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Saturday, April 20, 2013

NY Times Article Criticizing OSHA, Doesn't Criticize It Enough!

On March 30, 2013, the New York Times wrote the article "As OSHA Emphasizes Safety, Long Term Health Risks Fester."  You can click on the title of the article to read the article if by chance you have not read it or saw it.  As many of you know I am a sharp critic of the Occupational Safety and Health Administration (OSHA) and their inability to protect worker health at Ground Zero, at the BP Oil Spill, Katrina, etc, etc, etc!  Here is another sad case of OSHA failing to do their job and claiming there is nothing they can do!  Are they kidding us!  Lets see the facts in this case:

  • The culprit in this chemical exposure story is a chemical known as n-propyl bromide, or nPB.  “Medical researchers, government officials and even chemical companies that once manufactured nPB have warned for over a decade that it causes neurological damage and infertility when inhaled at low levels over long periods…”  So we know that exposure to this chemical is hazardous (fact!).

  • 3D diagram of n-propyl bromide molecule. Prepa...
    3D diagram of n-propyl bromide molecule. Prepared with Discovery Studio Visualizer 1.7 and GIMP 2.2 (Photo credit: Wikipedia)
  • Did we have an exposure?  “For about five years, Ms. Sheri Farley, 45, stood alongside about a dozen other workers, spray gun in hand, gluing together foam cushions for chairs and couches sold under brand names like Broyhill, Ralph Lauren, and Thomasville.  Fumes from the glue formed a yellowish fog inside the plant, and Ms. Farley’s doctors say that breathing them in eventually ate away at her nerve endings, resulting in what she and her co-workers call “dead foot”."  That sounds like an exposure to us (fact!).
  • What did the employer do to protect the workers?  “Even as worker after worker fell ill, records from the Occupational Safety and Health Administration show that managers at Royale Comfort Seating, where Ms. Farley was employed, repeatedly exposed gluers to nPB levels that exceeded levels federal officials considered safe, failed to provide respirators and turned off fans meant to vent fumes."  So the employer knew the dangers and didn't protect the workers (fact!).
  • What's a willfull violation?  According to OSHA, a willfull violation is a violation that the employer intentionally and knowingly commits or a violation that the employer commits with plain indifference to the law.  OSHA may propose penalties of a maximum of $70,000 for each willfull violation (fact!).
So if you buy into this argument that OSHA is powerless to act.  Then why did violations only total, as per the article, "less than $20,000 in OSHA fines related to glue fumes."  That is a travesty!  OSHA needs to wake up and do its job.  

What does the Director of OSHA have to say about this?  “I’m the first to admit this is broken,” said David Michaels, the OSHA director, referring to the agency’s record on dealing with workplace health threats.  “Meanwhile, tens of thousands of people end up on the gurney.”  You're the director and that's your answer.  Get your act together and fix the problem.  You know there's a problem and you're not fixing it.  You should be fired!  You've been the OSHA Director for what four years and we must admit you've done a lot of good.  However, at the same time this issue of protecting worker health has continued to fester and you know its broken and you haven't fixed it.  If you were on Donald Trump's Apprentice program, you would've been fired.


Let's look at the issue that the business claims they can't afford to protect workers.  Based on the article it says Royale "which employs about 100 workers and had around $7.5 million in sales in 2011",  in addition, Royale has also "paid nearly a half-million dollars - in court settlements, required upgrades....".  Where did these business owners get their education on running a business?  Here are some statistics from the article that makes you wonder about business owners and support a need for OSHA to do a better job of protecting worker's health:

  • "Chronic ailments caused by toxic workplace air - black lung, stonecutter's disease, asbestosis, grinder's rot, pneumoconiosis, - incapacitate more than 200,000 workers in the United States annually.  More than 40,000 Americans die prematurely each year from exposure to toxic substances at work - 10 times as many as those who die from refinery explosions, mine collapses and other accidents that grab most of the news media attention."
  • Occupational illnesses and injuries like Ms. Farley's cost the American economy roughly $250 billion per year because of medical expenses and lost productivity, according to government data analyzed by J. Paul Leigh, an economist at the University of California, Davis, more than the cost of diabetes or chronic obstructive pulmonary disease.  Roughly 40 percent of medical expenses from workplace hazards, or about $27 billion a year, is paid by public programs like Medicare and Medicaid."
In our opinion, it would be more effective to have a respiratory protection program using respirators and proper filters.  The probable cost of a respiratory protection program for 100 workers would be around $40,000.  It seems to us it would be cheaper to provide the workers with respirators than to pay for court settlements, worker's compensation insurance costs, disability insurance costs, etc.  It is way past time we started recognizing the need to push respirator use to handle situations that either the political will, financial will, or just plain indifference is not protecting workers.
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Sunday, March 24, 2013

Filtering Facepiece Respirator or Dust Mask. Which is it?

