OSHA 300A Posting Required by February 1. Changes Coming for Recordkeeping.

This is your annual reminder that the Occupational Safety and Health Administration (OSHA) 300A injury and illness summary form is required to be posted from February 1 to April 30, 2014.  The 300A form is a summary of the information from the OSHA 300 injury and illness recordkeeping form.  You are not required to (nor should you) post the OSHA 300 form.  For more information on completing these forms visit OSHA's website at: https://www.osha.gov/recordkeeping/index.html. 

In addition, OSHA heard public comments from January 9-10, 2014 at the US Department of Labor in Washington DC.  OSHA held this meeting to give stakeholders the opportunity to remark on OSHA's proposed rule to amend recordkeeping regulations.  The amendment would require the electronic submission of injury and illness information to OSHA.  According to OSHA, the proposal would require electronic reporting by approximately 440,000 small companies (20+ employees) annually and larger companies (250+ employees), approximately 38,000 will need to submit injury and illness data on a quarterly basis.  This amendment does not add any new requirements; it just modifies an employer's obligation to submit these to OSHA.

These changes, according to OSHA, are necessary so that the government and researchers will have better access to data to encourage earlier abatement of hazards and improved programs to reduce workplace hazards and prevent injuries, illnesses, and fatalities.  OSHA also says that currently they only see 20 percent of the injury and illness data provided by employers.  Under the new system, they will see 50 percent of the data.

Needless to say, there are those who feel this is a good thing and there are those, many business representatives, who think well.......that public access to this data will encourage employers to underreport as a result of the potential negative impact on their businesses' reputations.  They are also concerned with liability.  Business representatives fear that posting injury and illness data online will open the business up to the pursuit of trial lawyers and unions.  Another concern of business representatives revolves around the costs associated with compliance, which can hurt business and job creation — especially the hiring of temporary workers.  Sounds like the usual business concerns, to us.

Related articles

• OSHA 300 Form Must be Posted by February 1, 2014 For Many Employers
• OSHA 300 Log - "Reminder: Post Your 2013 OSHA Recordkeeping Annual Summary By February 1, 2014″
• OSHA 300 Log - "Recordable Or Not?"
• OSHA announces proposed new rule to improve tracking of workplace injuries and illnesses
• OSHA - DOL Web Tool Helps Employers Understand OSHA Recordkeeping

Settlement Agreement Regarding Mold in NYC Public Housing

A December 16, 2013, New York Times article titled "Facing Suit, New York City Agrees to Remove Mold in Public Housing More Quickly: Hurricane Sandy" discusses the settlement agreement between the New York City Housing Authority and people living in housing projects and coping with asthma.  These residents have long complained that maintenance workers failed to identify the leaks and other sources of moisture that cause mold to grow, these problems have only become worse since Hurricane Sandy.  The settlement will require the authority not only to remove the mold but also to fix leaks, insulate pipes and address other sources of moisture.  The agency will be required, in most cases, to fix the problem within seven to 15 days following a work order.  In addition, it requires housing officials to recognize asthma as a disability and to make accommodations for tenants with the condition. For example, the authority could be expected to relocate a person with asthma and his or her family to another apartment, or to use low-toxicity fungicides or to allow extra air-conditioning units in apartments.



Water intrusion that is not cleaned up within 48 hours could lead to mold growth.

 

As many of us know in the Remediation industry, you must repair the source of the moisture or mold will return.  In addition, there has been plenty written that mold is only part of the problem when it comes to illnesses like asthma.  Problems caused by the water intrusion is more of a problem for asthma sufferers, even if their is no mold growth.  Fixing water intrusions and removing water damaged materials, quickly (within 48 hours) would help asthma sufferers more than removing and cleaning the mold after it has grown.  However, this agreement gives the Housing Authority too long (7-15 days) to handle the water intrusion, in that time period if the area remains moist/wet it will give mold the opportunity to grow.  Visit the Environmental Protection Agency (EPA) website for more information on mold, moisture, and your home.

Related articles

• Facing Suit, New York City Agrees to Remove Mold in Public Housing More Quickly
• Tenants Hail New Mold Guidelines For NYCHA
• NYCHA Mold Removal Settlement Has Wide Scope Thanks to High Asthma Rate
• Mold, mice and zip codes: Inside the asthma epidemic
• New York City Housing Authority Agrees to Address Mold, Contributor to Asthma Epidemic

Several Indicators Show Construction Spending Improving.

A USA Today article dated January 2, 2014 "Construction Spending:Strongest Pace In Years" reported that United States (U.S.) construction spending rose in November at the strongest pace since 2009.  Construction spending increased 1% in November (annually adjusted rate of $934.4 billion).

