Future Environment Designs Training Center's Blog

Friday, July 22, 2016

PACNY's Annual Pro/Am Fishing Tournament Was A Whale of a Good Time!

As we write this post, we are snacking on some of the salmon we caught and cured during this year's fishing derby. It is absolutely delicious! Creamy & buttery with a little hint of peat. Love eating it plain, it doesn't need any garnish or bread. Oops! Sorry we're getting carried away. The third annual (really the fourth annual, last year the weather was too rough to go fishing) Professional Abatement Contractors of New York's (PACNY's) Pro/Am Fishing Tournament (you say tournament, we still like derby) was a success. There was 18 boats that went out of Point Breeze at Oak Orchard Creek to brave the Lake Ontario waters and see what we could catch this year. A big THANK YOU to PACNY for again sponsoring this Tournament, giving us more opportunities to get together and network. Here was this year's lineup of PACNY members and the boat they were on:

Lining Up for the Shotgun Start

Abscope on the Chrysalis

Cornerstone Training Institute on the Sunrise II

Cornerstone Training Institute 2 (NRC) on the Legacy

Paradigm Environmental on the Free Spirit

Future Environment Designs on the Catchin Hell

Aramsco on the Runnin Rebel

LeChase on the U-Betcha

Rochester Environmental on the Irish Thunder

Envoy on the Rusty Lure

Environmental Contracting and Construction on the Reflection

AAC Contracting Inc on the Troutman

AmVets courtesy Sullivan Contracting on the Intimidator

United Rentals Rochester on the Screaming Reels

Dival Safety on the Reel Excitement

Dival Safety #2 on the Just Eleven

ECG on the Richmond 4

Greenleaf/Watts on the Rally Killer

AAC Contracting Inc #2 on the Shotgun

The day started out beautifully with a nice sunrise over Lake Ontario. We started loading the boats around 5:50 in the morning. PACNY's Darren Yehl organized the event again and was as efficient as the attendees allowed. Everybody was ready for the shotgun start at or about 6:30. As our usual we took the luck of the draw and this year our boat was named "Catchin Hell", with Captain Tom and first mate Mike.

Sunrise over Lake Ontario

It was a beautiful day out on the lake. The sun was hot but there was a nice breeze. We caught three king salmon, two steelhead trout and one rainbow trout. Veronica Garcia caught the big fish this year and the one that got away "coulda been a contender!" After the weigh-in, we enjoyed a delicious lunch at the Black North Inn, while being serenaded by Acoustically Sound. This year's prizes and the winners were:

Big Box of Three Fish: 1st: $350 2nd: $200 3rd: $100

Biggest Fish: 1st: $350 2nd: $200 3rd: $100

The final weigh-in numbers!

Though this year we didn't finish in the money, we still had a great time and we brought home a lot of fish. This year we tried a new recipe for salt/sugar curing the salmon. We even created our own version of the cure by adding Islay Scotch Whiskey to the cure. Needless to say we're in-love with our recipe. For the original recipe visit GNOLLS.org. Plans are already being set in motion for next year's fishing derby (tournament). We would like to host our own boat next year. If you think you would be interested send us an email so we can start making plans. The Tournament is always on a Wednesday and usually the second or third one in July. We're already looking forward to the adventure!

Veronica Garcia, Capt. Tom , & the Big Fish!

Asbestos Dust Sampling in New York State

In our recent asbestos inspector/designer classes we have been informing them about the New York State (NYS) requirements for dust/surface sampling. Under NYS Department of Labor (NYSDOL) Industrial Code Rule 56, dust and debris are listed as suspect miscellaneous asbestos containing materials (ACM). Meaning that if the building was built pre-1974, this debris and dust that is visually assessed by the inspector shall be treated and handled as ACM and shall be assumed ACM, until bulk sampling is done. Well the question comes how do you bulk sample debris and dust?

Asbestos Inspector Initial Course

The best way is to collect the debris and dust by scraping it into a asbestos sample bag using a knife or a scraper. This material could then be analyzed using NYS Department of Health (NYSDOH) Environmental Laboratory Accreditation Program (ELAP) method 198.1. NYSDOH ELAP method 198.1 is the standard polarized light microscope method utilizing dispersion staining and point counting.