Well the answer to the question in the title is similar to you saying tomatoe or tomato.  They are two ways of saying the same thing.  According to the Occupational Safety and Health Administration (OSHA) a dust mask is a filtering facepiece respirator.  For those involved in the safety and health field that is not news.  However, for everyone else it is.  In fact, we would argue that the average worker doesn't even consider the dust mask a respirator.  We recently ran into this miscommunication between an employer who was providing filtering facepiece respirators on a voluntary basis and assumed when the OSHA compliance safety and health officer was asking about respirators they were talking about the ones used in the paint booth.  Paint booth respirators were required, but the filtering facepiece respirators were not.  You could imagine the conversation.
Muster einer Atemluft-Einwegmaske
Muster einer Atemluft-Einwegmaske (Photo credit: Wikipedia)

What is the consequence of such a miscommunication?  Well once you require the wearing of filtering facepiece respirators in the workplace, these respirators must follow all the requirements of 1910.134 the OSHA respiratory protection standard.  Which means the workers must be medically cleared to wear the respirator, fit tested with the respirator to ensure it fits, and trained on the use of the respirator.  However, if the filtering facepiece respirator is being used voluntarily, all you must provide is Appendix D of standard "Information for Employees Wearing Respirators When Not Required Under The Standard."  A big difference in requirements.  So be very careful when answering this question during an OSHA workplace inspection.

Another problem with dust masks is illustrated by the photo above in an article about Suffolk County's plan to spray pesticides.  What is wrong with the picture?  Well if this worker is spraying pesticides he is wearing the wrong respirator.  Filtering facepiece respirators (dust masks) only protect from dust or particulates.  They do not protect against chemicals that are in the form of mists, vapors, or gases (which is the form that the worker in the picture is spraying).  These forms of chemicals would penetrate through the mask or worse will be absorbed into the filter and potentially concentrate the chemical or allow the chewmical to sit on worker's face.
 
The only reason for wearing a filtering facepiece respirator (dust mask) is for nuisance dusts (i.e., wood dust, pollen, grass clippings, etc.).  Though this respirator is very comfortable, and lighweight, in our view, it is very dangerous because it is readily available, many people are using it improperly, and many people believe it can do more than it was designed to do.  Use this resapirator very carefully and again only for nuisance dusts, nothing more.  Be safe out there!
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Monday, March 04, 2013

PACNY Conference New Faces, New Discussions

The 17th Annual Professional Abatement Contractors of New York (PACNY) Environmental Conference was a success.  Though this is not surprising given the lineup of speakers and great effort that was made by the conference organizers to bring it together.  We would suspect that the organizers might have been nervous about the event, since Mr. Christopher Alonge would not be a speaker on day two of the event.  If you had not heard, Mr. Alonge is no longer with New York State Department of Labor (NYSDOL) he is now with Dormitory Authority of the State of New York (DASNY).  Mr. Alonge was present at the event, and seemed to be enjoying himself.  However, Dr. Eileen Franco saved the day representing NYSDOL as the acting director for the Division of Safety & Health.  Dr. Franco discussed her unit, and updated us on the progress of the new ICR56, which in her words were "imminent".  She was entertaining and we hope she will take our suggestions regarding the asbestos control program and act on them.

Future Environment Design's New Tradeshow Display.
Like last year, one of the opening presentations was on PACNY's effort to change the notification fees.  The bill they are discussing is Assembly Bill A3675.  As we discussed last year, this bill would change the notification fee structure so demolition of residents impacted by a disaster would be a maximum of $200.  This change would help disaster affected areas and residential projects by allowing properly trained contractors to better compete with non-licensed or untrained contractors for the asbestos work.

