Asbestos Training Providers in New York State are Shutdown Due to Covid-19

New York State Department of Health (NYSDOH) has alerted us that NYS asbestos safety training has been deemed a non-essential service during COVID19, in accordance with Executive Order 202.6.  All asbestos training providers should discontinue providing asbestos safety training courses, effective immediately. The New York State Department of Labor (NYSDOL) is temporarily extending Asbestos Handling Certificate deadlines to help with this. More information from the NYSDOL can be found here  https://labor.ny.gov/workerprotection/safetyhealth/temporary-rules-licenses-certifications-exams.shtm.

Chrysotile Asbestos Cobbing Station

Asbestos training providers will be notified when these restrictions have been lifted.  Providers should not notify for classes until the restrictions have been lifted.  There is no need for an asbestos training provider to send cancellations for the classes already scheduled during the closure, NYSDOH will automatically cancel these classes.

Future Environment Designs Keeping Your Employees Safe

Obviously, Future Environment Designs Training Center (FEDTC) will comply with these requirements and we will contact you once we are allowed to schedule classes, again.  We will be using this break to update our training materials with information we gained from recent Professional Abatement Contractors of New York (PACNY) Environmental Conference.

Respirable Silica Exposure

FEDTC would like to remind everyone that we also have some online safety courses that can be useful at this time to comply with various regulations.  Some of the courses we have include Occupational Safety & Health Administration (OSHA) hazard communication training; NYSDOL Public Employee Safety and Health (PESH) Right-to-Know/HazComm training; OSHA respirator user training; OSHA Class IV worker/Environmental Protection Agency (EPA) asbestos awareness training; OSHA respirable silica training; New York City Department of Environmental Protection (NYCDEP) investigator/supervisor/handler exam prep; and mold awareness.  Please visit our website to learn more about these courses at www.futureenv.com.  You can register there to take these courses or contact us for special pricing for ordering more than one of these courses.  Thank you!

Filtering Facepiece Respirator or a Dust Mask or N95 Respirator versus a Surgical Mask

Back in 2011 we posted this video from the Occupational Safety and Health Administration (OSHA) Respirator Safety Video discussing the difference between respirators and surgical masks is a very good video to better understand the difference between these two pieces of equipment that can protect you from particular hazards.

There is a lot of confusion currently (during the coronavirus pandemic) about the difference between these two items.  The video above gives you a basic understanding.  To expand on that information realize the surgical mask does not protect the user from what's in the air its not designed to be a filter.  It's designed to protect the public from what the individual wearing it has.  Hence its popularity in Asian countries where it is considered a courtesy to wear it when you're sick.  See the chart below for more differences.

The filtering facepiece respirator was designed for the purpose of being lightweight, easy to use, and protect workers from particulates in the air but they are single-use (they should not be used for more than 8 hours and you throw them away).  If you're interested in learning about this mask's history read this article written in Fast Company "The untold origin story of the N95 mask".  Unfortunately, like most respirators, these need to be fit tested to ensure they fit correctly and also need to be fit checked to ensure it is placed on the face correctly.  An interesting point is that air will take the path of least resistance, and that is why respirators need to be fit tested to make sure all the air goes through the filter(s).  It is also why workers with facial hair cannot wear tight-fitting respirators.  The facial hair creates a path of least resistance into the respirator.  Digg posted an interesting video that shows a person coughing and the difference between a surgical mask (designed to protect the public) and an N95 respirator (designed to protect the user).  Properly putting on and taking off the N95 respirator is also important to make sure all the air goes through the filter.  See the video below to ensure you are doing this correctly.  Remember you should follow the manufacturer's procedures when putting on or taking off the respirator.

One more point, don't touch the filter it could be contaminated.  If you do immediately wash your hands or if unavailable use alcohol-based hand sanitizer.  If you're sick you wear the surgical mask and keep your distance (3 feet or arms-length or the preferrable 6 feet) or better yet stay home!  If you are trying not to get sick you wear the N95 respirator.  However, if you have not been fit tested with the respirator, have not performed the fit check, have facial hair, or not wearing it properly then the respirator would be better off in a Doctor, Nurse, or Emergency Responders hands to help them with the shortages they are experiencing.  Just keep your distance or better yet stay at home!!! 

