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

   

The 2023 PACNY Fishing Derby - A Beautiful Day on the Lake But Where Are All The Fish?

On Wednesday, July 12, 2023, the Professional Abatement Contractors of New York (PACNY) held its 10th Annual Salmon Fishing PROAM tournament in Point Breeze, New York.  19 Boats were part of this year's tournament, one more than last year's tournament.  Unfortunately, Future Environment Design's boat this year was down two and only included Ms. Veronica Hansen-Garcia and Angelo Garcia, III but we were in the same boat as the previous year's "Catchin' Hell" piloted by Captain Tom Murray and First Mate Mike.

Sun coming up off Point Breeze

We would to send a great big "THANK YOU" to Darren Yehl of Cornerstone Training (CTI) and PACNY for organizing this event.  This event allows us to catch up with many of the PACNY members and see how the year is doing.  Here was this year's line-up of PACNY members and boats:

• Cornerstone - Sunrise II
• Cornerstone  - Legacy
• Lozier - Richmond II Salmon Doctor
• United Rentals - Tomahawk
• Paradigm Environmental - Shotgun
• Paradigm Environmental - Gone Costal
• Sessler Environmental Services - Intimidator 
• Republic - Double Trouble
• Republic - Troutman
• Future Environment Designs - Catchin’ Hell
• Expert Environmental - Get Hooked
• Abscope Environmental - Make the Turn
• DiVal - Rally Killer
• Aramsco - Mister 
• Aramsco- Lake Runner
• AAC Contracting - Bite Me
• First On-site - 3 Dogs
• Metro Environmental - Rusty Lure
• Cornerstone - Bait Master

Our catch was a bleeder.

A beautiful day on the lake it was actually a perfect temperature with a slight breeze.  This was the first time we took a nap while fishing which was only possible because we only caught one fish the whole time from 6 am to noon.  Though it seems we weren't the only ones.  Thank you again Darren Yehl for making our trip worthwhile by giving us the fish you and your team caught.   After the weigh-in, a catered buffet lunch was provided by the Black North Inn, delicious as always, and the trophies/prizes were awarded.  This year's winners were:  

First On-Site with Captain Jason Matthews of 3 Dogs Sportfishing

We enjoy our trip to Point Breeze every year, however, we have a little trepidation about next year.  The fishing was really bad this year and it looks like we will be missing Sheryl & Matt, again next year.  We will have to decide what Future will do next year.  The event next year will be Wednesday, July 10, 2024.  We hope to see you next year! 

 

Book Report: "World War C - Lessons from the COVID-19 Pandemic and How To Prepare for the Next One" by Sanjay Gupta, MD

As an industrial hygienist, we found this book a fascinating read.  So you can understand why we say "as an industrial hygienist" let's discuss what industrial hygiene is.  "Industrial Hygiene (IH) is a science and art devoted to the anticipation, recognition, evaluation, control, and confirmation of protection from those environmental factors or stresses arising in or from the workplace which may cause sickness, impaired health, and well-being, or significant discomfort among workers or among citizens of the community."  To learn more about IH click here.

 

Air Quality Sampling tools for the IH

Since the COVID-19 pandemic has been the most significant environmental factor of modern times it was interesting to read the number of meetings and the decisions made.  The book goes through discussions with many of the people making the decisions during COVID and was interesting how then Vice President Mike Pence understood the need to let the scientists do their job.  The section of the book covering how vaccinations work especially these newer mRNA vaccines and how they help the immune system repel invaders was informational and understandable.

Part 2 of the book, gives common sense recommendations for becoming pandemic-proof.  Becoming pandemic P.R.O.O.F. is actually an acronym for:

• P - Plan ahead.
• R - Rethink and rewire risk in your brain.
• O - Optimize health.
• O - Organize Family
• F - Fight for the future of us.  

Obviously, part 2 goes into each of these giving recommendations.  These recommendations came from the "hundreds of hours of the writer's conversations with experts from all disciplines of our society."  Some of these recommendations are for our country but others are recommendations many of us could put into place for ourselves.   One of our favorite chapters was the chapter on "Rethink and Rewire Risk in Your Brain."  Obviously, at the beginning of this pandemic, very few of us had the knowledge of how to evaluate the risk involved.  But now we do.  The section specifically on avoiding traps was very interesting because of how many of us have these traps and how many friends and clients when discussing COVID had these traps.