Another popular method for collecting debris and dust samples is the American Society of Testing and Materials (ASTM) standard "D5755 - Microvaccum Sampling and Indirect Analysis of Dust by Transmission Electron Microscopy for Asbestos Structure Number Concentrations" The D5755 method requires vacuuming a known surface area (100 squared centimeters is mentioned in the standard but it could be larger or smaller). The vacuuming is done with a standard 25 or 37-millimeter air sampling cassette (the air sampling cassette should have a mixed cellulose ester (MCE) or polycarbonate (PC) filter membrane with a pore size less than or equal to 0.8 micron) and an air sampling pump. A plastic tube should be attached to the inlet orifice to act as a nozzle and should be cut at a 45 degree angle. The air sampling pump should be calibrated to run at 2 liters per minute. The D5755 method incorporates a method of analysis for the sample, however, in NYS that method cannot be used. According to the NYSDOH ELAP Frequently Asked Questions (FAQ) number 8, "all bulk samples collected must be analyzed by ELAP approved methodology at an ELAP accredited laboratory. ASTM method D5755 ....... are not certified as ELAP approved methods of analysis." The method of analysis that shall be used, especially if you want transmission electron microscope analysis, is NYSDOH ELAP method 198.4.

SKC Catalog Photo

ASTM standard "D6480 - Standard Test Method for Wipe Sampling of Surfaces, Indirect Preparation, and Analysis for Asbestos Structure Number Concentration by Transmission Electron Microscopy" is another method for collecting debris and dust samples. This method involves wiping a surface of a known area (100 squared centimeters is mentioned in the standard but it could be larger or smaller) with a wipe material (particle free, sealed edge, continuous filament cloth sampling medium such as a clean room wiper) to collect a sample. See the video below by IAQTV for visual instructions on collecting this type of sample:

The D6480 method also incorporates a method of analysis for the sample, however, again in NYS that method cannot be used. According to the NYSDOH ELAP Frequently Asked Questions (FAQ) number 8, "all bulk samples collected must be analyzed by ELAP approved methodology at an ELAP accredited laboratory. ASTM method......and D6480 are not certified as ELAP approved methods of analysis." The method of analysis that shall be used is NYSDOH ELAP method 198.4.

The interesting part about this is, NYS ELAP approved laboratories should be advising asbestos inspectors they cannot use the ASTM methods of analysis. However, we've heard of several times when this has not occurred. According to the above information, an inspector should be getting results for the samples collected in percent by weight (%), which they can then use to compare with the Environmental Protection Agency's (EPA's) definition that an asbestos containing material contains greater than 1% of asbestos by weight. If they use the ASTM methods they will get results of structures per square centimeter. There is no government standard to compare these results to and be able to give a determination is the material asbestos containing or not. However, that has not prevented individuals from determining that areas are contaminated, or that debris or dust is ACM. This has cost owners thousands and millions of dollars to cleanup areas based on this analysis. It is even more interesting to note that ASTM in the "Significance and Use" section states:

This test method does not describe procedures or techniques required for the evaluation of the safety or habitability of buildings with asbestos-containing materials, or compliance with federal, state, or local regulations or statutes.....
At present, a single direct relationship between asbestos sampled from a surface and potential human exposure does not exist.....

When using the two ASTM methods, an inspector must be very careful in collecting the samples and interpreting the data that you get from these methods. Experience and knowledge are key.

Tuesday, April 19, 2016

Environmental Information Association 33rd Annual Conference & Exhibition 2016

This year the American Council for Accredited Certifications (ACAC) held its executive board meeting the weekend the Environmental Information Association's (EIA's) 33rd Annual Conference & Exhibition started. Giving us the opportunity to attend this organization's conference for the first time. We've been a member of EIA since we joined the Professional Abatement Contractors of New York (PACNY). This is another benefit of becoming a member of PACNY The mission statement for the EIA, formerly known as the National Asbestos Council, is "it's multi-disciplinary membership will collect, generate and disseminate information concerning environmental health hazards to occupants of buildings, industrial sites and other facility operations."

The 33rd Annual Conference & Exhibition was held March 6-9, 2016 at the Tropicana Las Vegas Hotel, Las Vegas, Nevada. The twitter hashtag for the conference was #EIAPROUD & #EIA2016 and Future Environment Design's twitter hashtag for the conference was #FEDTCEIA. The conference was definitely full of information concerning environmental health hazards between the exhibition hall and the presentations. We definitely were quite impressed with scope of the presentations. The presentations ran in sessions so there were side by side presentations. This was a disadvantage of the conference with so many presentations running at the same time we had to miss a few presentations that coincided with other presentations we wanted to hear. One presentation we missed was Mr. Lee Poye's presentation on "Cumulative Summary of the Variety, Size, and Aspect Ratio of Respirable Elongated Mineral Particles (REMPs) Compiled During Analysis of over 400 Human Lung Tissue Samples". From those who attended the presentation, the data provided information regarding the type and size (0.5 micron and smaller) of REMPs most commonly encountered in human lung tissue effected by asbestos related disease.

