​Presenter:
Kevin Hutton
President & CEO, EAST Centers of NY: Training Director, NYS DOH Asbestos, NYS DOL Mold, EPA Lead Programs:
Adjunct Professor, Rochester Institute of Technology

Presentation OverviewKevin Hutton brings over a decade of specialized experience in handling NYSDOL Notices of Violation (NOV) to this exclusive PACNY member* event. His extensive background in supporting contractors and consultants makes this presentation invaluable for anyone navigating NYSDOL regulations and enforcement.

Key Points1. Inspection

• Best Practices: Learn proven strategies for interacting with NYSDOL Asbestos Control Bureau (ACB) inspectors.
• Impact on Outcome: Understand how these interactions can influence the result of an inspection and penalty levied.

2. Notice of Violation (NOV)

• Response Protocols: Guidance on immediate steps to take when you receive an NOV.
• Post-Response Expectations: Insight into the process after responding to an NOV, including potential outcomes.

3. Negotiation

• Penalty Calculations: Breakdown of how NYSDOL calculates penalties and fines.
• Department Expectations: What NYSDOL expects during negotiations and how to prepare.

4. Hearing Preparation

• Planning: Detailed advice on preparing for a hearing, including the importance of legal representation.
• Be Prepared: Tips on ensuring your case is well-documented and ready for a strong defense.

Why Attend?
Kevin Hutton has been directly involved in the defense and negotiation of hundreds of citations issued by NYSDOL. His insights are based on real-world experience, providing practical advice that can help PACNY members avoid costly mistakes.

Who Should Attend?
All those employees that can have a direct impact on the result and outcome of an inspection.  Asbestos Supervisors, Project Monitors, Compliance Support, Management, and Owners.

Why Attend?
PACNY Exclusive Member* Event
This is a unique opportunity for PACNY members to gain insider knowledge from one of the most experienced professionals in the field. Don’t miss this chance to learn from Kevin Hutton’s extensive expertise in navigating NYSDOL’s complex regulatory environment.
Not yet a member?  You have time to join and attend this event.  Visit our membership page for more information.

When:  November 20th 5:30 pm.
Where: Del Lago Resort and Casino, 1133 NY414, Waterloo, NY 13165
Dinner will be served followed by Kevin Hutton's presentation

FOR IMMEDIATE RELEASE — March 11, 2019 ADAO RESPONDS TO NEW USGS REPORT THAT ASBESTOS IMPORTS MORE THAN DOUBLED IN 2018 The Chlor-Alkali Industry is Responsible for 100% of Raw Asbestos Imports, Endangering American Lives WASHINGTON, DC – The Asbestos Disease Awareness Organization (ADAO), an independent nonprofit dedicated to preventing asbestos exposure through education, advocacy, and … 

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The new Silica standard, 29 CFR 1926.1153,  was effective as of June 23, 2016 and OSHA is scheduled to begin enforcement on June 23, 2017.

The standard applies to all occupational exposures to respirable crystalline silica in construction work, except where employee exposure will remain below the Action Limit. The Action Limit (AL) is  25 μg/m3 as an 8 hour TWA and the Permissible Exposure Limit (PEL) as 50 μg/m3 as an 8 hour TWA.

It is estimated that 2.3 million Americans are exposed to respirable crystalline silica in the workplace, and of those, 2 million are in construction. The primary health effect is Silicosis, a debilitating disease caused from the scarring of the lungs. Additionally, Silica is a known human carcinogen, and exposure has been linked to lung cancer, kidney disease, COPD, Industrial bronchitis, and several autoimmune disorders.

Front and center is the idea of Hierarchy of Controls. This standard reiterates this idea by indicating that the control of dust is the primary method to reduce employee exposure and that the use of PPE would be secondary to that.

Reducing exposure through tried and true methods are indicated within the standard.

1. Utilizing wet methods
2. Utilizing isolation or enclosure
3. Utilizing a dust collection system

In a somewhat novel approach OSHA identifies the work practice and engineering controls and required respiratory protection for 18 common tasks. This really simplifies things for the construction industry. As as long as the task is listed in Table 1 and all the provisions are followed, then the employer does not have to perform personal exposure monitoring.

However, for tasks not listed in Table 1 or when the provisions of Table 1 are not followed as written, then exposure assessments would need to be created based on air monitoring or objective data or a combination thereof.

All tasks whether they are included in Table 1 or not will require the creation of a written Exposure Control Plan. The plan must indicate engineering controls, work practices, respiratory protection, housekeeping procedures, and the methods that will be used to restrict access to activities creating respirable crystalline silica exposure, to include exposure generated by others.

Additionally the standard has requirements for training, recordkeeping and a medical surveillance requirement for employees that must use a respirator for 30 or more days per year.


More detailed information can be found on OSHA's Silica page www.osha.gov/silica/index.html

Additionally, OSHA recently published a Small Entity Compliance Guide that is a vaulable compliance resource. You can view it here www.osha.gov/Publications/OSHA3902.pdf

The EPA has announced the first 10 chemicals it will evaluate for potential risks to human health and the environment under the Toxic Substances Control Act (TSCA). And yes, Asbestos made the list. This opens up the opportunity for Asbestos to be banned, and although it may take 3-5 years for that to be realized, it looks as though the US will join 60+ other countries and finally ban Asbestos.

See the EPA press release here: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/evaluating-risk-existing-chemicals-under-tsca