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Thursday, October 28, 2021

New Head of OSHA Confirmed by the U.S. Senate! Doug Parker Will Take the Reins!

 It only took the United States Senate 1747 days to confirm a new head of the Occupational Safety and Health Administration (OSHA)OSHA has been without a head since January 2017.  President Joseph Biden nominated Mr. Doug Parker on April 9, 2021, and the Senate confirmed him on October 25, 2021.  We have to remember that former President Donald Trunp nominated Scott Mugno in October 2017, but Mr. Mugno withdrew in May 2019 after waiting for 19 months for the Senate to confirm him.

Mr. Doug Parker, Assistant Secertary to OSHA

Mr. Parker had his Senate confirmation hearing held on May 27.  Obviously, many of the questions posed to Mr. Parker were related to the pandemic and the soon to be released OSHA emergency temporary standard regarding protecting workers from COVID-19 for General Industry.


Mr. Parker has served as the head of California Division of Occupational Safety and Health (CAL/OSHA) since September 2019.  In his confirmation hearing he defended CAL/OSHA's emergency temporary standard on COVID-19 and strongly defended OSHA's plans for a new emergency temporary standard.  Currently, OSHA's emergency temporary standard for COVID-19 only applies to healthcare and healthcare support service workers.

OSHA is 50 Years Old

It is obvious from his experince at CAL/OSHA and other similar safety-related organizations he has the skill set and leadership abilities to be the new head at OSHA.



Thursday, October 14, 2021

Should We Be Wearing Better Masks? The Best Face Covering Is The One That Is Worn Properly & Used!

We recently read two articles in The Atlantic called "Why Are Americans Still - Still! - Wearing Cloth Masks?" and "Why Aren't We Wearing Better Masks?" and another in Scientific American called "Why We Need to Upgrade Our Face Masks - and Where to Get Them".  All three articles discuss why Americans are still wearing cloth face-coverings now that N95 respirators (or the KN95 respirators, these respirators are made in China and are not approved by the National Institute of Occupational Safety and Health (NIOSH)) are more readily available (The NIOSH Science Blog discusses the roles NIOSH, Occupational Safety and Health Administration (OSHA) and the Food and Drug Administration (FDA) play regarding respiratory protection).  The articles mention a new study not peer-reviewed yet from Bangladesh which claims that wearing surgical masks decrease COVID-19 symptoms and antibodies by 11.2 percent, while cloth masks only led to a 5 percent decrease.  It proceeds to give several reasons why we continue to use face-coverings from public-health agencies not prioritizing surgical masks and N95 respirators to price to supporting one's sports team.  Two of the articles describe how face-coverings are far better than nothing and also saying how cloth masks are more eco-friendly (The Covid Crisis Is Now a Garbage Crisis, Too) giving face-coverings a backhanded credit for helping when nothing else was available.  The articles, in my opinion, even support the notion that we should be buying KN95 respirators even though they are not approved by NIOSH.  If anything shouldn't we be buying American-made N95 respirators so we can increase the demand and hence increase the supply of masks that are made here?  This was the subject of a New York Times article "Can't Find an N95 Mask? This Company Has 30 Million That It Can't Sell" and the Washington Post article "In the early days of the pandemic, the U.S. government turned down an offer to manufacture millions of N95 masks in America."

Two suppliers of N95 respirators

Let us first say as a person, who believes in the use of respirators and their importance in protecting individuals from exposure to hazardous substances (see all our posts regarding 9/11), we agree that N95 respirators or surgical masks would protect people better from SARS-CoV-2 than cloth face-coverings if worn correctly.  However, we would need to be able to provide each person N95 respirators (in their size either small, medium, or large) or surgical masks, make sure they had a sufficient supply to meet their needs, make sure the N95 respirator fits each person, make sure they understand how to wear the N95 respirator or surgical masks correctly, and finally, they are provided a means of disposal for the respirators or the surgical masks.  As you can imagine that would be a significant cost to the government (or tax-payers) and would require a significant undertaking to make sure every American would be protected by using N95 respirators or surgical masks.  Meanwhile, the biggest issue is whether we are talking N95 respirators, surgical masks, or face coverings they must be worn correctly to protect you, and remember facial hair reduces the effectiveness of all these face coverings.  See the chart below for various ways of improperly using face coverings.  The Centers for Disease Control and Prevention (CDC) website "Types of Masks and Respirators" was updated as of September 23, 2021, and provides information on types of masks and when to wear them and now includes a section on considerations for children.