Dan Lier's Presentation was Inspiring & Interactive

The presentation by Mr. Dan Lier, "Maximize Your True Potential" was inspiring and had several attendees quoting him throughout the conference. Several presentations we attended provided significant information for our future classes. We attended Mr. Vincent Brennan's & Mr. Chris Walker's presentation on the University of Vermont's confined space program in relation to the new Occupational Safety and Health Administration's (OSHA's) confined spaces in construction standard. Major points from this presentation was the importance of rescue services and the importance of practicing rescues in the confined space you may need to make a rescue in. Mr. Guy Sylvester's, of Absolute Resource Associates, presentation was on the "Mold Legislation for New Hampshire" which provided insight into the legislation process of how a mold law can come into being (probably some similarity to how it happened in New York). Mr. Adam Andrew's, of ACAC, presentation on "Certification: Asset or Liability?" provided additional information regarding the levels of certifications and the advantages of being certified. Linda Reinstein's, of Asbestos Disease Awareness Organization (ADAO), asbestos presentation was loaded with information and passion as usual. Peter Delucia & Gregg Mance's, of ACC Contracting, presentation "Asbestos Q&A: Inconsistencies & Ambiguities in the Regulation" had some technical glitches but was well researched and thought out. Ms. Amy Hensley's, of the Environmental Protection Agency (EPA), presentation "PCBs 101" provided significant information on the history, regulations and handling of polychlorinated biphenyls (PCBs).

Grayling Industries during Vendor Introductions

The exhibition hall was where box lunches were eaten and the vendor introduction on Tuesday night with the happy hour was informative, too. Graylings Industries, Aramsco, & Fiberlock were some of the exhibitors we typically see at the PACNY conference, along with EMSL & RJ Lee Group. Two interesting exhibitors were InspectManager a mobile inspection system and Mycometer, a rapid microbiology - on-site technology. Both exhibitors were very interesting and had presentations on their products. The Mycometer information we've added to both our New York State Mold Assessment & Remediation classes. Overall we were quite impressed with the presentations and the information we gathered from this event. The EIA's next event is there Fall Technical Seminar being held on October 14, 2016 at Rosen Shingle Creek, Orlando, Florida. We'll be going this year and we hope to see you there!

Another Great PACNY Conference - Part Two (futureenv.blogspot.com)

Another Great Conference! PACNY Does It Again! - Part One(futureenv.blogspot.com)

NYSDOL Roundtable Highlight of PACNY Environmental Conference(futureenv.blogspot.com)

Tuesday, March 29, 2016

Another Great PACNY Conference - Part Two

As we discussed in our previous post, the Professional Abatement Contractors of New York's (PACNY's) 20th Annual Environmental Conference was witty, intelligent, & had a magnetic personality. Held at the Turning Stone Casino in Verona, New York for all three days was magnetic with excitement. Wednesday night included the first annual PACNY Poker Tournament won by Mr. Chuck Kirch of Environmental Compliance Management Corp. However, we digress, the Technical Session on Thursday continued after lunch with presentations from Dr. Bryan Bandli, PhD of RJ Lee Group on the "Quantification of Amphibole Asbestos in Loose Fill Vermiculite - A validation case study" written with an eye to New York State approving it for bulk vermiculite analysis. Then Ed Cahill of EMSL presented on "Identifying and Dealing with Naturally Occurring Asbestos in Surveys". Exhibit Hall break followed and the issuing of the wrist bands for the Vendor reception after the last presentation.

Deb Sanscrainte of Aramsco, Lisa Brown of Summit Environmental the PACNY Adinistrator, & Lynn Burlingham of Cornerstone Training Institute

The final presentation of the Thursday Technical Session was Mr. Tom Laubenthal of The Environmental Institute (A division of ATC Group Services). Mr. Laubenthal's presentation was on the "American Society of Testing Materials (ASTM) E2356-14 Standard Practice for Comprehensive Building Asbestos Surveys" which included a letter from the Environmental Protection Agency (EPA) regarding the ASTM standard and its relevance in performing asbestos surveys for compliance with the National Emissions Standards for Hazardous Air Pollutants' (NESHAP's) "thorough inspection" requirement. The letter and the standard are extremely helpful information for performing a proper inspection in order to comply with the NESHAP regulations, which we will add to our asbestos inspector courses (a copy of the letter can be found at our Resource Page on our website, Click on the link to the Dropbox Folder. The letter is in the EPA folder). The day ended with the vendor reception in the Vendor Hall. One of the interesting vendors was qub9 Environmental which is creating portable decontamination units from shipping containers. Unfortunately, they didn't have a container at the conference to see how it would work. We thank everyone who stopped by our booth to say hello and enter there card for the drawing on Friday.

There were 27 vendors in the vendor hall and the reception was a perfect way to end the Technical Session first day.