Related articles

• Importance of Respiratory Protection at Demolition or Disaster Sites (futureenv.blogspot.com)
• Importance of Personal Protective Equipment (futureenv.blogspot.com)
• Reportlinker Adds Global Personal Protective Equipment Industry (prnewswire.com)
• N95 Respirators and Surgical Masks (cdc.gov)
• September 5 is N95 Day - Whaaaaaat?? (futureenv.blogspot.com)
• Filtering Facepiece Respirator or Dust Mask.  Which is it? (futureenv.blogspot.com)

OSHA Fines Increase by 1.8%

On January 15, 2020, the Occupational Safety and Health Administration (OSHA) has increased the maximum civil penalties (fines) for serious, other-than-serious, and posting requirements to $13,494, from $13,260.  Failure to Abate violations has increased to $13,494 per day beyond the abatement date from $13,260 and Willful/Repeat violations have increased to $134,937 from $132,598.  These civil penalty increases were mandated by Congress, on November 2, 2015, through legislation that required all federal agencies to adjust their civil penalties to account for inflation.  OSHA increased their penalties on August 1, 2016, the link to our previous blog post discussing that increase is below.  Moving forward, as the legislation requires, the penalties will be adjusted each year based on the Consumer Price index.  Click here for the 2020 increase announcement.  OSHA will continue to do penalty reductions based on the size of the employer and other factors.  The OSHA January 10, 2020 details the penalty increase, minimum penalties, gravity-based penalty amounts, and serious willful penalty reductions.

Serious Violations will now be $13,494 each.

Related Articles:

• OSHA Fines Increase By 78%!  Will That Leads to an Increase in Safety Consulting & Training
• OSHA Fines Increase - Silica Rule Enforcement Ramps Up

Nassau County's Environmental Hazard Remediation Contractors License Added to Nassau County Fire Prevention Ordinance

In our mold refresher courses, we've been discussing the 2016 edition of the Nassau County Fire Prevention Ordinance.  This Ordinance now requires businesses that provide board-up services and restoration services must be licensed with the Nassau County Fire Marshall.  The Fire Prevention Ordinance defines restoration services as the act of cleaning or restoring a residential or commercial building damaged by fire, flood, hurricane, storm or other emergency events.  The Nassau County Fire Marshall charges a fee to be licensed, however, if a business has a home improvement or environmental hazard remediation contractors license issued by Nassau County Department of Consumer Affairs are still required to have the Fire Marshall License but are exempt from paying the fee.
   

Fire Restoration Companies Must Be Licensed with the Nassau County Fire Marshall

If you are wondering what is an Environmental Hazard Remediation Contractor license?  This is a license created by Nassau County Local Law No. 13-2014 that requires "Licensing of Environmental Hazard Remediation Providers" or in other words environmental contractors.  However, environmental contractors are defined as "any person who or legal entity that, contracts with an owner or an owner's agent to inspect a suspected environmental hazard or to implement any measure or measures that result in the remediation of an environmental hazard in a building."  This definition means both consultants and contractors have to be licensed.  Even more amazing is the definition of Environmental hazard.  "Environmental hazard(s) means any condition that constitutes an indoor air quality violation as defined by any United States statute or regulation, any New York State Law or regulation, any local law or any regulation promulgated by the Commissioner of Consumer Affairs, and which hazard was caused by fire, flood, storm, chemical spills, dust, sewage, mold, pathogens or other biological contaminants and not caused by the presence of asbestos or lead."  Not totally sure what isn't covered, under this definition.  

Flood Damage & Mold are Environmental Hazards under Local Law 13-2014

The Local Law 13-2014 requires two licenses, environmental contractors have to get the Environmental Hazard Remediation Provider (EHRP) License ($1,300 for a two-year license, renewal fee is $500 every two years) and the Environmental Hazard Remediation Technician (EHRT) License ($110 for two-year license, every two years).  The EHRT shall be issued to an EHRP or their principal(s) and any person employed by, seeking employment by or under contract to a EHRP for the purpose of environmental hazard assessment and environmental hazard remediation.  It does allow an EHRT to supervise up to 10 unlicensed employees or contractors performing remediation or remediations.  To get the EHRT license the applicant must show proof that they have taken the following courses:

• OSHA Safety Standards for Construction or General Industry - a minimum of 10 hours
• NYS Asbestos Handler - a minimum of 32 hours
• EPA Lead Worker - a minimum of 16 hours.  Lead RRP is NOT sufficient
• Hazardous Waste Operations (HAZWOPER) - a minimum of 40 hours
• Microbial Remediation - a minimum of 24 hours
• Water damage restoration - minimum 20 hours or Institute of Inspection, Cleaning Restoration Certification (IICRC) WRT Certification
• Fire damage restoration - a minimum of 16 hours or IICRC FSRT Certification
• PCB Awareness - a minimum of 4 hours
• Bloodborne pathogens - a minimum of 4 hours
• Infection control risk assessment - a minimum of 4 hours
• Proof of a valid lead and asbestos abatement licenses.

