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Monday, April 16, 2007

VAT Article from our 2007 Spring Newsletter.


A study published in the 2003 issue of “Applied Occupational and Environmental Hygiene” magazine titled “Asbestos Release During Removal of Resilient Floor Covering Materials” by Marion Glenn Williams, Jr. and Robert N. Crossman, Jr. of the University of Texas Health Center indicated that worker's exposure to asbestos during vinyl asbestos floor tile (VAT) removal may be under reported. Because we work in New York (NYS), we are very familiar with the limitations of polarized light microscopy (PLM) analysis on VATs or for that matter on any nonfriable organically bound (NOB) material. Under NYS Environmental Laboratory Accreditation Program (ELAP) requirements materials that are considered NOBs must go through a multiple step process for analysis. This process ends with analysis by Transmission Electron Microscopy (TEM) for samples that are negative for asbestos. This method is required for VATs because the type of asbestos typically used was Grade 7 asbestos known as Shorts & Floats. Grade 7 asbestos is no longer sold and was the cheapest asbestos material sold. The dimensions of this grade of asbestos was ultra-fine. With fiber dimensions approaching the less than 5 micron range. This study was done to determine if there was fiber release at the less than 5 micron level that was not being analyzed by the Phase Contrast Microscopy (PCM). PCM is used for air sample analysis and only analyzes greater than 5 micron fibers with a 3:1 or greater length to width ratio. The study found the following issues:

  • When removing a non-asbestos sheet vinyl flooring with an asbestos felt backing the PCM method only reported 5-7% of the fibers counted by the TEM method.

  • When removing an asbestos containing 12x12 VAT with asbestos containing mastic the PCM method only reported 2-2.5% of the fibers counted by TEM.

  • When removing an asbestos 9x9 VAT with an asbestos mastic the PCM method reported 0-2.5% of the fibers counted by TEM.

  • When removing mastic using a mastic remover (TEM levels were between 1.319-1.749 structures/cubic centimeter (s/cc)) versus amended water (TEM levels were between 0.094-0.184 s/cc).

This study shows that air sample results are significantly underreported using the PCM method of analysis. When performing VAT removals asbestos air monitors and project monitors should be using TEM analysis for clearance (at the very least) and they should be running a few TEM samples during the actual removal of the VATs. These would give us a better understanding of what is happening during VAT removals and ensure that the asbestos abatement was thoroughly completed.

Friday, April 13, 2007

9/11 Workers Compensation Deadline Approaching

To preserve the right to file a 9/11-related worker's compensation claim, you must register by August 14, 2007. Registering will allow you to make a claim no matter when a 9/11-related condition occurs. Considering that many of the contaminants that people were exposed to (such as asbestos) have long latency periods (the period of time from exposure to the occurrence of the disease) it is important to register to protect your rights (asbestos diseases can take anywhere from 10-40 years to develop). By registering before August 14, 2007 you can protect your right to free healthcare if you develop a 9/11 related illness. There is no residency or citizenship requirement to register with the New York Worker's Compensation Board. The New York Committee for Occupational Safety and Health has established a hotline (24-hour toll-free hotline is 1-866-WTC-2556) and a website (http://www.nycosh.org/911info) to promote registration

Thursday, April 12, 2007

Words From The Field


Here in New York State, Industrial Code Rule 56 went into effect on September 5, 2006. New York State has had the opportunity to enforce this regulation for 7 months now. From what we are hearing from the field, NYS DOL inspectors have not been enforcing most of the new parts of the regulation. The inspectors have not looked for the survey report to be at the project site, they have not looked at the footage requirement of the decons, HEPA exhaust units, and/or licensing requirements for the allied trades title. They are looking for the manometer, and the supervisor's logbook. We are also hearing that NYC DEP is using a new enforcement tactic for dry removals. If a contractor is given a dry removal violation by NYC DEP, NYC DEP is referring the information to EPA and EPA is investigating the project for violations and possible criminal charges (see previous posts regarding press releases regarding EPA and Dept. of Justice indictments). So be careful out there, if the local agencies don't get you, the Federal enforcement people might. If the Feds catch you, that can involve not only fines but jail time.

Wednesday, April 11, 2007

New Indictments Handed-Out in Plattsburgh Area


On March 29, 2007, the US Department of Justice handed out indictments to John Wood, Mark Desnoyers, and Curtis Collins for numerous illegal activities related to the removal of asbestos in commercial and public buildings and private homes. Wood operated an asbestos abatement company called J&W Construction. Collins worked for Wood, and later started his own company called Adirondack Asbestos. Desnoyers operated Adirondack Environmental Associates an air monitoring company.

The indictments allege that Wood and Collins performed illegal asbestos removals throughout central and upstate New York, while Desnoyers falsified many laboratory samples in order to convince clients that all asbestos was properly removed from their businesses and homes when gross contamination remained.

If convicted Wood faces a maximum possible term of incarceration of 63 years and a fine of $2,500,000; Collins faces a maximum possible term of incarceration of 10 years and a fine of $500,000; and Desnoyers faces a maximum possible term of incarceration of 25 years and a fine of $1,250,000.

Wednesday, January 03, 2007

Welcome and Happy New Year



The last month or two of 2006 was determined to be as busy as the summer was slow. But we are very thankful for all the training and consulting that came through the door. My family and I went into Manhattan to see the Christmas Tree and ate dinner at our favorite restaurant Nicola Paeone's (photo of the lobby) which is located at 207 East 34th Street Between 3rd & Lexington. We always look forward to eating dinner here and like usual this Italian restaurant did not disappoint us. I always get a veal dish because Nicola Paeone's makes the best veal in NYC. We also usually go to see FAO Schwartz, a remenant from the days when we did the asbestos consulting for the building. As usual NYC is very beautiful for the holidays between the Christmas Tree at Rockerfeller Center, the Windows on Fifth Avenue, and red and green lights on the Empire State Building, it is one of the best times to go and see the City. Hope your Holidays were peaceful and merry and may your New Year be a great one!

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

It's that time of year again. We're between conferences.  February 15-16, 2024 was the Professional Abatement Contractors of New Yor...