It was an honor for me to present on Friday with Mr. Bob Krell of IAQ Tech on the New York State (NYS) Mold Law Article 32. A big Thank You! to everyone who encouraged me with my first presentation at PACNY. Our presentation was very well-balanced between technical and overview, in my humble opinion. The usual highlight of the last day of the conference is the panel from NYS Department of Labor (NYSDOL) led by Dr. Eileen Franko, Director of the Division of Safety and Health; which included Mr. James Meachum, P.E., manager of the Asbestos Control Program; Mr. Ed Smith, P.E. of the Engineering Services Unit; and "Mean" Mr. Kirk Fisher, manager of the License and Certification Unit. Some of the highlights of the presentations by the panel included changes to Industrial Code Rule 56; additional inspections of school districts regarding compliance with the AHERA (Asbestos Hazard Emergency Response Act) regulation (Long Island School Districts can expect to see NYSDOL this spring); there will be a public comment period for rules and regulations under the new mold law (Article 32) and an expectation that mold supervisors may need to be present at mold projects; code officials must provide condemnation letters for demolition projects; emergency projects are handled on a case-by-case basis and the information should be forthright and accurate; and what consists of a contamination assessment. Some of the changes to Code Rule 56 are removing the 1974 cut off date and adding responsibilities and teeth to the project monitor. The conference ended with lunch and a final networking among attendees.

FED Team (Kimberly Granmoe, Sheryl Esposito, Veronica & Angelo Garcia III) at the Vendor Reception

Overall the conference was an excellent source of information, the presentations have helped to improve our classes, and was an excellent networking event in meeting regulators, suppliers, trainers, consultants and contractors. If you missed the conference and you want to get some additional highlights, you can head over to Twitter and search for our tweets during the conference under the hastag #FEDTCPACNY. We look forward to attending next year's event (scheduled for March 1-3, 2017, so save the dates) and hope to see you there!

Monday, March 21, 2016

Another Great Conference! PACNY Does It Again! - Part One

This year, 2016 in the Chinese New Year is the year of the Monkey. Monkeys are witty, intelligent and have a magnetic personality. Well that description pretty much describes the 20th Annual Environmental Conference held by the Professional Abatement Contractors of New York (PACNY) this year. The three day conference started with the Third Annual Proficiency Day on Wednesday, February 24 and finished on Friday, February 26 with the New York State Department of Labor (NYSDOL) panel led by Dr. Eileen Franko. Each day was a wealth of information and networking. With such a strong line-up there were quite a few people from all over New York State, New York City and Long Island at the conference (several people we haven't seen for quite a few years). This year's conference was the most attended conference ever.

Mr. Kevin Malone Presenting Asbestos Training Stats for 2015

The Third Annual Proficiency day, which had 105 attendees versus last year's 72 attendees, started with Mr. Kevin Malone, Director of the New York State Department of Health (NYSDOH) Asbestos Training Program, giving us an update on the asbestos training program and the goals of the program to "bring consistency to training, elevate training standards, and ensure a competent workforce". Dr. Eileen Franko of NYSDOL, followed with an update on the NYS mold training program. Dr. Franko's update included clarifications of mold law and emphasizing that the law is a "consumer protection law." Ms. Theresa Bourbon of the Environmental Protection Agency (EPA) explained the changes to the Renovation, Repair, & Painting (RRP) Training Program regarding hands-on component training and violations cited in Fiscal Year 2015. Those violations included: "93% of cases involved "paperwork" violations, 69% of cases involved firm certification, and 40% of cases involved "work" violations. Finishing the day was Mr. Doug Miller of the Rochester Institute of Technology an Occupational Safety and Health Administration (OSHA) Education Center discussing the Outreach program and new OSHA outreach cards that will be issued (for construction, general industry, & maritime). The President's reception (the current President is Mr. Sean Hart of Energy and Environment President's reception) was entertaining and featured "Dan the Magic Man!".

Ms. Deb Sanscrainte of Aramsco, Chairwomen of the PACNY Conference

The Technical Sessions began on the second day of the conference, with the hall holding 227 attendees versus last year's 197 attendees. Ms. Deb Sanscrainte of Aramsco, chairwomen of the conference, welcomed everyone. Opening Remarks from Mr. Brent Kynoch of the Environmental Information Association (EIA) and Mr. Thomas Meade, the Executive Director of PACNY followed. The first session was Mr. Ed Cottingham of the Zonolite Attic Insulation Trust discussing the history of the trust and how it is paying for the removal of zonolite attic insulation. The next presentation was on Polychlorinated Biphenyls (PCBs) in building materials presented by Dr. Dan Leftkowitz followed by Mr. Steve Fess of Xerox Corporation discussing an update on the American Industrial Hygiene Association's (AIHA) "Guidance Document on PCBs in the Built Environment." After a break in the Vendor Hall, the next presentations were on silica by Dr. Michael Lax, MD of Upstate Medical University, discussing diagnosis treatment & prevention of silica related disease; Mr. Jeff Prebish, CIH of OSHA, discussing OSHA's proposed respirable crystalline silica rule; and Mr. Jim Sorel, CIH of Industrial Hygiene Consulting Services, discussing silica sampling methods and protocols. The set-up of the sessions for the silica presentation was outstanding and assisted with information gathering. At this point, the conference broke for a buffet lunch. While PACNY held a meet & greet session just after lunch, to encourage membership in PACNY. The conference continued after lunch and in our next post will discuss the rest of the conference.

