By: Jessica Hatton, Marketing Coordinator, Clean Vapor LLC

What is vapor intrusion? Vapor intrusion (VI) is the upward migration of soil gases into buildings.

The migration of soil gases into a building occurs when a source contaminant is drawn into a building through permeable soil and stone below the concrete slab.  The most common entry pathways are seams or cracks in the slab, utility and plumbing penetrations, floor drains, French drains, deteriorated seals around pipes, and block wall openings. The driving force of VI is the air pressure differentials between the inside and outside of a building. Soil gases enter the building when the air pressure in the building is lower than the pressure below the slab.

Why is Vapor Intrusion Dangerous

The contaminant gases most often associated with vapor intrusion are classified as Volatile Organic Compounds (VOCs) and primarily consist of TCE, PCE, Carbon Tetrachloride, and petroleum hydrocarbons. All of the contaminants have one thing in common: their negative effects on human health.

The harmful, odorless, and tasteless gases are almost always in concentrations undetectable by human senses. Most VI problems are diagnosed only after proper testing due to health issues arising among building occupants or the building changes ownership and the problem is detected in the due diligence phase.

Can Vapor Travel Underground

A vapor plume can easily travel through the soil and along underground utilities and aquifers to impact buildings on the other side of town, potentially creating a very widespread problem. Common places where VI occurs include gas stations, dry cleaners, buildings with underground storage tanks, facilities used for industrial processes, and the manufacturing of finished metal or pharmaceutical products.  

Building owners should be aware of VI issues because the VOCs involved are closely linked to several types of cancer, as well as organ and reproductive toxicity. Prolonged exposure to VOCs, such as that associated with living or working in a building experiencing a VI problem can negatively impact human health.

What is a Vapor Intrusion Mitigation System (VIMS)

A properly designed and installed vapor intrusion mitigation system (VIMS) can mitigate a vapor intrusion problem. A custom-design VIMS, based on the unique challenges of the building in which it is being installed, is necessary for maximum effectiveness and protection of the people served by the system. There are no one-size-fits-all solutions when it comes to mitigating VI.

Vapor intrusion can occur in both new construction and existing buildings. There are different solutions for every type of building. New construction or redevelopment projects that are known to have soil contaminants can be mitigated more cost-effectively than a retro-fit and the VIMS can be more easily integrated into the building’s overall aesthetic and design. Existing buildings can be retro-fitted with a VIMS to eliminate a VI problem.

Long-Term Liability of Vapor Intrusion
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As more buildings and brownfield sites are repurposed, understanding the potential impact of vapor intrusion is essential to project development. Taking preventative action to control VI can significantly reduce the long-term health concerns of people occupying the building and minimize liability for building owners and responsible parties.

Join Clean Vapor for a free webinar "Long Term Liability and Subjective Standards in Vapor Intrusion Mitigation" on Tuesday, August 17th from 12:00pm – 1:00pm. Tom Hatton, CEO of Clean Vapor, will discuss how the disparity and complete absence of standards from state to state have created a significant undefined long-term liability for building owners, responsible parties, and insurance carriers who are seeking to define their liabilities and protect their assets.  Click here to register.

By: NPZ Law Group, P.C.

The Immigration and Nationality Lawyers at the NPZ Law Group continue to monitor the backlogs and delays and work closely with their colleagues at AILA to seek resolutions for their clients concerning same.

Here are some of the interesting facts about the present visa processing landscape:
Lay of the Land:There was a discussion on the state of and nonimmigrant visa (NIV) and immigrant visa (IV) issuance. Compared to pre-pandemic levels, there has been an 80% decrease in the issuance of NIV, a 70% decrease in the issuance of IV, and the visa backlog at the National Visa Center contains more than 506,000 documentarily qualified applications that are yet to be interviewed.
Rescinding Regional Travel Bans Due to COVID-19:AILA urged that rescinding regional COVID-19 travel bans would have the greatest effect on reducing the backlog and alleviating the burden on consular posts. It would eliminate the NIE process, enable documentarily qualified cases to proceed, and open consular resources. AILA urged the Biden Administration to incorporate science-based methods, including, COVID-19 testing, vaccination requirements, and quarantining instead of regional travel bans.

Inconsistency Within DOS and CBP Locations in Processing of National Interest Exceptions:AILA explained that there’s considerable inconsistency with the adjudication of NIEs across various posts and ports and among adjudicating officers at a specific location. Thus, AILA explained the necessity for standardizing the NIE process, ensuring all NIE requests are processed and adjudicated within each agency. Moreover, that communication among agencies must occur before major policy announcements.