Residential construction rose 1.9% in November.  Home building last exceeded the November pace shortly before 2008.  Spending on single-family homes has increased 18.4% year over year, while spending on apartment buildings is up 36.3% during the same period.  More than 2/3's of the residential construction market comes from single-family homes.  According to the National Association of Home Builders each new home creates an average of three jobs for a year and generates about $90,000 in tax revenue.

Construction Work on a New Dock for Lake Champlain Ferry

Commercial projects also increased 2.7% in November.  Though Government construction spending fell 1.8%.  Declines in expenditures on roadways, health care facilities, & sewer systems led much of the decrease.

According to the Associated General Contractors of America (AGC) Press Release, November's year-over-year construction employment figures show that employment in the construction industry rose in 211 of 339 metropolitan areas between November 2012 and the same month in 2013.  According to a separate AGC Press Release, construction in November totaled $934 billion, up 5.9% since November 2012.  With private residential construction spending rising 17% and private nonresidential spending rising 1.0% since November 2012.  Public construction dropped 0.2 percent since November 2012.

While the Associated Builders and Contractors's Chief Economist Anirban Basu said the following in their Press Release, "Construction activity bounced back in November, due in part to the end of the federal government shutdown and an accompanying return to normalcy.  Nonresidential construction spending was up 2.3% on a seasonally adjusted basis compared to September, which makes a better comparison because October was so unusual."  "The recent acceleration in economic activity sets the stage for a much better 2014, both for the broader economy and the nonresidential construction industry," said Basu.  "We can expect nonresidential construction spending to expand during the first half of the year."

Related articles

• U.S. Construction Spending Near Five-Year High
• Construction spending: Strongest pace in years
• National construction spending hits $934B in November
• US construction spending on the upswing in November
• Spending on home construction reaches fastest pace since 2008

Happy New Year to one & all!

We would like to wish everyone, a Happy New Year!  Hope you all enjoy the day.  Be safe & well!

Changes to Asbestos Project Notification Fees Gets Closer

New York State Senator Catherine Young has sponsored S5917-2013.  This bill matches New York State Assembly Bill A3675A-2013 which is sponsored by Assemblywoman Donna Lupardo.  Both bills make changes to the Asbestos Project Notification Fee schedule.  The following are the reasons these bills should be supported:

• Original notification fees were arbitrarily set.

• In 2009 notification fees were arbitrarily doubled to raise income.

• From 2009 to 2010 income from fees rose from $6,606,700 to $12, 223,750.

• From 2009 to 2010 the Asbestos Control Bureau  (ACB) budget remained flat at $3,315,044 to $3,462, 574.

• The largest amount of asbestos in residential homes is non-friable

• A very small percentage of asbestos notifications are from residential homes

• Homes condemned  from disasters and, thus, not surveyed are being required to pay fees of $2,000 each for friable and non-friable material whether existing or not

• Most commercial projects of 1,500 square feet (SF) or less of non-friable material are not notified because of cost for a few hours of work.

• A home owner with 1,000 SF of floor tile pays the same fee as a commercial project of 100,000 SF.

• The bill refers to the footprint of a building as the ACB has taken the SF on some projects to include walls, floors, and ceilings.

• The proposed bill would be not be revenue neutral, however, the recent NYS Comptroller’s audit of the NYS Department of Labor (DOL) determined the DOL is not assessing and collecting all required fees and penalties in the ACB.  The audit recommended for the DOL to “Review the asbestos fee structure to determine whether a more equitable fee structure could be created based on the size of a project to possibly increase revenue.” Note: this can only be done through legislative action.

• This does not take into account the increase in residential, commercial, and industrial notifications because of the lower fees.

• Higher fees for larger projects above 5,000 SF will max out at the current $2,000 fee at 1,000 SF.

• Memos of support have come from Unshackle Upstate, NFIB, Manhattan Chamber of Commerce, Broome County Chamber of Commerce, Southern Tier Builders Association, Rochester Builders Exchange, Associated Building Contractors of the Triple Cities, Syracuse Builders Exchange, Northern New York Builders Exchange, Building Industry Employers and the Broome County Realtors Association.

Tom Meade, the Executive Director of the Professional Abatement Contractors of New York (PACNY), has been working on these bills for sometime now.  To support these bills contact us at angelo3@futureenv.com or Mr Meade at tmeade@stny.rr.com and we will provide you with the information needed including a sample letter created by Mr. Meade.  The sooner these letters of support can be sent to the sponsors the better as we would like this to become a part of the Governor's budget.  If you have any questions feel free to contact Mr. Meade at tmeade@stny.rr.com.