The list of speakers included Brian Sampson from Unshackle Upstate; Joe Cantone from Colden Corporation; Paul Watson from Center for Toxicology & Environmental Health; Joe Hogan from Associated General Contractors of New York State; Dr. Dave Duford from CanAm Environmental Safety; Brent Kynoch from the Environmental Information Association; Dr. James Webber, formerly with NYS Department of Health; Marvin Stillman from the University of Rochester; and Mr. Chris Alund, from the NYSDOL Bureau of Public Work.  All the speakers were very good, however, two standout in our mind.  First Dr. Webber's presentation "Vermiculite: Looking for a Needle in a Leaf Pile" was awesome and had many speaking about it throughout the rest of the conference.  Pretty impressive considering after his presentation it was the cocktail hour in the exhibit hall.  Dr. Webber's presentation was our first official 3D presentation.  Towards the end of his presentation he passed out 3D glasses, and it was very impressive seeing vermiculite with Libby asbestos fibers in 3D.  The other presentation that stood out, was Mr. Stillman's regarding "Hazardous Waste at Project Sites".  Mr. Stillman's presentation included a lot of points that we were not aware of and will be included in future training classes regarding hazardous wastes.  During most of the presentations, we posted points we felt were important on Twitter.  Find those tweets at #FEDTCPACNY.

This year the Industry Roundtable Q&A was moderated by Steve Gheen, PE of Gheen Engineering, and included Darren Yehl of Cornerstone Training Institute, John Massa of Midlantic Environmental, and Angelo Garcia, III, of Future Environment Designs (me).  Questions this year were very interesting and brought out some distinctions in regions and how various types of asbestos work was being done.

The Exhibit Hall was a lot of fun, with the cocktail reception and the breaks spent meeting vendors, suppliers, and competitors (the friendly kind).  There were some new exhibitors and some new equipment at the show.  Fiberlock Technologies was exhibiting a new Advanced Peroxide Cleaner (APC) that removes mold & mildew stains on porous & non-porous materials, it seems to be an impressive product.  DiVal & Aramsco had dueling floor tile and mastic removal machines that sell or rent.  In addition, DiVal was showing a Dust Shroud for Reciprocating Saws from Dustless Technologies.  McLaughlin Vacuum Excavation Systems (Vermeer is the dealer network for this equipment) was another exhibitor with some impressive equipment.  Of course, United Rentals was there and we didn't win the toy truck, again!

Overall, the conference was a great time.  Turning Stone Resort & Casino does a great job with the food, drinks, & entertainment.  In the past few years, we've seen more representatives from Long Island based companies attending the PACNY conference.  We were glad to see George Maul of Insight Environmental, Paul Calzolano of Testing Mechanics, Paul Debiase of Dvirka & Bartilucci, Bart Gallagher of Enviroscience, & Travis Irving of H2M.  We look forward to seeing you next year and look forward to the Long Island contingent growing again next year. 
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Tuesday, February 19, 2013

PACNY's 2013 Environmental Conference

Future Environment Designs is proud to be attending and exhibiting at the Professional Abatement Contractors of New York's (PACNY's) 17th Annual Environmental Conference.  The event is being held at the Turning Stone Casino & Resort on Thursday, February 28th & Friday, March 1, 2013.  This year we've updated our trade show booth and look forward to showing it off, assuming its ready in time.  We are also honored to have been selected to be on the industry panel again this year.  We look forward to meeting you in the exhibit hall or at one of the sessions.  For more information or to register for the event visit PACNY's website at http://www.pacny.org/conferences.asp.



We are also happy to announce that on Wednesday, February 27, 2013 at Turning Stone Casino we will be holding an Asbestos Project Designer Refresher course together with Cornerstone Training Institute.  Hopefully, that will work with people's schedule and we look forward to seeing you at that event, too.

Monday, February 04, 2013

OSHA 300A Posting Required On Feb.1

Hopefully, you remembered to post your Occupational Safety and Health Administration (OSHA) 300A form on February 1, 2013.  As required by OSHA, the 300A form is the summary of the OSHA 300 form which is the log of injuries and illnesses your company had over the past year.  If your looking for the forms follow this link: http://www.osha.gov/recordkeeping/new-osha300form1-1-04.pdf.  The form is required to be posted from February 1 to April 30, 2013.  If you have 10 or fewer employees this regulation does not apply to your business.