Stateside Visa Processing of Renewals:AILA explained that stateside processing should return and DOS must leverage stateside consular officers to address staffing constraints and enable processing to resume.

Extend Expired Visas during the COVID-19 pandemic by 24 Months Automatically:AILA discussed how important it is for the DOS to provide an automatic extension of 24 months for NIVs to reduce backlogs. It further explained that visa renewal applicants have been vetted via visa application processes.

Remote Processing of Low Fraud Risk Cases and Increase the Use of Interview Waivers:AILA urged continuing interview waiver eligibility, and it brought up the remote processing’s benefits, especially for low fraud risk cases.
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Preventing the Loss of Visa Numbers:AILA stated that the solutions presented would allow DOS to process cases with greater efficiency, which would prevent the loss of immigrant visa numbers by September 30th, 2021. This is especially true for the FY21 Diversity Visa numbers. In addition, AILA explained that visa numbers must be allocated earlier in the process to ensure the full use of visa numbers.

These are the major takeaways from the AILA meeting about the DOS backlog and delays. Again, the Immigration of Nationality Lawyers at the Nachman, Phulwani, Zimovcak Law Group remain deeply concerned about the spread of COVID-19 and continue to work to ensure the safety of our staff and our clients. However, we continue to also be very concerned about the extent to which the present delays and backlogs will impact our economy and allow other countries to take advantage of the world-wide brain drain.

If you should have any questions or need more information about the ways in which the U.S. Immigration and Nationality Laws may impact you, your family, your friends or your colleagues, please contact the U.S. Immigration and Nationality Lawyers at the Nachman, Phulwani, Zimovcak Law Group – VISASERVE – U.S. Immigration and Nationality Lawyers by e-mailing us at [email protected] or by calling us at 201-670-0006 (x104). You can also visit our Law Firm’s website at www.visaserve.com.

By: Glenn Laga, Founder & President, Guardian Data Destruction
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Your new IT equipment is in! Woo hoo!

STOP. Before you even think about opening those boxes, what are you doing about the retired IT assets?

• Do you have an IT asset disposal procedure in place?
• Do the devices contain private or confidential data of any kind?
• Is your business governed by industry laws such as HIPAA, Sarbanes-Oxley or FDA? see regulations/compliance page
• Where will your devices be stored until scheduled for data destruction?
• Is that storage solution secure?
• Is that storage solution adequate?

​Without an up-to-date and known IT asset disposal procedure in place, you are just opening the door for sensitive assets to simply disappear. It’s not just the scramble to locate what’s missing and determine the collateral damage. The result could leave your company open to fines, corporate embarrassment and possible litigation should a data breach occur. In fact, it happens. From 2005-2015, 41% of all data breach events were due to devices like laptops, tablets and smartphones that were MIA.

HOW CAN YOU PROTECT IT ASSETS FROM TAMPERING AND LOSS WHILE YOU WAIT FOR SECURE DISPOSITION?

Start with secure storage. Whether a few days, a few weeks or even just hours, your IT equipment needs a place where it can be held securely until an approved asset disposition plan and vendors are finalized.

Where? Not in a storeroom. Not in a supply cabinet. Not in a drawer. Not piled on an empty desk. And certainly not in the corner of a warehouse. We’ve seen it all.

SECURE HOLDING OPTIONS AS YOU WAIT FOR ASSET DISPOSITION

​Depending on your space constraints, the size and quantity of devices and the date of your next asset transfer (disposition, lease return, redeployment), we recommend:

• A designated onsite storage cage, room, or closet with very limited access and secured entry
• Offsite secure storage and management by your ITAD vendor
• An onsite lockbox system

Whatever storage system you devise, it should include thorough device tracking by serial # to ensure a full chain of custody process and documentation. IF something does turn up missing, you want to know.

HOW CAN A LOCKBOX HELP WITH SECURE ASSET DISPOSITION?

Lockboxes securely hold items until your ITAD, data destruction provider or other third party vendor is scheduled for the asset transfer. The lockbox can be securely emptied and inventoried onsite or used to pack and transport live hard drives, tapes, etc. When lockboxes are transported with your equipment inside, they should always include locks, tamper-proof seals, asset transfer forms and full tracking documentation.

Lockbox programs are perfect for small data destruction quantities and remote locations. You’ll be in compliance and assured that your data is safe with a container-based program.

THE SECURE ASSET STORAGE TAKEAWAY

It’s up to you to figure out a process and secure place that prevents your assets and data from walking out the door. Or just misplaced. There are onsite options so that device size, quantity or budget aren’t an excuse for failing to create a secure asset storage location.