Tuesday, February 16, 2016

Just Over A Week Away - 20th Annual PACNY Environmental Conference

Just about 9 days away is the premier environmental conference for New York State. The Professional Abatement Contractors of New York's (PACNY's) 20th Annual Environmental Conference is being held at the Turning Stone Casino in Verona, New York from Wednesday, February 24 to Friday, February 26, 2016. The conference seems to get bigger and bigger each year. Attendees come from all over New York State and even from adjacent States. Register here for the conference. For more information about the conference visit PACNY's website. See the promo video here.

PACNY convention at Turning Stone Casino from Tisa Zito- Old Soul Productions on Vimeo.

This year's conference should be another good one since it is the first conference since Article 32 New York State's (NYS's) Mold Law is in effect. We are looking forward to Dr. Eileen Franko's presentation on New York State Department of Labor's (NYSDOL) update on the Mold Training on Wednesday and her leading the NYSDOL's panelists on Friday. For those of you who don't know NYSDOL is charged with enforcing the new NYS Mold Law and has been enforcing NYS's asbestos regulations (Industrial Code Rule 56). Joining Dr. Franko on Wednesday, will be other training regulators like Mr. Kevin Malone of NYS Department of Health (NYSDOH) updating us on asbestos training, Ms. Theresa Bourbon of Environmental Protection Agency (EPA) updating us on the Lead Renovator, Remodeling, & Painting (RRP) training, and Mr. Doug Miller from the Occupational Safety and Health Administration (OSHA) Outreach Education Center updating us on OSHA education updates.

Thursday's technical session will include presentations on Vermiculite & Zonolite by Mr. Ed Cottingham of the Zonolite Trust Fund and Mr. Bryan Bandhi of RJ Lee Group; Silica presentations from Mr. Jeffrey Prebish of OSHA, Dr. Michael Lax MD, and Mr. Jim Sorel CIH; Polychlorinated Biphenyls (PCBs) from Dr. Daniel Leftkowitz; and Asbestos presentations from Ed Cahill of EMSL and Tom Laubenthal. After the presentations, there will be the usual cocktail & networking party in the vendor hall. Visit Future Environment Design's (FED's) booth and meet Ms. Kimberly Granmoe and Ms. Sheryl Esposito, who will be giving out glove-guard gifts to all those who sign up for our Safety Suzy Monthly Newsletter along with a chance to win a $50 Amazon gift card.

Friday's session begins with Mr. Bob Krell of IAQ Tech and Mr. Angelo Garcia, III of FED discussing the NYS Mold Training. Then finishes with the NYSDOL panel discussion hosted by Dr. Eileen Franko, including Mr. James Meacham PE, and Kirk Fisher. It should be quite an informative conference. Hope to see you there!

Tuesday, January 26, 2016

Happy New Year! 2016 Brings New Regulations Merging With Annual Deadlines!

Happy New Year everyone! 2015 went out with a bang, especially with many people preparing for the new laws taking effect in 2016. The biggest impact law is New York State's Article 32 (known as the Mold Law) requiring all companies advertising themselves as doing mold remediation or mold assessment will need to be licensed. Also any worker performing mold abatement needs to be licensed, also. Needless to say our schedule has been overwhelmed holding these classes preparing companies for this new licensing requirement. This law also requires an independent mold remediation plan written by a mold assessor. Requires a mold assessment and mold remediation contractors to be independent of each other on the same property.

Recent Mold Remediation Course

Don't forget that the annual posting of the OSHA log form 300A for injuries and illnesses must be posted by February 1, 2016. See our previous posts regarding this issue.

Don't Forget to Post Your Company's OSHA 300A Form

The new OSHA confined spaces in construction standard went into effect August 3, 2015. However, OSHA has two temporary enforcement policies that delay the enforcement of the standard for employers making "good faith efforts" to comply with the standard. The first one expired on October 2, 2015 which was for all employers. While the second one applies to employers working on residential construction that will expire on March 8, 2016.

The OSHA hazard communication standard 1910.1200 on December 1, 2015 required distributors to comply with the new labeling requirements. The standard becomes fully implemented on June 1, 2016. Meaning your hazard communication program, your chemical inventory, safety data sheets, and labeling should be in compliance with the Globally Harmonized System (GHS).

