Inside this issue:

Mold in Hampton Bay

Flu Season - Educators Vulnerable

Legislative Update

Resources

Employers Must Post Illness and Injury Logs

K-12 Districts Five Year Capital Facilities Plans Overdue

Mold in Hampton Bays ­ Persistence Pays Off

There is no easy or quick fix for indoor air quality problems. They play out like a detective story, requiring thorough investigation around corners and under carpets, interviews with occupants, and medical assistance for those affected. Every lead must be taken seriously and followed-up.

For Hampton Bays TA President Pat McCormick, the effort also required her strong advocacy with the force of her members behind her. Their persistence has paid off.

Background

One of those members is Pat Romanosky, the elementary school physical education teacher. Romansosky did not feel well while at work and was in search for a reason. In October 2002, she told President McCormick about the extensive water damage at the elementary school kindergarten wing, old gymnasium, sixth grade wing, portable classrooms, and locker room area. McCormick immediately reported the problem to the district, which initially dismissed it. She then went to the district superintendent.

The district and the union called in separate environmental experts to evaluate the problem. Both experts agreed there was a mold problem. Recommendations included the removal and replacement of all wet ceiling tiles and cleaning of mold-contaminated areas in the locker room walls. The district was told that until the roof was replaced, the problem would continue.

The union surveyed the staff to see if there were any unusual illnesses. Several teachers and aides reported strange rashes, upper respiratory infections, and assorted joint and tendon pain. The district did its own survey and concluded that there was no pattern of illnesses in the affected areas.

Soon the district started to make plans to float a bond issue for roof repairs. About this time Romanosky contacted a physician from Maryland with expertise in mold-related illnesses to evaluate the staff. The results of the doctor's exams confirmed the local was dealing with a sick building.

Roof repair reveals more mold

Union determination gets results

However, the newly hired superintendent agreed there was still a problem. The district brought in another environmental consultant who inspected the building and reported that mold in the carpets could not be adequately cleaned. The carpets had to be removed. The union and the superintendent worked diligently to get funds to replace the carpets. State Senator Ken LaValle secured funds in the amount of $300,000. Together, with money left over from the roof project, the carpet was removed, an asbestos abatement done and new flooring installed in the sixth grade and in several portable classrooms over the winter holiday.

McCormick, her members and the district are hopeful that this will be the solution they need. The union's persistence in making sure the district did all it could will go a long way to improving their members' health.

McCormick's advice to other local leaders and activists: "Make sure you contact appropriate agencies and experts and go through NYSUT. Get as much information as possible and don't take no for an answer."

Flu Season ­ Educators Vulnerable

Educational facilities are a special case when it comes to communicable diseases. Unlike any other institution in the community, they house a large number of students and staff per square foot for long periods of time - an ideal condition for transmitting bacteria and viruses.

Flu is caused by the influenza virus. It is spread person to person when an infected person coughs or sneezes. Influenza infection can cause serious illnesses that can sometimes become life-threatening to all age groups. The symptoms of flu include fever, dry cough, sore throat, runny or stuffy nose, headache, muscle aches and extreme fatigue.

Some of the medical complications triggered by flu include bacterial pneumonia, dehydration and worsening of chronic conditions, such as asthma. Several states, including New York, are currently experiencing flu outbreaks with serious complications including deaths among children.

There are steps that can be taken to reduce the spread of flu and other infectious diseases:

• Improve ventilation - increase the flow of outdoor air;
• Reduce crowding in classrooms and portables;
• Remind staff and students to wash their hands frequently; and
• Develop comprehensive communicable disease prevention policies

Most school districts have adequate communicable disease policies for students, but often do not have a good policy for staff. More than ever, employees need guidance on managing communicable disease exposure. Especially in need of information are pregnant school employees and employees with vulnerable immune systems (diabetics, employees recovering from cancer, etc.).

