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Thursday, March 22, 2012

OSHA Quicktakes Announces HAZCOMM Standard Revision

The March 22, 2012 (Volume 11, Issue 7) of the Occupational Safety and Health Administration's (OSHA) "QuickTakes" anounced "OSHA Aligns HazardCommunication Standard with the United Nations' Globally Harmonized System ofClassification and Labeling of Chemicals."  This announcement has been awaited by the environmental, industrial hygiene, and safety industry for some time now.  The QuickTakes discusses the March 20 press teleconference hosted by Secretary of Labor Hilda Solis joined by Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels announcing the final rule updating OSHA's Hazard Communication Standard.


Globally Harmonized System of Classification a...
Globally Harmonized System of Classification and Labelling of Chemicals (GHS) pictogram for corrosive substances (Photo credit: Wikipedia)
The purpose of the revision is to align the standard with the United Nations' Globally Harmonized System of Classification and Labeling of Chemicals.  The standard should better protect workers and help American businesses compete in a global economy.
Assistant Secretary Michaels explained that OSHA's revised Hazard Communication standard (HCS), which will be fully implemented in 2016, benefits workers by reducing confusion in the workplace, facilitating safety training, and improving understandings of hazards, especially for low-wage and limited-literacy workers. The harmonized standard will classify chemicals according to their health and physical hazards, and establish consistent labels and safety data sheets (SDS) for all chemicals made in the United States or imported from abroad.  For more information, listen to an audio-recording of the press conference and see the press release.
Employers must train workers on the new label elements and SDS format by December 1, 2013. Chemical manufacturers, importers, distributors, and employers must comply with all modified provisions of the final rule by June 1, 2015.  However, distributors may ship products labeled by manufacturers under the old system until December 1, 2015.  By June 1, 2016, employers must update alternative workplace labeling and hazard communication programs as necessary, and provide additional worker training for new identified physical and health hazards.  During this transition period, all chemical manufacturers, importers, distributors, and employers may comply with either 29 CFR 1910.1200 (this final standard), or the current standard, or both.
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Wednesday, March 14, 2012

Kings Park Psychiatric Center Bid Awarded to Low Bidder

On Saturday, March 10, 2010, Mr. Carl MacGowan of Newsday wrote an article regarding the demolition jobs that will be created by National Salvage & Service Corp. the winner of the Kings Park Psychiatric Center bid.  As we discussed in a previous blog post, we are concerned about whether this contractor understands New York State laws regarding labor, asbestos, transportation, and insurance.

This equipment could be used to tear down buildings.
The article states that National Salvage is expected to employ about 65 people to demolish 15 buildings and is unsure how many of those jobs would be going to local people (even if those jobs go to out-of-state people they would have to be paid prevailing wage as per New York State laws).  In addition, National Salvage anticipates using local subcontractors for work such as security, surveying, and removing asbestos and hazardous materials.  They will also be subcontracting 20% of the work to businesses owned by minorities and women. 

Even with all of this we still say, the devil will be in the details.  We have discussed this project in several classes, and the concensus in our classes is it will be interesting to see if the project remains at $6.4 million or will the change orders and extras bring the project closer to the $15 million budget or exceed it? 
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Tuesday, March 13, 2012

Honoring Dr. Alice Hamilton For Women's History Month


Alice Hamilton, pioneer of occupational medici...
Image via Wikipedia
Recently saw a tweet by the Young Workers honoring Dr. Alice Hamilton (For Women's history month -- Alice Hamilton (NIOSH video 1988; http://www.youtube.com/watch?v=E75pST2QTEM&feature=colike).  It still surprises us when we see a video on the pioneers in the industrial hygiene field, discussing issues we are still dealing with today.  Dr. Hamilton was dealing with imigrant labor being mistreated similar to what we see today with undocumented/illegal aliens.  Dr. Hamilton also was dealing with workers being exposed to various toxic dusts and then the workers developing various diseases caused by these exposures.  Today we still see this happening as we've written about in our current newsletter (Toxic Dusts - Demolition Implications).  When will we learn from our previous mistakes?  When will we stop the exposures and the resulting illnesses?  When will we start to care?
 