Changes are happening to the OSHA outreach program. This is the program that authorizes the OSHA 10-hour & 30-hour construction safety training programs. Starting March 1, 2016, OSHA will be issuing new cards that will be made of plastic (credit card style) and have a QR code for authentication. The new cards will allow for electronic verification of the card to make sure it is valid.

A long string of new things on the horizon. If we can assist you in any way in complying with any of this let us know. Be Safe!

Monday, October 12, 2015

Future Environment Designs Approved For All NYS DOL Mold Courses

We are happy to announce that New York State Department of Labor (NYSDOL) has approved Future Environment Designs, Inc to train the Mold Assessor Course (4 days of training), the Mold Contractor Remediation Course (3 days of training), and the Mold Abatement Worker Course (2 days of training). Visit our website for the current training schedule that now has proposed training dates for all three courses. In addition, remember we can do these courses with our at your convenience service.

Water Intrusion left longer than 48 hours, mold growth.

Now that we are approved for these courses, here are some interesting points:

NYSDOL will start accepting applications for these licenses on November 16, 2015.
Under Article 32, all mold assessors, mold remediation contractors, mold supervisors, and mold workers must be licensed by January 1, 2016.
The mold assessor is the person who will be making most of the decisions on how the remediation will proceed on a project. The assessor in a sense (using asbestos terms) is the inspector, designer and project monitor/air sample technician (daily monitoring not required under the standard only clearance) for the remediation.
The mold contractor remediation course is not only for the owner (s) of the remediation company, it is also for the estimators, and supervisors of the workers.
Obviously, the mold abatement worker course is for all workers working on the remediation.
For the training providers the fee for course approval was $500 which was at the low end of the scale mentioned in the law. Based on this we suspect the licensing fee for mold workers and supervisors will be $50 per worker. The mold assessor will be at $150 per worker. The remediation contractor will be $500 per contractor.
When mold assessors submit for their license they will have to show proof of workmen's compensation and liability insurance (at least $50,000 coverage). Meaning you will have to use your employer's insurance or submit your own insurance.
NYSDOL's mold website continues to grow and provide more and more information. The most recent additions are:

a flow chart graphic that indicates the required training course to obtain mold-related licensing.
Second addition to the NYSDOL website is a link to the webpage titled Home Inspectors & Mold Assessment Licensing. The webpage explains when a home inspector needs to be licensed as a mold assessor. Based on this page it says home inspectors need to be licensed if their inspections/reports include an assessment of mold conditions in the home or property in question. Based Labor Law Article 32, a mold assessment is "an inspection or assessment.....that is designed to discover mold, conditions that facilitate mold, indication of conditions that are likely to facilitate mold, or any combination thereof."

Most of the work practices will probably come from the Environmental Protection Agency's (EPA) and the New York City Department of Health's (NYCDOH) guidance documents with some references to S520 from Institute of Inspection Cleaning Restoration and Certification (IICRC).

We are still waiting for the written regulations, though we suspect these will take time and the training that will be provided will be the basis of the eventual regulations. Only time will tell where these regulations will end up.

Tuesday, September 01, 2015

NYC's Legionnaire Outbreak Over, Leading to New Requirements for Building Owners.

The recent legionnaire's disease outbreak in the Bronx, is over according to the New York City Health Department. The impact of this disease outbreak seems to have not had an impact on the Opera House Hotel (according to the New York Times) which was at the center of the outbreak. A far cry from the first legionnaire outbreak back in 1976. That outbreak caused the closing of the Bellevue Stratford Hotel, four months after the outbreak and it did not reopen until 1979.

English: Bellevue-Stratford Hotel, Philadelphia (Photo credit: Wikipedia)

Legionnaire's disease is caused by a common gram negative rod-shaped bacterium called Legionella. It is widely distributed natural inhabitant of waters. There are approximately 50 species and 70 serogroups have been described. The 1976 occurrence in Philadelphia had 221 people that were treated and 34 deaths. Legionella bacterium was found in the cooling tower of the hotel's air conditioning system.

Legionnaire's disease symptoms include fever, chills, cough, muscle aches, headache, tiredness, loss of appetite, loss of coordination and occasionally diarrhea and vomiting. Typically takes 2-10 days to incubate. Many cases go undiagnosed and transmission is not person to person. It is treatable with antibiotics if diagnosed early enough.

The infection occurs from inhaling water droplets that originated from a water source contaminated with Legionella. Typical manmade sources include cooling towers, evaporative coolers, hot water systems, showers, whirlpool spas, architectural fountains, room-air humidifiers, ice-making machines and misting equipment. Environmental sources are freshwater ponds, rivers and creeks.