A good policy for staff should incorporate the recommendations of the Centers for Disease Control and Prevention, such as:

• Flu vaccination especially if you are diabetic.
• Chicken pox vaccination - Chicken pox is especially hard on adults who contract it. CDC recommends that all day care and school employees who are responsible for young children receive the vaccination if they have never had chicken pox. Many children have not been vaccinated so chicken pox remains a community problem. Pneumococcal vaccination for individuals who may be at risk for the most common type of pneumonia. Individuals who are diabetic, asthmatic and/or have other chronic conditions, should probably get this vaccination. Staff should also get regular training and information on communicable and infectious diseases so that they can take precautions in their daily work lives.

Thanks to AFT PSRP division for content

LEGISLATIVE UPDATE

Federal

Federal Appropriations Bill ­ OSHA gets an increase:
OSHA will get $461 million for fiscal year 2004, an increase of almost $10.5 million over FY 2003 actual spending levels. OSHA's enforcement program would receive an increase of $4 million, Compliance Assistance would go up by $6.126 million, but at $16 million, OSHA's standards program would remain flat (and silent.)

OSHA Tuberculosis standard is no more: The AFL-CIO reports that OSHA has formally withdrawn the proposed TB standard. The standard had been in the final rule-making stage. Labor unions had worked over 10 years to get a standard in place.

State

A3762 ­ Englebright (Passed Assembly ­ No Senate Sponsor): Requires the Commissioner of Education and General Services to promulgate standards for the purchase of environmentally preferred commodities and services for schools. NYSUT supports this bill.

A3752 ­ Englebright (Passed Assembly ­ No Senate Sponsor): Adds a list of items, including certain quality air conditioning systems, to the requirements for approval of new or remodeled school buildings with respect to health and safety, including environmental health and safety; requires departments of Health and Environmental Conservation to report to the Education Department and school districts information on environmental hazards relevant to school buildings. NYSUT supports this bill.

A1898 ­ McEneny (Passed Assembly- no Senate sponsor): Provides for annual school lead-copper tap water testing; requires reports of contamination and abatement of such contamination; school districts to provide bottled water to affected schools.

A3935- Englebright (Passed Assembly ­ No Senate Sponsor): Requires schools, BOCES and pre-K programs to notify students, parents and employees of environmental health and safety hazards with school facilities; provides for the appointment of information contact person to ensure the dissemination of such information.

A3209 - Tokasz (Passed Assembly ­ No Senate Sponsor) Requires all public and private schools to maintain records concerning purchase, use and application of specified chemicals in and around school buildings; makes documents available to the public for inspection for 12 months. NYSUT has issued a support memo for this bill.

S4529 ­ Saland (Passed Senate); A1590 ­ Sanders; Adds a new section to the state penal code that anyone with intention to harass, annoy or alarm a school employee, subjects that employee to physical contact on school property, shall be guilty of aggravated harassment, a Class B Misdemeanor. This is a NYSUT-initiated bill.

RESOURCES

"Mold in My School: What Do I Do?"
Free online publication from National Clearinghouse for Educational Facilities, sponsored by the USD Education. http://www.edfacilities.org/pubs/mold.pdf

"Environmental Health Conditions in California's Portable Classrooms"
Published by the California EPA and the California Department of Health Services, this study reviews environmental health conditions in portable classrooms including identification of potentially unhealthy environmental conditions. It also includes a review of design and construction specifications, ventilation systems, school maintenance practices, indoor air quality, and potential toxic contamination, including mold and other biological contaminants. Results and recommendations are detailed. For this publication and other studies related to portables, see: http://www.edfacilities.org/rl/portable.cfm.

A comprehensive reference anthology of infection control
Responds to more than 200 infection control questions, ranging from fundamental to advanced level. Researched by the Association for Professionals in Infection Control & Epidemiology (APIC) Resource Line and reviewed by leading experts. Covers many issues important to infection control professionals including employee/occupational health, disinfection/ sterilization, surveillance, infection prevention in home health and long-term care, and minimizing transmission of antimicrobial- resistant microorganisms. Find it at http://www.apic.org/pdf/AskAPIC2.pdf.

Hearing Protector Device Compendium
NIOSH updated a compendium of data published by manufacturers of hearing protectors sold in the United States. It contains the products of 23 manufacturers of hearing protection representing most of the market share.