If you're into reading readable scientific books we recommend reading this one.

PACNY's 26th Annual Environmental Conference - On the Second Day Size Does Matter and NYSDOL's Response to Questions Upsets the Room! - Part Two

The second day of the Professional Abatement Contractors of New York's (PACNY's) 26th Annual Environmental Conference continued at Turning Stone Resort & Casino in Verona, New York with two presenters, the New York State Department of Labor Question and Answer (Q&A) Session, and the vendors in the Mohawk Room.

Mr. Craig Kaputa, the President of PACNY "State of the Union"

Two changes to the typical program were the moving of the keynote speaker to Friday (usually on Thursday) just before the NYSDOL Q&A session.  The other change was a PACNY State of the Union presentation by Craig Kaputa, the President of PACNY.  Both of these changes provided the participants with reasons to wake up early on Friday and hence many participants attended the two sessions where previously many participants slept in until the NYSDOL Q&A session.  

President's Award winner Mr. Russell Vent

Mr. Kaputa's presentation included the awarding of the President's Award to Russell Vent and the Lifetime Achievement Award to Kevin Cannan, of ACC Contracting.  Both are hard-working individuals that have done a lot to help PACNY currently and historically! 

Lifetime Achievement Award to Kevin Cannan

The keynote speaker was Lee Poye, Vice President Emeritus Eurofins Built Environment, discussing "Asbestos in Human Tissue and the Environment - Does Size Matter?"  His presentation provided plenty of evidence for using an air sampling method (Transmission Electron Microscopy (TEM)) that would analyze fibers that are less than and equal to 5 microns in length, less than and equal to 0.25 microns in diameter, and aspect ratios less than or equal to 35:1.  Much of his presentation discussed what type of asbestos fibers were found in diseased human lung tissue.  The conclusion of Mr. Poye's presentation is that size does matter.

Lee Poye - Size Does Matter

After the last break with the Vendors in the Mohawk Room.  The conference continued with a pared-down New York State Department of Labor (NYSDOL) Panel.  The attendees included Matthew Robinson-Loffler, the Deputy Director of NYSDOL, Kirk Fisher, Asbestos Control Bureau, and Edward Smith, PE Engineering Services Unit.  Mr. Robinson-Loffler informed everyone that soon individuals will be able to apply for their mold and asbestos certificates and licenses online.  In fact, at the writing of this blog post, this service is now available for mold licenses and certificates at https://dol.ny.gov/mpwr.  To read more about it: click here.  

Mr. Robinson-Loffler discussing online licenses & certifications

However, the biggest shock was the response to two questions one regarding soft/controlled demolition and the other regarding contamination assessments/incidental disturbances.  The first question was if there are building materials that don't contain asbestos that can be demoed with non-asbestos contractors.  This demo would not disturb the asbestos-containing materials behind these building materials.  The answer was that demo cannot be done until all asbestos-containing materials are removed.  The second question was based on an asbestos inspector and contractor being issued a violation for not including the surfaces to be cleaned as part of the quantities to be notified.  The response was that the area to be cleaned is the notifiable quantity, not the incidental disturbance quantity.  This seemed to get the whole room agitated and proceeded to involve several more questions on this topic.  Mr. Kirk Fisher attempted to answer these questions but his answers only seemed to make matters worse.  It is interesting that this last issue was covered by Mr. James Meachum, PE, the former NYSDOL Asbestos Control Bureau head, Angelo Garcia, III, of Future Environment Designs (FEDTC), and Mr. Bart Gallagher, of Enviroscience Consultants, Inc. on the proficiency day of PACNY's 24th Annual Environmental Conference in March 2020.  

Dan Crothers, AirBox, Veronica & Angelo Garcia, III, Matthew Desch, & Sheryl Esposito (FEDTC team)

As usual, the conference ended with a networking lunch. where we got to sit with our colleagues and discuss what has gone on over the last few days.  It's interesting to see the changing of the guard to a younger generation and we wish them luck and good fortune moving forward.  We are looking forward to seeing everyone next year!