A forced draft cooling tower (Photo credit: Wikipedia)

Commonly used method of analysis is the methodology from the Centers for Disease Control (CDC) which involves collecting a sample of the water source. Culture Analysis is considered the "gold standard" and analysis can take 10-14 days. The OSHA Technical Manual offers the following guidelines for interpreting Legionella analysis results (numbers are in colony forming units per milliliter (cfu/ml)):

ACTION    COOLING TOWER   DOMESTIC WATER    HUMIDIFIER

  1                     100                           10                     1

  2                    1000                         100                    10


Action 1: Prompt cleaning and/or biocide treatment of the system.

Action 2: Immediate cleaning and/or biocide treatment.

As part of the outbreak, the New York City Commissioner of Health and Mental Hygiene (DOHMH) issued a mandatory order to have cooling systems inspected and remediated within 14 days of receipt of the order.  New York City has recently passed new requirements (Local Law 77 of 2015) for the registration of cooling towers and evaporating condensers.  Existing cooling towers and evaporative condensers must be registered with the New York City Building Department (NYC DOB) by September 17, 2015.  Visit the NYC DOB website for more info.  The DOHMH order requires building owners to hire environmental consultants experienced in disinfection using current industry standard protocols including the American Society of Heating, Refrigeration, and Air-Conditioning Engineers (ASHRAE) Standard 188P and Cooling Technology Institute Guidelines WTB-148.

Disinfection will require the use of biocides, biocides are regulated by the Environmental Protection Agency (EPA) under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and by New York State Department of Environmental Conservation (NYS DEC). EPA regulates the labeling and use of biocides. NYS DEC requires a commercial pesticide applicator certification in Category 7G - Cooling Towers, Pulp & Paper Process.

Will these new requirements prevent another outbreak? Only if the regulations are enforced. There are many laws on the books, however, how many of them are enforced. You can almost say instead of "the devil is in the details", you should say "the devil is in enforcement". Be Safe!

Related articles

Monday, August 24, 2015

NYS Mold Law Changes, Licensing Requirement Goes Into Effect January 1, 2016

On July 25, 2015 Governor Andrew Cuomo signed the Chapter Amendments to Article 32 of the New York State Mold Law. The Chapter Amendments modify Article 32 adding new information, clarifying wording, and most importantly adding a deadline for licensing. The deadline for licensing is now January 1, 2016.

To assist people with the licensing requirements, Future Environment Designs has submitted three courses (mold worker, a two day course; mold remediation contractor a three day course; and mold assessment consultant, a four day course) for approval to New York State Department of Labor (NYS DOL). We are hoping to be approved before November so we can start holding these classes in November & December, 2015 (give us a call to make arrangements).

Mold Remediation Project in Nassau County. Licenses will be Required by 01/01/16.

NYS DOL has created a NYS Mold Program website. At present, it has the original legislation, the chapter amendments and sample course outlines for the three licenses, along with an FAQ.

In our blogpost on February 7, 2015 we discussed the details of the law. Some of the Chapter Amendments to Article 32, that revises the law include:

a modification of the definition of mold to "any indoor multi-cellular fungi".
Addition of the word "Project" and its definition, "means mold remediation, mold assessment, or mold abatement, of areas greater than ten square feet, but does not include (a) routine cleaning or (b) construction, maintenance, repair or demolition of buildings, structures or fixtures undertaken for purposes other than mold remediation or abatement." So licensing is not required for routine cleaning (this seems like it could be abused) and mold projects 10 (2' x 5') square feet (SF) or less.
The addition of "on a project" for what is unlawful. For example, "It shall be unlawful for any individual to engage in mold abatement on a project or to advertise or hold themselves out as a mold abatement worker unless such individual has a valid mold abater's license issued by the commissioner." The same has been added to the mold assessment & remediation licenses.
Changes were made to the minimum requirements to get a mold assessment license. Particularly a requirement for insurance to get the mold assessment license. The mold assessment business entity "must provide insurance certificates evidencing workers' compensation coverage, if required, and liability insurance of at least $50,000 providing coverage for claims arising from the licensed activities and operations performed pursuant to this article."
Substantial change to the minimum requirements for a mold remediation license include the elimination of the requirement for a financial statement audited by an independent auditor. Mold remediation license will require providing "insurance certificates evidencing workers' compensation coverage, if required, and liability insurance of at least $50,000 providing coverage for claims arising from the licensed activities and operations performed pursuant to this article."
Fees were changed. Mold Remediation license fee is to be between $500 - $1,000. Mold Assessment license fee is to be between $150 - $300. Mold Abatement (worker) license fee is to be between $50 - $100.
Exemptions have changed. Added to the list are "an owner or a managing agent or a full-time employee of an owner or managing agent who performs mold assessment [or], remediation, or abatement on a residential apartment building of more than four dwelling units owned by the owner provided, however, that this subdivision shall not apply if the managing agent or employee engages in the business of performing mold assessment [or], remediation, or abatement for the public;" and "a federal, state or local governmental unit or public authority and employees thereof that perform mold assessment, remediation, or abatement on any property owned, managed or remediated by such governmental unit or authority."
Nothing has really changed between the difference between assessment and remediation and the conflicts of interest between them.
One minor change was done to the minimum work standards which was a rewording and the replacement of "must" with "may". Basically removing the requirement of a containment, and allowing a remediation plan not to require containment.