Included is information about protector construction, materials, and other features that may help when selecting hearing protectors for specific situations such as devices compatible with safety eyewear, respirators or welder hoods, devices that position behind the head, over the head or under the chin, and those that are reusable/washable or have attached safety cords or any combination of features.

New CD-ROM Safety Checklist Program for Schools
A new safety CD-Rom entitled NIOSH Safety Checklists Program for Schools and Other Safety Databases is available. The safety checklists program guides users with limited occupational safety and health background in setting up and running a safety and environmental program at their vocational and technical schools. Order at http://www.cdc.gov/niosh/email-pubs.html or by calling 1-800-35-NIOSH.

Employers Must Post Illness and Injury Logs February through April

Beginning Feb. 1, federal law says that your boss has to post, until the end of April, a record of all reported injuries and illnesses in your workplae in 2003.

Throughout the year, most employers with more than 10 full-time employees must keep a record of injuries and illnesses in a log known as the OSHA Form 300, Log of Work-Related Injuries and Illnesses. (Some businesses are exempt, including laundries and dry-cleaners, hairdressers, retail clothing and furniture stores, and restaurants.) For public-sector workers in New York State, the log is the SH900 Form.

Employees can request these records for review any time during the year, but employers are required to post the annual summary in full view of all employees from Feb. 1 to April 30, 2003.

The summary includes information on type of injury and illness, extent and outcome and alerts employees to possible hazards. Employment information regarding annual average number of employees and total hours worked during the calendar year is also required to assist in calculating incidence rates.

Unions can use this record to identify unsafe areas and bargain for better conditions. The information can also be used to find out where hazardous conditions exist or what types of injuries or illnesses occur most frequently.

If employers fail to post the summaries, the union or employees may file a PESH complaint with the New York State Department of Labor (public sector) or a complaint with federal OSHA (private sector).

K-12 Districts Five Year
Capital Facilities Plans Overdue

Part 155 of the Regulations of the Commissioner of Education requires all public schools to have comprehensive safety plans. Included in these plans are annual visual inspections, building condition surveys and five-year capital facilities plans.

The State Education Department is currently focusing on making sure districts submit their five-year plans to the Department, due over three years ago. NYSUT locals can play an important role in helping make sure districts send plans to Albany.

The goal of the five-year plan is to collect, coordinate, analyze, and prioritize facility infrastructure and building program needs on a district-wide basis. The district's plan must assess the probable useful life of each building and its major subsystems and identify critical maintenance needs such as major system replacement and repairs. The plan also lists current or proposed alterations or reconstruction of school facilities ranked in priority order, major repairs ranked in priority order and major system replacement, repairs and maintenance ranked in priority order with a focus on resolving health and safety issues.

As work is completed each year or new conditions emerge, the remaining tasks should be re-prioritized to concentrate on critical needs. Maintenance and repair items should be included and addressed annually through the district's comprehensive maintenance plan, required as part of Commissioners regulation 155.4(d)(2).

While the majority of work in the Plan should be identified in the Building Condition Survey, there are other resources that districts should consider when developing or updating the Plan:

• Fire Safety Inspection Report
• AHERA Plan
• Americans With Disabilities Act self-evaluation (ADA compliance was required to be completed by 1995, per Federal Guidelines)
• Annual Building Visual Inspection Reports
• School Facility Report Cards
• Building Environment Evaluation (An evaluation of each building that may be prepared by the Director of Facilities, the principal, or the Health & Safety Committee based on the general appearance, cleanliness, acoustics, lighting quality, thermal comfort, air quality, and space adequacy, etc.)

The Commissioner requires the plan be updated annually, and requires the district and school board to use the safety rating of each facility in developing or revising the plan. NYSUT locals and health and safety activists should ask if plans have been submitted to SED. They can also ask for a copy of the plan. It could help guide the prioritization of health and safety issues and may give insight into problems that the union has already brought to the district's attention.

To find plan forms and SED's letter to school superintendents, go to the Office of Facilities Planning web site at http://www.emsc.nysed.gov/facplan/home.html and click on "Five Year Plan: Info and Format Now Online".