Guardian’s Secure Lockbox program fulfills the needs for many small and out-of-the-way companies that need a temporary solution. With lockboxes ranging in size and portability, there is a secure place to stash and inventory data-sensitive items until disposition arrives onsite or the container is sealed and securely transported.

Following such a process will, in many cases, eliminate the chance of data theft and maximize the efficiency of your IT asset disposal procedure and equipment replacement
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Common devices storing company data
Guardian’s packing and secure logistics services
Ask about our flexible, secure lockbox program options

By: Joseph Imperato, Sr., Partner,
XSolutions Consulting Services, LLC

Back to the office!

Many are rushing back to the office as the nation reopens.  Some companies want all of their employees vaccinated and in the office, while others are using a hybrid approach. Either way, we’re back and ready to go! But, are we?

The devil is in the details

When COVID hit, there was a mad scramble to abandon the office and flee to the safety of our homes. What was thought to be a short stint of two weeks turned into a 15-month ordeal. During that time, many employers never addressed the security issues associated with working-from-home (WFH).

Companies allowed employees to log into their systems with hastily deployed VPNs without hardening home networks. In many cases, employees used their company-issued laptops for personal enjoyment, like shopping, surfing the net, etc.—all outside of the corporate protective bubble.

Others took their laptops to states or countries with better climates, which begs the question, “were proper security precautions taken while using WiFi in hotels or other temporary accommodations?”

Let’s face it, if people didn’t take precautions within their homes, how much security did they use when away?

The hidden danger: Malware may be sitting on employee laptops, gathering information, and ready to spring into action as soon as they connect directly to the office network.

Assume that devices coming back to the office are compromised

Taking this posture puts everyone on guard for possible issues. Think in advance and put policies and procedures in place to protect your company:

• Ensure that network security programs are updated, operational, and ready to detect anomalies when returning devices are connected.
• Scan all devices for vulnerabilities before connecting them.
• Make sure that only company-approved software is used. Remove all unauthorized programs.
• Validate that all software is up to date, including operating systems and third-party programs.
• If in doubt, wipe out machines and reinstall corporate-approved software.
• Scrutinize your network for any signs of abnormal behavior. Always be monitoring!
• Dust off your company’s Incident Response Plan, review and update it as necessary, and make sure it is ready to go.

Conclusion

Let’s not make the same mistakes that we made going into the pandemic by rushing things and not taking the necessary precautions—plan in advance for the return of your employees. Work in stages, and make sure all equipment is secure BEFORE reconnecting them back to the network.

All it takes is one “sleeper virus” to spring a surprise ransomware attack on your company to cause a lot of grief. Be safe.
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XSolutions is an IT Services Provider serving New York (NY), New Jersey (NJ), and Connecticut (CT). We provide Managed IT Services | Managed IT Security | Backup & Disaster Recovery| Cloud Data Protection. Call (845) 362-9675 for a free consultation.

By: Susan L. Nardone, Director, Employment & Labor Law, Brittany E. Grierson, Associate, Employment & Labor Law and Joseph E. Santanasto, Associate, Employment & Labor Law, Gibbons P.C.
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​On June 10, 2021, the United States Department of Labor’s Occupational Safety and Health Administration (OSHA) finally issued its long-awaited update to its COVID-19 workplace safety guidance, setting forth best practices for all employers as employees return to the physical workplace after a lengthy absence. The same day, OSHA issued an Emergency Temporary Standard (ETS) – pursuant to the DOL’s rule-making authority – establishing mandatory procedures for “covered healthcare employers.” We summarize the obligations and recommendations imposed on healthcare and non-healthcare employers below.

OSHA Guidance Applicable to All Employers

OSHA’s June 10, 2021 general guidance applies to all industries and replaces its January 29, 2021 guidance. Importantly, OSHA makes clear that the June 10 guidance is not a standard or regulation and that it creates no new legal obligations. Instead, it offers recommendations for employers to protect unvaccinated or otherwise at-risk workers. The June 10 guidance reinforces the current CDC guidance applicable to individuals who are fully vaccinated.

In accordance with the CDC’s guidance that “fully vaccinated people can resume activities without wearing masks or physically distancing” unless required by law, rule, regulation, and/or business and workplace guidance, OSHA has indicated that “most employers no longer need to take steps to protect their workers from COVID-19 exposure in any workplace, or well-defined portions of a workplace, where all employees are fully vaccinated.” However, OSHA explains that “employers should still take steps to protect unvaccinated or otherwise at-risk workers in their workplaces, or well-defined portions of workplaces.” “At-risk workers” are defined as those employees who may not have a full immune response to the vaccination due to certain conditions, such as a prior transplant, or due to a prolonged use of an immune-weakening medication, or those with disabilities who, under the Americans with Disabilities Act, are legally entitled to reasonable accommodations that protect them from the risk of contracting COVID-19 if, for example, they cannot be protected through vaccination, cannot get vaccinated, or cannot use face coverings.

