Metro New York Section

REGULATORY UPDATES
from Aaron Trippler

Legislative Update (September 2011)

Legislative Updates as of March 1, 2011

STATEMENT OF METRO AIHA RE INTRO 58
Posted October 22, 2010

Intro 58, proposed legislation currently before the New York City Council, would give the New York City Police Department (NYPD) jurisdiction over aspects of environmental sampling.  The stated purpose of the legislation is to facilitate the timely collection by NYPD of environmental sampling data that could indicate a chemical, biological, radiological, or nuclear (CBRN) terrorist incident. New York City would become the only location in the nation where the police department would have authority over environmental sampling.

Two years ago our parent national organization, the American Industrial Hygiene Association (AIHA), opposed a similar bill (Intro 650).

The Metro Chapter of AIHA agrees with Intro 58's stated goal of providing early warning of a CBRN attacks. Furthermore, we appreciate that Intro 58 incorporates revisions that are responsive to concerns previously expressed by AIHA about Intro 650, in particular the new exemption for industrial hygienists in this bill. However, we remain opposed to the bill for several reasons, some of which were enumerated previously by our national organization.

First, we do not believe this proposed law is the best way to accomplish the stated goal. While the City should develop a capability for early detection of CBRN incidents, it seriously overreaches in calling for a permitting system for private users. The City needs to be able to confirm and evaluate privately generated data, whether generated by approved users or not.

Second, we believe this law has the potential to adversely impact the professional activities of chapter members of the Metro AIHA, as well as other members of the public who wish to utilize environmental sampling devices. It gives the NYPD the latitude to engage in preemptive stops of persons engaged in environmental sampling, whether permitted or not. It would also require character assessment and permitting of any of our members, or other members of the public, who wished to conduct their own monitoring to detect CBRN. We do not believe that legal environmental monitoring activities should be curtailed.

Finally, we do not believe that the police department is the most appropriate agency to deal with the public health issues of monitoring for CBRN. Monitoring involves making decisions about what detection limits, accuracy, precision, calibration, and maintenance to accept in monitoring devices, how to interpret the data, and what levels should trigger various responses. These decisions are best made by public health professionals, with experience in environmental monitoring, environmental health, and public health policy.

We therefore call on the City to withdraw this bill.

State Legislative Report for New York

• June 2010

Workers Memorial Day History

Every year on April 28, trade unions and workplace health and safety campaigners all over the world focus on the issue of workers' health and safety. Decades of struggle by workers and their unions have resulted in significant improvements in working conditions. However, the toll of workplace injuries, illnesses, and deaths remain enormous. Each year, thousands of workers are killed and millions more are injured or diseased because of their jobs. Nationwide, workers remember these workers on April 28, Workers Memorial Day.