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Thursday, March 01, 2012

Kings Park Psychiatric Center's Lowest Bidder - Cause for Concern?

We recently received a copy of the range of bids on the Kings Park Psychiatric Center project.  Though the low bidder is under the budgeted amount of $15 million (see Newsday article), the spread between them and the next bidder is $1.78 million.  The spread between the second and third bidder was only approximately $230,000 and the average bid was $13.988 million.  This spread and the fact the low bidder is half the average bid may or may not be cause for concern.  It is important to remember that lowest bidder must be a responsible bidder.  On this point there are two obvious concerns regarding the lowest bidder, first they are an out-of-state bidder (Indiana) and, as of February 21, 2012, they are not a New York State Licensed Asbestos Contractor.  Under New York State Industrial Code Rule 56-3.1 (c), "a copy of a valid New York State Asbestos Handling License shall be submitted by the bidder prior to award of any contract all or part of which involves an asbestos project." At this point, unless the low bidder has a subcontractor doing the asbestos work involved with this contract, they cannot be awarded bid.  In addition, out-of-state contractors always cause worries because it brings up questions like: 
  • Do they know New York State is a prevailing wage state (meaning you must pay workers on the project the prevailing wage rate for Suffolk County based on their job classification)? 
  • Do they know that New York State has asbestos regulations that are some of strictest in the country? 
  • Do they know  that New York State requires all workers, including the operating engineers to have asbestos supervisor or handler certificates?
  • Do they know that when you do controlled demolition (56-11.5) with asbestos in place in New York State you cannot salvage/recycle/or reuse the building materials, they all (except obvious must be disposed of as regulated asbestos containing materials (RACM)?  This means the material have to be hauled by asbestos licensed hauler to an Environmental Protection Agency approved landfill that accepts RACM materials.
  • Do they meet the insurance requirements in New York State, has their insurance provided riders or attachments for workers compensation and disability?
Controlled Demolition is covered under NYSDOL ICR 56
We have many clients who set-up post bid meetings (some even video tape these meetings) with the contractor and ensure the contractor understands all sections of the contract giving the contractor the opportunity to pull-out of the contract if they missed or misunderstood something.  We strongly recommend the designers/owners of this project give this contractor every opportunity to withdraw their bid and make sure the contract is awarded to someone that understands and can meet all the requirements and intricacies of working inside New York State.

Tuesday, February 28, 2012

NYCDEP Issues Advisory Memo

We recently received an advisory memorandum from Mr. Steven A. Camaiore, P.E., the Director of the Asbestos Control Program for New York City Department of Environmental Protection (NYCDEP).  The Advisory had several important points and interesting bits of information.  For example did you know NYCDEP was issuing violations directly to asbestos handlers for obvious violations in which the handler was directly at fault?  Some of the violations they have issued are:
  • worker not wearing gloves,
  • worker engaged in dry removal,
  • worker not taking a shower,
  • or a worker altering their certificate.
This seems to have opened a new area of revenue for NYCDEP.  Though I don't know how much money they are likely to get from asbestos handlers.

Asbestos Supervisors are already getting violations for dry removal or 5 or more violations on the site.
Another enforcement action NYCDEP announced was giving applicants until March 15, 2012 to close out projects filed in the January and February of 2011.  Applicants are required to close-out their project(s), NYCDEP, with this memo, is notifying applicants that if their project is still open after March 15 they will take enforcement action.  In addition, NYCDEP will begin strictly enforcing the following sub-sections of the asbestos regulations:
  • 1-26 (e) Failure to terminate asbestos abatement permit within year
  • 1-44(d) Analysis and Reporting Results
  • 1-112 (m) Additional Clean-up Procedures (Final)
  • 1-28 (h) Clean-up Procedures: Preparation for Clearance Air Monitoring
It certainly seems NYCDEP continues to show how government agencies should be enforcing their regulations.  You can find the memo at: http://futureenvironmentdesigns.com/news.html.

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Chrysotile Asbestos Banned? More Like Certain Conditions of Use Will Be Eventually Banned!

Many of you, as did I, read about the " Ban of Chrysotile Asbestos " and rejoiced over something long overdue.  However, after rea...