Testimony of Ellie Engler before the Committee on Public Safety Intro 0650-2007- Permits for Atmospheric Biological, Chemical and Radiological Detectors January 8, 2008

Jan 8, 2008 3:17 PM

           Good morning. My name is Ellie Engler, and I am Assistant to the President and Director of the United Federation of Teachers Safety and Health Department.  Speaking on behalf of our president, Randi Weingarten, I thank you for the opportunity to address this issue before you today.

            As you know, the United Federation of Teachers represents over 144,000 active employees, including teachers, paraprofessionals, guidance counselors and other non-supervisory educators who work for the New York City Department of Education in some 1,400 schools. As a result, my department covers a lot of ground. 

            We support the intent of the New York City Council Intro. No. 650 bill, which seeks to protect the citizens of New York City from possible terrorist attacks involving chemical, biological, radiological or nuclear devices or weapons.

            However, doing this by universally requiring permits for atmospheric biological, chemical and radiological detectors places an undue burden on personnel conducting routine construction-related activities in New York City.  For example, immediately after the August 18, 2007, fire in the Deutsche Bank building, the UFT was in contact with the Department of Education (DOE).  The DOE made arrangements for an environmental consultant to conduct monitoring for asbestos in the neighboring schools.  To be able to assess the school environments so quickly was reassuring to each of the affected school communities.  

            Specifically for the UFT, the DOE and the School Construction Authority (SCA), this bill is not feasible and will severely interfere with our ability to investigate, assess and remediate environmental and/or industrial hygiene hazards in our members’ workplaces in a timely manner.  Our workplaces include all the New York City public schools as well as some private charter schools, a number of private hospitals and healthcare institutions and home child care provider sites.  This law appears to require all industrial hygienists and environmental consultants to have a permit to use their monitoring and sampling equipment in New York City. 

Specifically, this bill requires:

 A detailed description of the atmospheric, biological, chemical and/or radiological detector to be possessed and/or deployed.

• The manner in which it will be installed and maintained.

• The means by which it will transmit an alarm.

• The emergency action plan to be implemented in the event of an alarm.

            We provide industrial hygiene and occupational safety ­services – including air monitoring and sampling – at these work sites as part of site inspections and during emergency conditions.  We go into schools on a daily basis to monitor and assess the air quality both inside and outside the school building.  For example, we may use direct-reading instruments that monitor for the toxic gas carbon monoxide, a range of volatile organic compounds and/or airborne dust and particles.  We also use sampling pumps and other equipment to take samples of biological contaminants (for example, bacteria and molds) or chemical ones (for example, asbestos) which are then analyzed by a laboratory.  In addition, we use direct-reading meters to monitor for radiation hazards in our science facilities.

            Our policy and practices require us to work collaboratively with the DOE and the SCA to investigate, assess and remediate environmental and industrial hazards.   We often jointly develop sampling protocols and strategies, share sampling and monitoring results, and conduct side-by-side health and safety assessments that include sampling and monitoring equipment.  The proposed regulation would severely restrict these agencies in their efforts to investigate, assess and remediate environmental and industrial hygiene hazards.

            There have been school situations and emergencies where the UFT, the DOE and/or the SCA retained the services of an environmental or industrial hygiene consultant to immediately conduct an assessment.  If such a consultant has not registered for a permit for biological, chemical and/or radiological detectors, does that mean the consultant cannot assess the school’s environment even in an emergency situation?

            We generally do not install our meters or equipment in schools or other work sites.   However, we have requested that the DOE install detectors, such as those for carbon monoxide, in areas of concern such as classrooms.   As required by law, the DOE has also installed carbon monoxide detectors in the boiler rooms of school buildings. 

            The way this bill is written, the UFT, the DOE and the SCA all need permits for all the environmental and industrial hygiene monitoring equipment (direct-reading as well as sampling pumps, monitors, etc.).  The DOE and SCA will also need permits for all installed detectors.

            We urge the City Council to reject the broad scope of this bill.  

Thank you.