Both these articles treat surgical masks and N95 respirators as simple items to wear and that anyone can wear them.  However, this is not a fact as we mentioned above N95 respirators require medical clearance, fit testing, and training all mandated by OSHA for individuals that are required to wear them.  As for surgical masks, we have to remember the ones that are typically sold to the public aren't actually surgical masks.  Surgical masks are cleared by the FDA, see the chart below for the difference between the N95 respirators and surgical masks.  Note that surgical masks do not provide the wearer with a reliable level of protection from inhaling smaller airborne particles.  This is for FDA-cleared surgical masks, which means the ones the public purchases probably aren't reliable either considering they are not cleared by FDA.

Surgical Masks vs N95 respirators

However, the use of cloth face-coverings has been shown to reduce the emission of virus-laden droplets (source control) and help reduce inhalation of these droplets.  The CDC website "Use of Cloth Masks to Control the Spread of SARS-CoV-2" which was last updated on May 7, 2021, provides some significant research on how the use of cloth face-coverings block the transmission of respiratory droplets with some face-coverings performing on par with surgical masks as barriers for source control.  In the section "Human Studies of Masking and SARS-CoV-2 Transmission" data regarding the "real-world" effectiveness of community masking is limited to observational and epidemiological studies with many of these showing significant levels of protection from wearing face coverings.  An example of one of these was "A study of an outbreak aboard the USS Theodore Roosevelt, an environment notable for congregate living quarters and close working environments, found that use of face coverings on-board was associated with a 70% reduced risk of transmission.

Note the circled area of the package (which means they are not surgical masks). 

It is our opinion, one of the main reasons face-coverings are better is because they are easier to use, easier to breathe through, light-weight, and because of these things more likely to be used and used correctly.  Wearing the face-covering correctly and using the face covering is what is helping reduce transmission of SARS-CoV-2.  So follow the CDC guidelines on when to use face-coverings and let's stop the spread!

Related Articles:



Sunday, September 12, 2021

20 Year Anniversary of 9/11, 10-Year Anniversary of the World Trade Center Health Program. Lesson Learned?

On September 11, 2001, Future Environment Designs (FEDTC) was teaching an asbestos supervisor refresher and an asbestos inspector initial course at the Underhill Blvd. Syosset office.  We were some of the fortunate individuals who were not in New York City when terrorists hijacked airplanes and proceeded to fly them into the World Trade Centers (WTC), the Pentagon, and crashed another in Pennsylvania.  On that day hundreds of thousands of people were exposed to a massive cloud of toxic gases and particulates from the terrorist attack on the WTC.  Significant failings by the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA) led to tens of thousands of people who participated in the ensuing rescue, recovery, and clean-up efforts being exposed to the WTC toxic dust.  Nearly a half million people are estimated to be at increased risk of adverse health effects from exposures to physical, psychological, and emotional stressors in the days, weeks, and months following the terrorist attacks.  This year we honor their sacrifice on the 20th Anniversary of the attack on the World Trade Center.  On January 2, 2011, the James Zadroga 9/11 Health and Compensation Act of 2012 (the Zadroga Act) created the World Trade Center Health Program (WTCHP).  The WTCHP is administered by the director of the National Institute for Occupational Safety and Health (NIOSH).  So this year is also the 10th Anniversary of the WTCHP.  

We have no intention of changing our logo which depicts the NYC skyline with the WTC.

The WTCHP provides medical monitoring and treatment of covered health conditions for emergency responders, survivors, recovery and cleanup workers, and volunteers who helped at the WTC, the Pentagon, and the crash site near Shanksville, Pennsylvania, and maintains a research program aimed to improve the care and well-being of the affected population.  The WTCHP serves four groups of people affected by the 9/11 attacks:

  • Fire Department of New York Responders,
  • World Trade Center General Responders,
  • World Trade Center Survivors (lived, worked, or went to school in NYC Disaster Area), and
  • Pentagon/Shanksville Responders

From Express - 9/11 firefighters still Dying 20 years on - Devastating graph exposes the harrowing impact

As of December 31, 2020, 108,666 individuals have enrolled in WTCHP.  The ten most common certified conditions are:

  • Chronic Rhinosinusitis
  • Gastroesophageal Reflux Disease (GERD)
  • Cancers
  • Asthma
  • Sleep Apnea
  • Post-Traumatic Stress Disorder (PTSD)
  • Chronic Respiratory Disorder - Fumes/Vapors
  • WTC-Exacerbated Chronic Obstructive Pulmonary Disease (COPD)
  • Anxiety Disorder (Not otherwise specified)
  • Major Depressive Disorder

As the years go by, it will be interesting to see if this list changes.  In FEDTC's asbestos training courses, we discuss the latency period for asbestos-related diseases (asbestosis, lung cancer, and mesothelioma) are 10-50 years from the date of the first exposure.  In the next 5-10 years we will hit the beginning of the latency period for lung cancer and mesothelioma.  Currently, cancers only account for about 13% of WTCHP certified conditions with non-melanoma skin cancer (27%) and prostate cancer (21%) being the top two cancers.  Comparison studies indicate that prostate and thyroid cancer are elevated compared to other groups (without WTC toxic dust exposure). Other excess cancers at this time include bladder cancer, malignant melanoma, multiple myeloma, leukemia, and non-Hodgkin lymphoma.