Proper Scaffold Construction in Ithaca, NY
 The following is posted on the OSHA website:

What is recordable under OSHA's Recordkeeping Regulation?
  • Covered employers must record all work-related fatalities.
  • Covered employers must record all work-related injuries and illnesses that result in days away from work, restricted work or transfer to another job, loss of consciousness or medical treatment beyond first aid (see OSHA's definition of first aid below).
  • In addition, employers must record significant work-related injuries or illnesses diagnoses by a physician or other licensed health care professional, even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness.
  • Injuries include cases such as, but not limited to, a cut, fracture, sprain, or amputation.
  • Illnesses include both acute and chronic illnesses, such as, but not limited to, a skin disease (i.e. contact dermatitis), respiratory disorder (i.e. occupational asthma, pneumoconiosis), or poisoning (i.e. lead poisoning, solvent intoxication).
  • OSHA's definition of work-related injuries, illnesses and fatalities are those in which an event or exposure in the work environment either caused or contributed to the condition. In addition, if an event or exposure in the work environment significantly aggravated a pre-existing injury or illness, this is also considered work-related.
  • For further questions or clarifications, take advantage of the additional resources on this page (under "In Focus") or call 1-800-321-OSHA (6742).
4,609 workers died on the job in 2011 (as per OSHA website).
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Wednesday, January 30, 2013

Future Environment Designs Has Published Its 2013 Future Focus Newsletter

Future Environment Designs has published our 2013 newsletter "Future Focus".  As usual the current newsletter will be part of our manuals and handed out in our classes.  If you don't want to wait until you take a class with us, you can find our newsletter at our website at: http://futureenvironmentdesigns.com/newsletter.html


Chrysotile Asbestos display at Thetford Mines Mineralogical & Mining Mueseum
In our current newsletter, the lead article is about "Asbestos In Current Building Materials".  We discuss how material safety data sheets (MSDS) and the new safety data sheets (SDS) cannot be used to determine if current building materials contain asbestos, especially when discussing foreign building materials.  We hope this newsletter acts as a warning to asbestos inspectors, facility directors, building managers, architects/engineers, and building owners, etc. in determining whether current and new building materials have asbestos.
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Monday, January 21, 2013

NYSDOL Responds To Call To Waive Fees

Several months ago, we called on Governor Mario Cuomo and the New York State Department of Labor to waive asbestos notification fees in response to the burden these fees created in response to Super Storm Sandy.  We received a response to our call.  Needless to say the response was not positive.  Visit our website at http://futureenvironmentdesigns.com/news.html to see the response letter. 

Sandy downed tree took out car

We are disappointed with the response and we feel Governor Cuomo and the NYSDOL, both should recognize the damage being done by this negative response.  Asbestos removals are going on without notification and without licensed contractors and trained workers.  In addition, only Suffolk County is determining if their are any asbestos problems, along with mold and lead (as reported in Newsday).  While Nassau County is ignoring the asbestos issue.  Its very sad to see the same issues that occurred during previous storms/hurricanes continue to be issues.
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Monday, January 14, 2013

What Out-of-State Employers with Employees Working in New York State Need to Know.

We received a recent newsletter from Dan Borgna at the Dale Group.  The newsletter discussed the Workers Compensation/Disability requirements for out-of-state contractors.  We found it very interesting with permission from Mr. Borgna of the Dale Group (Thank you for allowing us to reprint it) here is the newsletter post:  

 
If you have no office location in New York, but have employees on site in NY, this article is important to your business.

New York State workers' compensation insurance covers employees for work-related accidents, injuries or illness.   
As part of the 2007 Workers' Compensation Reform Legislation, all out-of-state employers with at least one employee working in New York State will be required to carry a full statutory New York State workers' compensation insurance policy. The workers' compensation insurance policy must be effective no later than the first day you have employees working in NY State.  

Misconception - "I have all states coverage listed in section 3.c of my home state workers compensation policy".
Reality- As part of the reform, having "all states" in section 3.c is no longer valid. "NY" must be specifically listed in section 3.a of the workers compensation declarations page or endorsement. 
Penalties - Failure to maintain this coverage can result in the following: 

1.     Failure to carry Workers' Compensation Insurance for more than 5 employees within a twelve month period is a class E felony and is punishable by a fine not less than $5,000 nor more than $50,000.

2.     For 5 or less employees within a twelve month period, it is a misdemeanor punishable by a fine not less than $1,000 nor more than $5,000.

3.     Subsequent convictions within a 5 year period shall constitute a class D felony and fines not less than $10,000 nor more than $50,000.

4.     Any employer who fails to maintain a workers' compensation policy when it is required or owes a fine or assessment to the Board may be issued a stop-work order, meaning the business must shut down all activity until the order is lifted.