170 hours of training, is a lot of training!

The above list consists of 170 hours of training.  It is interesting to note to get an asbestos abatement license you need to take an NYS asbestos supervisor - a minimum of 40 hours and to get the EPA Lead Remediation License you must be an EPA lead supervisor - a minimum of 32 hours.  Nowhere in this list of topics is a supervisor course, considering that the EHRT will be allowed to supervise up to 10 unlicensed employees/contractors that seem very lacking.  In addition, there is no assessment class in this list.  Most of us in the industry would agree that this list should be the minimum training for the remediation workers in the restoration/remediation industry.  This list should not be the training requirements for the principals/supervising employees of an EHRP.  In our opinion, EHRP principals/supervising employees should have a minimum certification from American Council for Accredited Certifications, American Board of Industrial Hygiene, Board of Certified Safety Professionals, or another national, non-profit certifying body which:  

• is accredited by the Council of Engineering and Scientific Specialty Boards (CESB) and/or the American National Standards Institute under ANSI/ISO/IEC 17024, and 
• is wholly independent of training organizations, membership organizations, and industry trade associations.

In addition, the Local Law does not address the conflict of interest issues that arise from these types of projects.  In our opinion, the local law should have this language to address conflicts of interest:

• Individuals or legal entities shall not conduct environmental assessments for a period of one year on projects for which they have conducted environmental remediation services.

• Individuals or legal entities shall not conduct environmental remediations for a period of one year on projects for which they have conducted environmental assessments.

We have written to our representative on the Nassau County Legislature (click on the link to see our letter) and have not gotten very far.  We suspect that is because we are only one voice and we need the industry to write to the legislature to get some traction on this.  We plan on sending another version of this letter in the next week or two.  We may not all agree on what changes need to be made, but we all agree that it needs to change.  Under the current version, very few contractors and no consultants would become license under this local law.

Related Articles:

• Mold Legislation Threatens Restoration/Remediation Industries
• Super Storm Sandy Cleanups, Educate Yourself
• NYC Department of HPD Proposes Rules to Implement Indoor Allergan Hazards Legislation

Future Environment Designs wishes all of you a Merry Holidays and a Happy New Year for 2020!

Future Environment Designs (#FEDTC) wishes you and your family a Merry Holidays and a Happy New Year.  As we say goodbye to 2019 and 2010 decade, it is a good time to reflect on all we accomplished in the last decade, including:

• Future Environment Designs achieving over 30 years in business.  Including writing a book called "Do As I Say, Not As I Did" about the experience.
• We have successfully added online registration for all our courses.
• We have created several online courses including NYCDEP Exam Prep, Asbestos Awareness, Hazard Communication with a New York State Department of Labor Right-to-Know component, Respirator User and OSHA Crystalline Silica Standard for Workers.  Expanding our client's ability to provide training for its workers. 
• We have digitized the course evaluation process.  To see how our students have been rating our courses visit our Coursecheck website.
• We have automated most of the reminder process.
• We have converted most of the asbestos and mold refresher courses into blended learning courses.
• We have continued to establish FEDTC as a resource of information.  Maintaining our position as a leading training provider in New York State.

2019 Rockefeller Center

As we say hello to 2020 and we look forward to the coming decade, the time is coming to hand over the reins of Future Environment Designs to a younger generation.  We expect this process to take most of the decade to ensure our clients are still provided the level of information and service they have come to expect from Future Environment Designs.  We expect more digitizing and blending of the courses moving into the future, including:

• All exams being moved online.
• Shopping cart added to the website.
• Revision of the website making it more mobile-friendly. 
• New online courses including Bloodborne Pathogens, Respirator Administrator, PCB Awareness, etc.

We are looking forward to seeing all of you in 2020 and during the upcoming decade.  We are also excited about the changes and opportunities coming our way.  Again, we wish you & your family a Merry Holidays and a Happy New Year!!!

Merry Holidays and a Happy New Year