It was published after the completion of the rescue, recovery, and clean-up efforts that there were no fatalities.  However, that isn't quite correct since we are seeing rescue, recovery, and clean-up workers dying from their exposure to the WTC toxic dust.  It is good to see that what occurred during the rescue, recovery, and clean-up at the WTC was not repeated at the recent rescue, recovery, and clean-up efforts at the Miami condo collapse.  As the picture below, from The Guardian, shows, rescue crews are wearing respirators to protect them from the potentially toxic dust from the collapse of that building.  If this is the lesson learned from the WTC tragedy, it was a hard lesson but one that will protect workers in other rescues, recoveries, and clean-ups in the future.  
 

The Guardian
Miami condo collapse: death toll rises to nine as crews search pile for survivors | Miami condo collapse | The Guardian


Sunday, September 05, 2021

Future Environment Designs Wishes You a Happy Labor Day Weekend!

Future Environment Designs (FEDTC) wishes everyone a Happy Labor Day weekend!  In a year that seems to continue to challenge all of us, it is worthwhile to remember that this weekend and Monday in particular we are celebrating the contributions of the labor movement to the development and achievements of the United States of America (USA).  

Labor Movement in the 21st Century

The labor movement is a major part of American history that describes the history of organized labor, USA labor law, and the more general history of working people.  According to Wikipedia, "the nature and power of organized labor are the outcomes of historical tensions among counter-acting forces involving workplace rights, wages, working hours, political expression, labor laws, and other working conditions."  As commentator E. J. Dionne has noted, the union movement has traditionally espoused a set of values - solidarity being the most important, the sense that each should look out for the interests of all.

The Fire that Sparked the Labor Movement

Future Environment Designs hopes as we enjoy this weekend, we remember the importance of the labor movement and even more importantly we remember solidarity, the sense that each of us should look out for the interests of all!




Wednesday, August 11, 2021

Current Asbestos & Mold Hard Cards Required for Asbestos & Mold Projects! Fast Track Variances on Pause and New Asbestos Attachments for New York City DEP!

New York State Department of Labor (NYSDOL) as of July 31, 2021, is requiring current asbestos and mold hard cards for asbestos and mold projects.  Their latest automatic response email claims to be turning around asbestos hard cards in five (5) weeks and licenses in three (3) weeks.  That same NYSDOL email says they are turning around mold licenses in three (3) weeks.  So it seems the NYSDOL's license and certification unit is back to normal.  On the other hand, the New York City Department of Environmental Protection (NYCDEP) is allowing workers whose hard card expired on March 15, 2020, or later to continue to work using their existing card until August 31, 2021.  See NYCDEP's Extension of Asbestos Certification Deadline website for more information.  In addition, NYCDEP has reinstated the examinations for asbestos as of April 21, 2021. 

Asbestos Company License and Worker (hard card) Certificate

In our blogpost in February 2021, we discussed that NYSDOL's Engineering Services Unit (ESU) came out with 10 Fast Track Variances and that this was a pilot program.  On Thursday, July 22, 2021, the Professional Abatement Contractors of New York (PACNY) were notified by NYSDOL's ESU that they were shutting down the Fast Track Variance Program.  The following is quoted from the NYSDOL email to PACNY:

"As the results of an increasing number of questions concerning relief granted by some Fast Track Variances (FTVs), ESU has decided to temporarily stop the FTV program.  ESU will go back and review each FTV to ensure that the relief granted, and conditions listed in the FTV are consistent with ICR 56 and appliable Federal requirements.  ESU will also try to better define when and how each FTV can be utilized. There seems to be some confusion about how some FTV’s are to be used.  When ESU completes its review of an FTV, we will reissue that FTV for use moving forward.  It is ESU’s hope that this review will not take long. In the meantime, site-specific variances should be applied for as usual via email to me and cc: Edward.Smith@labor.ny.gov"

So it seems if you want an FTV, you will have to apply and wait the time it takes to approve site-specific variances (anywhere from 3-6 weeks).