5.     A penalty in the sum of $2,000 for each ten-day period of non-compliance or a sum not in excess of two times the cost of compensation for the period of such failure may be imposed 

DISABILITY BENEFITS INSURANCE REQUIREMENTS
NY State statutory disability benefits (DB) insurance coverage is totally different from and is not included in NYS workers' compensation insurance coverage. Statutory NY State disability benefits insurance covers employees for off-the-job accident, injury or illness.
If you have one or more employees for 30 days in a calendar year, you are required to obtain NYS disability benefits insurance coverage. Such insurance must be effective no later than four weeks after the 30th day you have employees.  

Penalties under the Disability Benefits Law 

1.     Failure to carry Disability Benefits Insurance is a misdemeanor punishable by a fine of not less than $100 nor more than $500 or imprisonment for not more than one year, or both, with increased monetary penalties for second and third or subsequent violations, and

2.     Where an employee of a non-insured employer is disabled due to an off-the-job injury or illness, the noninsured employer will be responsible for payment of the amount of benefits to which the employee is entitled or for payment of 1% of his/her payroll for the period of non-compliance, whichever is greater. And

3.     Where an employer fails to carry Disability Benefits Insurance, the Chair will impose a penalty not in excess of ½ of 1% of the employer's weekly payroll for the period of non-compliance and a further amount not in excess of $500 

Employees traveling through the State not stopping for deliveries, pick-ups, or other work are not deemed to have worked a day here. An employer that has reason to know that it will meet these criteria in the current year, even if it has not done so in the prior year, must obtain the required coverage.
For a complete description of the Form and Regulation, please visit the following link at the New York State Workers Compensation Board.

http://www.wcb.ny.gov/content/main/forms/oc923.pdf 

If you are concerned that your company may not be compliant, please contact Dan Borgna at Dale Group (973)437-9664 or danb@dalegroup.com who will be happy to discuss the matter with you.
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Monday, December 31, 2012

Happy New Year - 2013

Future Environment Designs would like to wish everyone a Happy New Year!  May it be a healthy, safe, and prosperous one, for all of us.  It is usually a tradition for companies and people to make resolutions for the new year.  At Future Environment Designs we resolve to honor our clients who have supported us for what will be 25 years in business in 2013.  To start meeting that resolution, we proudly announce our referral program.


Happy 2013 - May it be Healthy, Prosperous, & Safe!

Future Environment Design's Referral Program - we set this up to honor those clients who have referred training and indoor air quality/OSHA compliance consulting work to us.  Any client who refers training and/or indoor air quality/OSHA compliance consulting work to us will receive a 5% discount on their training/indoor air quality/OSHA compliance consulting work.  This would be in addition to any other discounts given.  So a client who has attended training with us before would be discounted 15% for loyalty and 5% for referring work to us, for a total discount of 20% off.  Future Environment Designs relies on word-of-mouth to maintain our level of revenue.  We feel this is a way to reward our clients who typically refer work to us and spread the word about our company.
Happy New Year!
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Tuesday, December 25, 2012

Merry Holidays!

We at Future Environment Designs would like to wish all of our clients, suppliers, and their family and friends a very Merry Holiday season.  We thank you for making this year a special year and look forward to serving and working with you in the future!


This is the message of Christmas:
We are never alone. - Taylor Caldwell
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Monday, December 10, 2012

Sandy Relief - Eliminate Asbestos Notification Fees

Superstorm Sandy has caused some significant damage to asbestos containing materials, that were otherwise in good condition.  This hardship of having to addresss asbestos before renovation, restoration, or repair work is done, can be a significant burden.  Leading owners to short cut the regulations and hire unqualified/unlicensed workers and companies to handle the asbestos putting themselves and the workers performing the work at risk.

Water Damaged Asbestos Pipe Insulation
It is important to remember that in New York State, all quantities of asbestos disturbance are regulated for both residential and commercial.  Workers must be certified to perform asbestos work and the companies they work for must be licensed.  As of December 10, 2012, there are 856 licensed contractors in New York State.  One of the things we found interesting in searching for contractors is what  we found regarding ServPro & Servicemaster.  As you may have seen ServPro's television commercial discussing being able to handle emergency cleanups, well it is interesting that ServPro does not come up on New York State list of licensed asbestos contractors.  This means the only way ServPro could handle this work is to partner with a licensed asbestos contractor.  They cannot do the work themselves.  Regarding Servicemaster, they come up on the New York State list of assbestos contractors, however, it is only the Buffalo branch that is licensed.  So only the Buffalo branch can work with asbestos containing materials.  Long Island Servicemasters cannot do the work themselves, they too must partner with a licensed asbestos contractor.
To ensure residential work is done by qualified/licensed contractors the New York State Department of Labor should follow Suffolk County's or other towns, and villages lead in waiving fees involved with notifying these projects. The cost involved with notifications range from $200 to $4000. These fees would be better put to use by the owners of the properties to cleanup the damaged materials by licensed/qualified contractors.  To ensure this happens, we need to get this information/request out to Governor Cuomo and our local State Senators & State Assemblypersons.  Be safe and take care!
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Thursday, November 29, 2012