Mold Licensing will not be required for projects 10 SF or less or routine cleaning.

Since NYS DOL has moved forward with the training requirements and has started the process of approving training providers, the next steps seem to be clarifying who is required to be trained for mold assessment and remediation (owners, supervisors, foremen, industrial hygienists, etc.). In addition, the standards for assessment and remediation need to be fleshed out for a better understanding of what is expected. Another words still alot to do between now and January 1, 2016. Tick Tock! Tick Tock!

Monday, July 20, 2015

Confined Spaces In Construction Goes Into Effect August 3, 2015

On August 3, 2015 the new Occupational Safety and Health Administration (OSHA) standard Subpart AA confined spaces in construction goes into effect (1926.1200-1213). This standard is very similar to the confined space standard in general industry (1910.146). OSHA recently announced that enforcement of the new standard is being postponed until October 2 to allow additional time for the construction industry to train workers and purchase equipment. OSHA will not issue citations to employers making a good faith effort to comply with the standard. Factors OSHA will consider if an employer is making a good faith effort to comply are:

If the employer has not trained its employees as required under the new standard, whether the employer has scheduled such training,
If the employer does not have the equipment required for compliance with the new standard, including personal protective equipment, whether the employer has ordered or otherwise arranged to obtain such equipment required for compliance and is taking alternative measures to protect employees from confined space hazards, and
Whether the employer has engaged in any additional efforts to educate workers about confined space hazards and protect workers from those hazards.

The standard does not apply to construction work regulated by:

Subpart P Excavations.
Subpart S Underground construction, caisson, cofferdams, & compressed air
Subpart Y Diving

The standard requires the employer to comply with this standard and any other provisions that are required in other standards that apply to confined space hazards (i.e., welding).

Like most standards it begins with definitions (1926.1202). Most of them are again similar to the general industry standard. For example the definition of a confined space means a space that:

Is large enough & so configured that an employee can bodily enter it;
Has limited or restricted means for entry and exit; and
Is not designed for continuous employee occupancy.

Confined Space Testing & Monitoring in Brooklyn

However, some of the more interesting changes entail the difference between construction and general industry. For example the definition for a "Controlling Contractor" is the employer that has overall responsibility for construction at the worksite. There is a note attached to this definition which indicates if the controlling contractor owns or manages the property, then it is both a controlling employer and a host employer.

Entry employer means any employer who decides that an employee it directs will enter a permit space. The note on this definition warns that the employer cannot avoid the duties of this standard by refusing to decide. OSHA will consider the failure to so decide to be an implicit decision to allow employees to enter those spaces if they are working in the proximity of the space.

The standard defines host employer as the employer that owns or manages the property where the construction work is taking place. This definition also has a note that states if the owner of the property on which construction activity occurs has contracted with an entity for the general management of that property, and has transferred to that entity the information specified in 1203(h)(1), OSHA will treat the contracted management entity as the host employer for as long as that entity manages the property. Otherwise, OSHA will treat the owner of the property as the host employer. In no case will there be more than one host employer.

The general requirement of the standard requires each employer (host employer, controlling contractor, & entry employer) must ensure that a competent person identifies all confined spaces…and identifies each space that is a permit space, through consideration and evaluation of the elements of that space, including testing as necessary.

Two interesting sections of the standard are 1926.1203(h) which dictates Permit Space Entry Communication & Coordination and 1926.1211 which dictates Rescue & Emergency Services. Permit Space Entry Communication & Coordination (Section 1926.1203(h)) spells out what is expected in the communication and coordination between the host employer, controlling contractor and the entry employer. While the Rescue & Emergency Services (1926.1211) spells out the requirements for an emergency/rescue service entity (1926.1211(a)) or if the entry employer will designate employees to provide permit space rescue and/or emergency services (1926.1211(b)).

According to OSHA this new standard will improve safety and protect nearly 800 construction workers a year from serious injuries and reduce life-threatening hazards. Training requirements for entrants, attendants, and supervisors are relatively the same as the general industry standard. Give us a call and we can provide this training, at your location or ours.