OSHA outlined the following steps that should be taken to protect unvaccinated and/or at-risk workers, and to mitigate the spread of COVID-19 in the workplace:

Grant paid time off for employees to get vaccinated;
Instruct infected workers, unvaccinated workers who have had close contact with someone who tested positive for COVID-19, and all workers with COVID-19 symptoms to stay home from work to prevent or reduce the risk of transmission of the virus;
Implement physical distancing for unvaccinated and otherwise at-risk workers in all communal work areas;
Provide unvaccinated and otherwise at-risk workers with face coverings or surgical masks, unless their work task requires a respirator or other PPE;
Educate and train workers on the employer’s COVID-19 policies and procedures using accessible formats and in a language they understand;
Suggest that unvaccinated customers, visitors, or guests wear face coverings, especially in public-facing workplaces such as retail establishments, if there are unvaccinated or otherwise at-risk workers in the workplace who are likely to interact with these customers, visitors, or guests;
Maintain ventilation systems;
Perform routine cleaning and disinfection;
Record and report COVID-19 infections and deaths. Under mandatory OSHA rules in 29 CFR 1904, employers are responsible for recording work-related cases of COVID-19 illness on OSHA’s Form 300 logs if the following requirements are met: (1) the case is a confirmed case of COVID-19; (2) the case is work-related (as defined by 29 CFR 1904.5); and (3) the case involves one or more relevant recording criteria (set forth in 29 CFR 1904.7) (e.g., medical treatment, days away from work);
Implement protections against retaliation and set up an anonymous process for workers to voice concerns about COVID-19-related hazards; and
Follow other applicable mandatory OSHA standards. All of OSHA’s standards applicable to protecting workers from infection remain in place, including requirements for PPE (29 CFR 1910, Subpart I (e.g., 1910.132 and 133)), respiratory protection (29 CFR 1910.134), sanitation (29 CFR 1910.141), and protection from bloodborne pathogens (29 CFR 1910.1030), and employee access to medical and exposure records (29 CFR 1910.1020).
An Appendix to the guidance addresses appropriate measures for higher-risk workplaces, defined as those where vaccinated and unvaccinated persons, including those who are at-risk: (1) work in close contact; (2) are in close contact for a prolonged period of time; (3) are exposed to the virus through respiratory droplets in the air; (4) live in communal housing; (5) share employer-provided transportation; and (6) are in contact with other unvaccinated or otherwise at-risk individuals in community settings in areas where there is elevated community transmission. In order to protect unvaccinated or otherwise at-risk workers in higher-risk workplaces, OSHA recommends that in addition to the recommendations listed above, employers should:

Stagger break times or provide temporary break areas and restrooms to prevent groups of unvaccinated or otherwise at-risk workers from congregating during breaks;
Ensure that unvaccinated or otherwise at-risk workers maintain at least 6 feet of distance from others at all times, including on breaks;
Stagger workers’ arrival and departure times to avoid congregations of unvaccinated or otherwise at-risk workers in parking areas, locker rooms, and near time clocks;
Provide visual cues (e.g., floor markings, signs) as a reminder to maintain physical distancing; and
Implement strategies (tailored to an employer’s workplace) to improve ventilation that protects workers in accordance with the CDC’s and OSHA’s guidance on ventilation in the workplace.
ETS Applicable to Covered Healthcare Employers

The ETS issued on June 10 established a series of mandatory, and more stringent guidelines for “covered healthcare employers,” which the ETS defines as “all settings where any employee provides healthcare services or performs healthcare support services” but does not include:

First aid performed by an employee who is not a healthcare provider;
Dispensing of prescriptions by pharmacists in a retail setting;
Non-hospital ambulatory care settings where all non-employees are screened prior to entry and persons with, or expected to have, COVID-19, are not permitted entry;
Well-defined hospital ambulatory care settings where all employees are fully vaccinated, all non-employees are screened prior to entry, and people with suspected or confirmed COVID-19 are not permitted to enter;
Home healthcare settings where all employees are fully vaccinated, all non-employees are screened prior to entry, and people with suspected or confirmed COVID-19 are not present;
Healthcare support services not performed in a healthcare setting (e.g., off-site laundry, off-site medical billing); and
Telehealth services performed outside of a setting where direct patient care occurs.
Under the ETS, all covered healthcare employers must:

Develop and implement a “COVID-19 Plan,” which must be in writing for employers with more than 10 employees. This COVID-19 Plan must:
Designate workplace safety coordinators who are knowledgeable in infection control principles and practices and who have authority to implement, monitor, and ensure compliance with the COVID-19 plan;
Include a work-place specific hazard assessment;
Seek input and involvement from non-managerial employees and their representatives with regard to the hazard assessment and the development and implementation of the COVID-19 plan;
Monitor the effectiveness of the COVID-19 Plan following implementation; and
Include policies and procedures to minimize the risk of transmission of COVID-19 to employees.
Implement patient and visitor screening measures, including limiting and monitoring points of entry for settings where direct patient care is provided, screening all entering patients for symptoms of COVID-19, and developing policies and procedures that adhere to CDC guidelines regarding COVID-19;
Provide employees with properly fitting face masks – not simply cloth face coverings – and other necessary PPE when at work. Covered healthcare employers must also provide and ensure that employees use respirators when exposed to people with suspected or confirmed COVID-19 and for aerosol-generating procedures on a person with suspected or confirmed COVID-19;
When performing aerosol-generating procedures on persons with COVID-19, limit the number of employees present to only those essential; perform procedures in an airborne infection isolation room, if available; and clean and disinfect surfaces and equipment after the procedure is completed;
Ensure physical distancing among employees of at least six feet when indoors;
In non-patient care areas where employees cannot maintain at least a 6 foot distance between each other, install cleanable or disposable barriers between work stations, if feasible;
Follow standard practices for cleaning and disinfection of surfaces and equipment in accordance with CDC guidelines in patient care areas, resident rooms, and for medical devices and equipment; and in all other areas, clean high-touch surfaces and equipment at least once a day and provide alcohol-based hand rub that is at least 60% alcohol or provide readily accessible handwashing facilities;
Ensure that employer-owned or controlled HVAC system(s) are used in accordance with manufacturer’s instructions and design specifications; air filters are rated Minimum Efficiency Reporting Value (MERV) 13 or higher if the system allows it; airborne infection isolation rooms are maintained and operated in accordance with their design and construction criteria; and intake ports are cleaned, maintained, and cleared of debris;
Implement employee health screening protocols, which at a minimum must:
Require that employees complete a personal health screening before each workday;
Provide employees with COVID-19 testing at no cost;
Require that employees promptly notify the employer when the employee tests positive for COVID-19 or is experiencing symptoms of COVID-19;
Promptly remove employees from the workplace who have tested positive for COVID-19 or are experiencing symptoms of COVID-19;
Notify certain employees within 24 hours when a person who has been in the workplace is COVID-19 positive;
Make decisions on returning employees to work in accordance with guidance from a licensed healthcare provider or specified CDC guidance; and
Continue to pay employees removed from the work environment under this protocol, in most circumstances.
Provide training in a language and at a literacy level that employees understand regarding disease transmission, tasks and situations in the workplace that could result in COVID-19 infection, and relevant policies and procedures; and ensure employees receive additional training when changes occur that affect the employee’s risk of infection, if policies or procedures are changed, or when there is an indication that an employee has not retained necessary understanding or skill;
In circumstances where respirators are provided to employees, provide training on inspecting, putting on, removing, and using respirators like N-95s; the limitations and capabilities of the respirator; procedures and schedules for storing, maintaining, and inspecting respirators; how to perform a user seal check; and how to recognize medical signs and symptoms that may limit or prevent the effective use of respirators.
Inform employees of their right to be free from retaliation for exercising their rights under the ETS.
If the covered healthcare employer has more than 10 employees, establish a COVID-19 log memorializing all employee instances of COVID-19 without regard to occupational exposure, and follow requirements for making records available to employees; and
Report to OSHA each work-related COVID-19 fatality within 8 hours of learning about the fatality, and each work-related COVID-19 in-patient hospitalization within 24 hours of learning about the in-patient hospitalization;
Other than the ventilation and physical barrier provisions, covered healthcare employers must comply with all mandates set forth in the ETS within 14 days of its publication in the Federal Register, which is pending.

If they have not already done so, covered healthcare employers should immediately start taking steps to prepare and implement policies and protocols consistent with the ETS.

We also recommend that all employers update their current policies and practices to conform to the latest OSHA guidance on COVID-19, along with relevant guidance from the Equal Employment Opportunity Commission, and be sure to comply with any additional local, state or federal requirements, as applicable.

If you have any questions about this blog post, please reach out to an attorney in the firm’s Employment & Labor Law Group.