Super Storm Sandy Cleanups, Educate Yourself!

Hope everyone survived Sandy, the Nor'easter, and Thanksgiving!  Since Sandy we've been getting a lot of phone calls on handling all the different issues related to the super storm.  Questions regarding mold, asbestos, lead, and the use of biocides.  In order to assist with providing information on these issues their are several videos we have worked with IAQTV and Cochrane & Associates to provide some basic information on these issues.  The most recent video is based on what it takes to dry out an area based on the type of water that has infiltrated the area. See our video "Dry Out Hazards Following a Flood or Water Incursion" at: http://www.youtube.com/watch?v=64u9RNPKbtI&feature=em-uploademail

Superstorm Sandy Uprooted/Broke Many Trees Causing Severe Power Outages
After super storm Sandy building materials were probably disturbed and may have become damaged requiring removal or replacing.  Anytime you are dealing with building materials, you are probably going to have to deal with asbestos and/or lead.  Asbestos was typically used as an insulator, however, the material can also be found in floor tiles & mastics, plaster-on-lathe, ceiling tiles, siding shingles, window caulking, & roofing shingles (remember asbestos is not banned and can be found in certain new building materials).  For more information about asbestos threats in the home, see our video "Asbestos Threats in the Home" at:  http://www.prlog.org/10943541-asbestos-threats-in-the-home-revealed-in-new-video.html.  In New York State workers and companies that disturb or handle asbestos are required to be certified and licensed.  In addition, projects that disturb/handle asbestos in quantities greater than 10 square feet and/or 25 linear feet require asbestos air/project monitoring to determine if the project has been completed properly.  This air/project monitoring firm and individuals must also be licensed and certified and are required to be completely independent of the contractor (must be hired by the owner of the facility/residence) handling/disturbing the asbestos.
Lead was usually used in paint and also in window caulking.  For more information about lead in the home, see our video "Lead Hazards in the Home" at:  http://www.youtube.com/watch?v=z5UnRr0tj88.  The Environmental Protection Agency (EPA) under the Renovation, Repair, and Painting Rules (RRP) requires renovation, remodeling, and painting contractors must be certified in lead paint work procedures.  Visit EPA's website regarding how this rule applies for post-disaster renovations: http://epa.gov/lead/rrp/emergency.html  . 
With significant water infiltration on the shore areas, if these areas were allowed to stay damp for longer than 48-hours, then mold had the opportunity to grow.  The extent of mold growth and type of mold would be based on the type of water (black, grey, or white) and the amount of water.  To learn more about mold see our video "Health Effects of Mold Exposure" at:  http://www.youtube.com/watch?v=DbKoonHwvHM  For those who have had sewage water (known as black water) infiltration into their residence/facility should see our video "Sewage Contamination Dangers" at:  http://www.youtube.com/watch?v=V4XORptvcX8.  When looking for contractors to handle mold, unlike asbestos and lead there is no federal, state or local licensing.  However, you should make sure the contractor you hire has workers who are industry certified in mold remediation from the American Council for Accredited Certifications (ACAC).  Find the ACAC and those certified individuals at:  http://acac.org/.
When it comes to biocides it is very important to be cautious, when using bleach or other stronger biocides.  Biocides (meaning kills life) are designed to kill and must be registered (licensed) with EPA under the Federal Insecticide, Fungicide, Rodenticide Act (FIFRA).  The label is the law for these products.  Meaning the chemical must be used in accordance with the label.  The label must list all the limitations and where the product is allowed to be used.  For information about biocides visit EPA's website on FIFRA at:  http://www.epa.gov/lawsregs/laws/fifra.html and visit the following website for registered disinfectants: http://www.epa.gov/oppad001/chemregindex.htm  Remember EPA does NOT recommend the use of biocides for mold cleanups, visit EPA's website regarding using bleach for mold cleanups at http://iaq.supportportal.com/link/portal/23002/23007/Article/20290/Should-I-use-bleach-to-clean-up-mold .  See EPA's website and the EPA manual "A Brief Guide to Mold, Moisture, and Your Home" at: http://www.epa.gov/mold/moldguide.html.
To quote a Long Island retailer, "An educated consumer is our best customer.". In the case of environmental hazards it is the same.  Educate yourself on the hazards and you can better avoid hazards, unnecessary expenses & services, and headaches.  Please be safe and take care!
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Tuesday, October 02, 2012

