
Ladders, construction (1926.1053)
Powered Industrial Trucks, general industry (1910.178)
Fall Protection - training requirements, construction (1926.503)
Machinery & Machine Guarding, general requirements, general industry (1910.212)
Eye and Face Protection (1926.102)
OSHA performed a total of 32,020 inspections in FY 2018. In 2017, there were 971 fatalities in the construction industry which were 20.7% of total private industry fatalities. The fatal four (falls, struck by, electrocution, & caught-in/between) were responsible for 59.9% of construction worker deaths in 2017.
The top 10 violations in the Remediation Servies Industry (which includes asbestos abatement, lead abatement, crime scene cleanups, oil spill cleanup, mold remediation, and hazardous materials remediation companies) were:
Asbestos (1926.1101)
Respiratory Protection (1910.134)
Lead (1926.62)
Hazard Communication (1910.1200)
Permit-required Confined Spaces (1910.146)
Inorganic arsenic (1910.1018)
Duty to have Fall Protection (1926.501)
Electronic Submission of Injury and Illness Records to OSHA (1904.41)
Scaffolding, general requirements (1926.451)
Ladders (1926.1053)
Interesting how the top four violations in the remediation industry should be the industry's specialty.
Since the silica standard has been in effect since September 23, 2017, we looked to see how many citations were issued in FY 2018. OSHA performed 202 inspections in reference to the silica standard (1926.1153) and issued 556 citations for total penalties of $815,426. The top 10 industries cited were:
Masonry Contractors
Poured Concrete Foundation and Structure Contractors
Commercial & Institutional Building Construction
Water & Sewer Line & Related Structures Construction
Highway, Street, & Bridge Construction
Site Preparation Contractors
Residential Building Contractors
Flooring Contractors
All Other Specialty Trade Contractors
Siding Contractors
As you can see OSHA is still performing inspections and still issuing citations. Though silica standard is fairly new OSHA conducted almost triple the inspections than it did regarding asbestos. However, OSHA's focus is definitely on falls, struck by, electrocutions, and caught-in/between.
We wish all of you who read our blog and attend our classes a Merry Holidays and a Happy New Year! We hope your 2019 is better than your 2018 and may it be healthy, prosperous, and joyful!
Rockefeller Center Christmas Tree
2019 will bring some changes to Future Environment Designs Training Center (#FEDTC). The first change is to continue to grow our online training by providing training tokens to our clients who attend our asbestos & mold courses. This added value to our current courses continues to distinguish us from our competitors. So we can add training courses our clients/students would be interested in, we are asking our attendees for suggestions for classes we can develop into online training courses. In addition, we are strongly considering becoming a New York State Education facility (we hope to have the financing for this undertaking within 2-3 weeks of the New Year). This would allow us to offer the New York City training courses and provide the Site Safety Training cards. It would also require us to expand the number of training instructors we use. This will be a major undertaking and as many of you who know me, will take tremendous courage on my part to overcome my fears related to trusting others with my business. 2019 is already starting on a good beginning with several courses almost fully booked in the first quarter.
Bergdorf Goodman Window
No sooner than the New Year of 2019 rings in, New York City will be going through several changes. The asbestos amendments to Title 15 will go into effect January 6, 2019, and the Indoor Allergen Rule goes into effect on January 16, 2019. In New York State before the New Year hits (December 31) the minimum wage will go up. In addition, don't forget to save the date for the Professional Abatement Contractors of New York's (PACNY) 23rd Annual Environmental Conference on February 27-28 & March 1, 2019, at Turning Stone Resort & Casino in Verona, New York. We will be your host for the February 27th, the proficiency day, where we will be discussing asbestos inspections/survey among other things. We hope to see you there! Again, we wish you a Merry Holidays & a Happy New Year!
