Different Regulations for Different States on Asbestos-Cement Pipe

One of our regular clients, during a class, provided us with a copy of the article linked to the title above. The title of the article is “End of the Line” by Kent Von Aspern, P.E. Public Works magazine published this article in March 2009. One of the first things we need to note about the article is that the author works in Northern California and we should not take this article as the requirements for every state. Each state may and can handle asbestos in their state differently. For example, the New York State Department of Labor under Industrial Code Rule 56 regulates asbestos cement or transite pipe. Under this regulation, only licensed companies (even a sewage or water district or Department of Public Works are required to be licensed to handle asbestos) can handle any quantity of asbestos containing material (ACM). In addition, only workers/employees certified by NYSDOL as operations and maintenance, handlers, or supervisors can handle ACM. The size projects handled by the workers would dictate which certificate the workers are required to have. NYSDOL does not stop at just licensing and certification requirements it also dictates the work procedures. Under the Guidance Document version 2.0, question 237 indicates the work procedures for cement/transite pipe. It indicates that abandoned asbestos containing cement/transite pipe cannot remain in the trench. According to ICR56 buried asbestos cement or transite pipe must be removed and disposed of in accordance with the Environmental Protection Agency’s (EPA) National Emission Standards for Hazardous Air Pollutants (NESHAPS) regulation as Category II nonfriable asbestos containing material and under New York State Department of Environmental Conservation’s (NYS DEC) asbestos waste regulations. Remember when you read information on the internet or in national magazines or industry publications it is difficult for one author to know all the requirements in each state. Many times the author is writing specifically of experiences they have in their state. That experience many times may not apply in a different state or states.

W. R. Grace acquitted in Libby, MT Asbestos Case

New York Times reported on May 9, 2009 the acquittal of W. R. Grace and three of its former executives on all charges that they had knowingly contaminated Libby, Montana a small mining town, with asbestos, and then conspired to cover up the deed.
In some of our classes we have watched the documentary film “Dust to Dust” directed by Michael Brown. The film told the story of the town’s experience with exposure to tremolite asbestos that contaminated the vermiculite mine which many of the town’s people worked at. The film documented the effects on the town, hundreds of miners, their family members, and townsfolk have died, and at least 1,200 have been sickened from exposure to the asbestos-containing ore. These health effects also threaten workers, their families, and residents everywhere the ore was shipped and people living in millions of homes nationwide where it was used as insulation. The W. R. Grace trial mentioned above was the result of the government’s investigation into the Libby, Montana situation.
Based on the New York Times article, it appears the government’s case was very difficult to prove and that several errors by federal prosecutors, during the trial, made it even more difficult. It really is a shame that the people of Libby, Montana will suffer from the effects of asbestos exposure and many of them will die from this exposure for many years to come, while it seems prosecutors are unable or incapable of providing justice for them.

OSHA Publishes Guidance Documents for Pandemic Influenza

The Occupational Safety and Health Administration (OSHA) have published five documents dealing with pandemic influenza. The documents are:

• “Healthcare Workplaces Classified as Very High or High Exposure Risk for Pandemic Influenza” – OSHA designed this fact sheet to assist healthcare workplaces and to protect these workers from exposure to pandemic influenza. Using the Occupational Risk Pyramid (at left) it defines who are very high or high risk and recommends engineering controls, administrative controls, work practices, and PPE to protect these workers.
• “What Employers Can Do to Protect Workers from Pandemic Influenza” – this fact sheet recommends engineering controls, administrative controls, work practices, and personal protective equipment (PPE).
• “Protect Yourself Pandemic Flu Respiratory Protection” – this quick card defines who needs a respirator based exposure risk, defines minimum level of protection as N95 respirator, states that surgical masks are not respirators, and OSHA requirements for a respiratory protection program.
• “How to Protect Yourself in the Workplace during a Pandemic” – this quick card lists suggested precautions and actions workers should take to reduce risk of becoming ill with pandemic influenza.
• “Respiratory Infection Control: Respirators Versus Surgical Masks” – this fact sheet defines the difference between respirators, such as filtering facepiece (used to be known as dust masks) and half mask respirators, and surgical masks, which are a physical barrier to protect users from hazards, such as splashes of large droplets of blood or body fluids. NIOSH certifies all respirators, including filtering facepieces, visit their website for recent warnings for respirator users (www.niosh.gov). NIOSH does not certify surgical masks to prevent inhalation of small airborne contaminants. Only surgical masks cleared by the Food and Drug Administration have been tested for their ability to resist blood and bodily fluids.

NYC Deadline Approaching Regarding OSHA Training Requirement

Starting July 1, 2009, all workers at major building projects in New York City are required to complete a 10-hour course in construction industry safety and health approved by the U.S. Occupational Safety and Health Administration. Local Law 41 of 2008 requires the site safety plans of major buildings must include a statement that all workers have completed this course.

H1N1 Flu

H1N1 (referred to as “swine flu” early on) is a new influenza virus causing illness in people. This new virus was first detected in people in the United States in April 2009. Other countries, including Mexico and Canada, have reported people sick with this new virus. This virus is spreading from person-to-person, probably in much the same way that regular seasonal influenza viruses spread. Click on the title and visit the CDC website to answer your questions regarding the H1N1 Flu.

Take these everyday steps to protect your health:

• Cover your nose and mouth with a tissue when you cough or sneeze. Throw the tissue in the trash after you use it.
• Wash your hands often with soap and water, especially after you cough or sneeze. Alcohol-based hand cleaners are also effective.
• Avoid touching your eyes, nose or mouth. Germs spread this way.
• Try to avoid close contact with sick people.
• Stay home if you are sick for 7 days after your symptoms begin or until you have been symptom-free for 24 hours, whichever is longer. This is to keep from infecting others and spreading the virus further.