OSHA Cites SMG For Asbestos Violations at Nassau Coliseum

English: Nassau Veterans Memorial Coliseum Lic...
English: Nassau Veterans Memorial Coliseum Licensing: Category:Images of Long Island (Photo credit: Wikipedia)
The Occupational Safety and Health Administration (OSHA) has issued a press release on their website announcing that they are citing SMG, which manages the day-to-day operations of the Nassau Veterans Memorial Coliseum on Long Island, a total of $88,000 in proposed fines for asbestos, electrical, chemical and other hazards facing workers at the coliseum. SMG operates as SMG @ Nassau Coliseum, LLC faces 16 alleged serious violations of workplace health and safety standards.
OSHA opened the inspection due to employee complaints.  Investigators found that maintenance workers and electricians were exposed to asbestos or materials potentially containing asbestos while working in various locations - including the coliseum's ice plant, catwalks, and a loading dock - and that SMG did not take adequate steps to address the hazards.
Obviously, from this information it seems that SMG was unaware (or ignored) the dangers their workers faced in working at the Coliseum.  This is not a good thing for Nassau County as the owners of the Coliseum.  This brings into question what information did Nassau County pass along to SMG to make sure SMG protected their employees.  This opens up Nassau County for a third party litigation lawsuit.  Remember previous articles written about this issue indicated at least two workers (one with mesothelioma and the other with stage four lung cancer) were potentially exposed to asbestos and that a total of 75 arena employees may have been exposed.
One of the most damning statements on the press release was "Specifically, SMG did not identify the presence, location and quantity of materials containing or potentially containing asbestos, use engineering controls and work practices to reduce exposure levels, ensure that all Class III asbestos work (such as repair and maintenance operations where materials presumed to contain asbestos are disturbed) was conducted in regulated areas, ensure proper respirator use, post warning signs and provide asbestos awareness training for workers."  Nassau County as the owner of the Coliseum, also has liabilities in informing SMG of the asbestos containing materials located at the Coliseum.  It seems to us that this isn't the last we will be hearing about the asbestos at the Nassau Veterans Memorial Coliseum.
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Thursday, September 27, 2012

Changes at NYS DOL

English: Headquarters of the Dormitory Authori...
English: Headquarters of the Dormitory Authority of the State of New York, located on Broadway in Albany, New York, United States (Photo credit: Wikipedia)
We have just found out, thanks to Christopher Corrado at National Grid and Cornerstone Training Institute, that there are several changes at the New York State Department of Labor.  First we are sad to hear that Mr. Christopher Alonge is leaving the Engineering Services Unit to take a position at the Dormitory Authority.  We are sure sad to see him go and wish him the best of luck at the Dormitory Authority.  According to Mr. Alonge, the proposed revisions to NYS Industrial Code Rule 56 have been submitted to the Governor's office and will be handled by the Unit's Director, going forward.  It is also our understanding that Dr. Eileen Franko formerly of the New York State Department of Health will be taking the place of the retiring Ms. Maureen Cox the Director of Safety and Health at NYS Department of Labor.  It will be interesting to see if this change will have any impact on enforcement of Industrial Code Rule 56 and the PESH regulations.  We wish Mr. Alonge, Dr. Franko and Ms. Cox the best of luck in their new endeavors.

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Monday, September 03, 2012

OSHA Training Blog - oshatraining.com: “Best Practices”? Or Safety Run Amuck?

This blog post is so good, we couldn't resist sharing it with you.  Very funny story and wonder how many others have run into the same thing.  Hope you enjoy this post as much as we have.
OSHA Training Blog - oshatraining.com: “Best Practices”? Or Safety Run Amuck?: On occasion I am hired by attorneys to serve as an expert witness on lawsuits involving workplace injuries and fatalities. One of the more...