Asbestos Inspector Initial Class

Meanwhile, NYCDEP Asbestos Program has issued two new attachments (NYCDEP's version of FTVs).  They include Attachment CS which is the "Requirements for the Abatement of In-Place ACM with or without ACM Debris in Crawl Spaces/Cellars with Concrete (Non-Soil) Floors Under Modified Containment (without plastic on the walls)" and Attachment CRS which is the "Requirements for the Abatement of Contaminated Soil with or without ACM Debris and/or Inplace Removal of ACM in Crawl Spaces/Cellars with Soil Floors Under Modified Containment (without plastic on the walls)".  Both of these attachments can be found on our website under our resources page under FED Training CD-Dropbox Folder.  In addition, we recently heard the NYCDEP was issuing violations for improper labeling of cassettes and sampling pumps not properly labeled.  It certainly seems NYCDEP has not changed its tactics of issuing fines for nonsense items versus making sure the actual work is being done correctly.  If you are a reader of this blog make sure you get credit for being a reader and enter the discount code FEDTCBLOG15 to get a 15% discount on our published course prices.

Saturday, July 17, 2021

Future Environment Designs wins the 8th Annual Pro/Am PACNY Fishing Tournament

On the morning of July 7, 2021, Future Environment Designs participated in the 8th Annual Professional Abatement Contractors of New York (PACNY) Fishing Pro-Am Tournament.  The tournament was based out of the Lake Breeze Marina, Kent, New York, and on Lake Ontario.  It was an iffy day with a thunderstorm passing through just before the tournament started and the lake was a bit rough with 2-4 foot waves.  There were 17 boats in this year's tournament (a nice turnout considering the recent easing of Covid restrictions).  They were:

The lake was a little rough which made for some interesting fishing.

  1. AAC Contracting - Free Spirit 
  2. Cornerstone Training Institute (CTI) - Sunrise II 
  3. CTI - Legacy
  4. CTI - Trolling Tails
  5. Lozier - Screaming Reels 
  6. US Ecology - Reflection
  7. US Ecology - Shotgun
  8. Metro - Rusty Lure
  9. Dival - Reel Excitement
  10. Abscope - Troutman
  11. Sienna - Get Hooked
  12. ECG - Richmond 4
  13. Future Environment Designs - Catchin Hell
  14. Sessler - Intimidator
  15. Aramsco - Mister
  16. First On-Site Restoration - 3 Dogs
  17. HSE - Bite Me 
Future Environment Design's fishing team consisted of Ms. Sheryl Esposito, Mr. Matthew Desch, Ms. Veronica Hansen Garcia, and Mr. Angelo Garcia, III.  This was the first year that Future Environment Design's team was more than two people.  We were thrilled to have Sheryl and Matt with us this year.  Most of you have met Sheryl and Matt at the annual PACNY Conference at Turning Stone Casino in Verona, NY.  Sheryl is usually womaning our booth at the Conference.  Unlike other Tournament years, because of the rough lake, we went straight out and did not do a shotgun start.  Because of the rough water, Captain Tom Murray of the Catch 'N' Hell boat decided to go far out and work our way back.  Which was a good decision considering how it turned out.  It definitely was our day considering our first catch was the one that won big fish for the day!

The winner weighing in at 25.66 lbs.

We had the good fortune to catch enough Salmon & Trout to last us the entire year and fill our freezer (including sharing with Sheryl and Matt)!  By the time we had to decide whether to go in or keep fishing, we had caught sufficient fish to decide to call it an early day at 11 AM (based on the weather that was a good decision).  Our second and third salmon catches brought us the Trophy and the prize money for the Tournament:

Future Environment Designs and the Catch 'N' Hell Team

We are so proud to finally have our name added to the Trophy and that it only took 8 years to win the trophy.  This was the second time, we've caught the big fish the first time was the Second Annual Tournament.  The buffet (back again now that Covid restrictions have eased) at the Black North Inn was delicious roast beef with weck bread and horseradish.  A great big THANK YOU to Darren Yehl of CTI for organizing this Tournament!  Between our daughter's wedding, training beginning to return to normal, and this fishing tournament the summer has been a blessing but is going too quickly.  This year is the 6-year anniversary of Article 32 NYS's Mold Law and most everyone's license will be expiring between September and January 2022.  Look forward to seeing all of you soon and regaling you with my fishing adventures!

Sunday, July 04, 2021

Happy 4th of July!

Future Environment Designs, Inc. would like to wish all our clients and friends a very Happy 4th of July!  We hope your celebration is a joyful one, a safe one, and one that remembers the importance of leaving this country better off for our children and our children's children!  We would like to remember the words Theodore Roosevelt said regarding the USA:


Blessed Be America!





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...