Monday, July 09, 2012

NYS Department Of Health Vermiculite Clarification

New York State Department of Health's (NYSDOH) Environmental Laboratory Approval Program (ELAP) has released an update that revises FAQ #10 from the 4/8/11 FAQ document.  This update is posted at:
http://www.wadsworth.org/labcert/elapcert/forms/Vermiculite%20Guidance_Rev062212.pdf.  

The revision separates vermiculite into two types.  Vermiculite material used for thermal systems insulation (TSI), surfacing materials, and other miscellaneous ACM (including but not limited to:  existing or new surfacing material, plaster, pipe lagging, and sprayed-on fireproofing) or vermiculite material used for attic fill, block fill, and other loose bulk vermiculite material.  For the vermiculite material used for attic fill, etc. nothing has changed.  We still cannot analyze it and material must be assumed to contain asbestos and designated an asbestos containing material.

New Evaluation for Surfacing Material Containing Vermiculite
For the vermiculite used for TSI, surfacing material, etc. anaylze by ELAP certification manual item 198.1 (polarized light microscopy [PLM] friable method).  Vermiculite evaluation shall follow these three steps:
  1. If vermiculite is calculated to be less than 10% of the entire material composition and no asbestos fibers are detected, the material may be reported as non-ACM.
  2. If any asbestos fibers are identified, analysis must proceed according to Item 198.1 PLM and reported as ACM according to Section 6.3.
  3. If vermiculite is calculated to be 10% or more of the material, the material must be reported as ACM.
According to NYSDOH ELAP the reason for the difference is that vermiculite used for TSI, etc can be more constrained that loose fill, there is less of a public health concern pertaining to airborne asbestos fibers following disturbance.

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Wednesday, July 04, 2012

Happy 4th of July! Celebrate Our Heros And Our Freedoms!

Happy 4th of July, the day we celebrate the founding of our Great Country!  Much blood, sweat, and tears (great name for a band) have been spilled to get to where we are today (please remember and honor our heros today who have served in the various wars - Revolutionary, War of 1812, Civil War, Spanish-American, WWI, WWII, Korean, Vietnam, Cold, Operation Freedom, Afganistan, and Iraq).  In addition, alot of breath, ink, and paper (not so great name for a band) has documented our ups and downs along the path to greatness.  As an American, I haven't always agreed with our direction (as many others at various times) but I have always been proud of my country.  No where else can you state your opinion without fear of being jailed or killed.  No where else do we have the opportunity to become as great or as little as we want to be.  No where else do we get a choice of who to vote for (kind of?).  Though we may disagree with each other on politics (I'm a Progressive, not a Liberal), sports (Go Mets and Steelers!), and religion (I'm a Taoist), in the end we are all Americans, we are all brothers and sisters, and together we can overcome anything!
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Wednesday, June 06, 2012

Assemblywoman Lupardo Sponsors Bill To Amend Asbestos Notification Fees

Assemblywoman Donna Lupardo is sponsoring Assembly Bill A09928, which will amend the notification fees for non-friable material.  This issue was discussed at Professional Abatement Contractors of New York's (PACNY) 2012 Environmental Conference.  The bill can be accessed at:  http://assembly.state.ny.us/leg/?default_fld=&bn=A09928&term=&Summary=Y&Actions=Y&Votes=Y&Memo=Y&Text=Y

Asbestos Thermal System Insulation on a Residential Ducts & Furnace
PACNY is supporting this bill, based on their research that many residential projects are not notified and are done illegally because of the steep fee structure.  Placing homeowners and occupants in danger.  In addition, because of recent flooding from natural disasters many homes have been condemned requiring them to pay the maximum asbestos notification fee of $4,000 to demolish the home.  This fee for demolition has been the subject of many articles regarding this cost that cities, towns, and villages are required to pay increasing the cost in doing demolition in the Southern Tier, Catskills, and other regions.  Visit the New York State Asbestos Group on Linked-in, regarding the discussion of this issue.

This is not the first time this issue has been discussed, a previous Senate Bill S748-2011 in the New York State Senate sponsored by State Senator Catherine Young wanted to modify the fees that residential one & two family owner occupied homes paid in doing asbestos abatement work - capping the notification fee at $500.

We agree that the notification fees need to be addressed, especially for residential work.  Though not convinced that the fee should be addressed in this manner.  Senator Young's bill handles it much simply and probably should be expanded to include residential homes/houses slated for demolition (or controlled demolition by a municipality).
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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...