ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

March 26, 2022

PCB and PCB Dredging Articles

PCB and PCB Dredging Articles by Dr. Robert A. Michaels, NYPPL's science consultant, are available for free download via https://www.researchgate.net/profile/Robert_Michaels3/publications

Michaels, RA; and Uriel M. Oko.  Negative Hudson River Superfund remediation effectiveness: clamshell dredging massively mobilized sediments, increasing PCB contamination. In: Public Comments Received on Proposed Second Five-Year Report, EPA Index Number 374, pages 493-562 (69 pages including appendices), submitted 30 August 2017, https://www.epa.gov/sites/production/files/2018-01/documents/updated_11-30-17_2017_fyr_comments_-_individuals_reduced_1.pdf, published online 17 January 2018;

Michaels, RA; and Uriel M. Oko.  Lessons learned from legacy contaminants of emerging concern: Hudson River PCB dredging. Albany, New York State Bar Association (NYSBA), The New York Environmental Lawyer, 37(2):58-74, https://www.researchgate.net/publication/355203949_Lessons_Learned_from_Legacy_Contaminants_of_Emerging_Concern_Hudson_River_PCB_Dredging_Albany_New_York_State_Bar_Association_NYSBA_The_New_York_Environmental_Lawyer_37258-74_Fall_2017, Fall 2017;

Michaels, RA; and Uriel M. Oko.  Negative Hudson River Superfund remediation effectiveness: clamshell dredging massively mobilized sediments, increasing PCB contamination. Comments on US EPA’s Proposed Second Five-Year Review. Collingswood, New Jersey, The Certified Environmental Professional (Newsletter of the Academy of Board Certified Environmental Professionals; ABCEP), pages 4-6, September 2017;

Michaels, RA; and Uriel M. Oko.  Excessive PCBs in the Hudson River:  attributable to incompleteness of dredging, or to seven years of dredging?  Environmental Claims Journal, 29(2):115-40, 2017; http://dx.doi.org/10.1080/10406026.2017.1307007, 25 April 2017c;

Michaels, RA; and Uriel M. Oko. Hudson River PCB dredging: mid-course assessment, and implications regarding possible project continuation vs. termination. Environmental Practice, 12(4):377-94, December 2010;

Michaels, RA; and Uriel M. Oko. Bias in the US EPA baseline health risk assessment supporting the decision to require dredging of PCB-bearing sediments from the Hudson River. Environmental Practice, 9(2):96-111, June 2007;

Michaels, RA. The emperor’s new clothes and the US EPA’s decision to dredge Hudson River PCBs. Environmental Practice, 7(3), September 2005;

Michaels, RA; R. George Rowland, and Charles F. Wurster. Polychlorinated biphenyls (PCB) inhibit photosynthesis per cell in the diatom Thalassiosira pseudonana. Environmental Pollution (Series A), 27(1):9-14, 1982;

Michaels, RA. Polychlorinated Biphenyl Toxicity to Two Phytoplankters as a Function of Environmental Conditions. August 1979, Degree: PhD, Department of Ecology and Evolution, SUNY at Stony Brook, 164 pages, Supervisor: Dr. George C. Williams, Chairperson (Dept. of Ecology & Evolution); research performed in the laboratory of Dr. Charles F. Wurster (Marine Sciences Research Center);

Powers, C. Donald; R. George Rowland, RA Michaels, Nicholas S. Fisher, and Charles F. Wurster. The toxicity of DDE to a marine dinoflagellate. Environmental Pollution, 9:253-62, 1975.

CONTACT INFORMATION

Dr. Robert A. Michaels; PhD, CEP

President, RAM TRAC Corporation Schenectady, New York

(518) 785-0976

www.ramtrac.com

 

March 25, 2022

Testing employees for Cannabis in positions in the service of the State as the employer

The Department of Civil Service has published General Information Bulletin 22-01, Cannabis Testing for State Titles applicable to employees of the State of New York as the employer. 

Text of General Information Bulletin 22-01 can be found here.

In addition a copy of General Information Bulletin 22-01 has been provided by the Department of Civil Service. To access the PDF version of  General Information Bulletin 22-01 click here.

To view previous General Information Bulletins issued by the Department of Civil Service, visit: https://www.cs.ny.gov/ssd/gibs.cfm

 

March 23, 2022

Bereavement and Family Sick Leave policies available to certain employees of the State of New York as the employer

The Department of Civil Service has issued Attendance and Leave Policy Bulletin 2022-02 which addresses items set out in the 2019–2023 State-PEF Negotiated Agreement and Changes to Management Confidential (M/C) – Bereavement and Family Sick Leave Benefit. 

The text of Policy Bulletin 2022-02 will be found at:
https://www.cs.ny.gov/attendance_leave/PolBull22-02.cfm 

Interested readers may print a PDF version  of Policy Bulletin 2022-02 which has been posted on the Internet at by clicking HERE.

To view previous Attendance and Leave bulletins issued by the Department of Civil Service, visit: https://www.cs.ny.gov/attendance_leave/index.cfm

 

March 22, 2022

Agricultural Chemical and Pest Risks

NYPPL has received a number of emails reporting that litigation involving medications such as Zantac and agricultural chemicals such as Paraquat are being filed in courts.

Listed below are selectedAgricultural Chemical and Pest Risks Articles and reports by Dr. Robert A. Michaels, NYPPL's science consultant. These items may be downloaded without charge from the Internet via
https://www.researchgate.net/profile/Robert_Michaels3/publications.

Dr. Michaels has advised clients on greenhouse chemical risks and permitting. He advised the State of Maine Dept. of Health Services and Dept. of Environmental Protection on pesticide registrations, and was appointed to the Ethylene Dibromide (EDB) Medical Advisory Committee of the Maine Department of Agriculture, Food and Rural Resources. He co-authored a book on EDB, and participated in interviews and technical presentations, for example as an invited TV panelist in the Maine Public Broadcasting Network documentary on Pesticide Spray Drift and Chemical Trespass. Dr. Michaels has assessed exposure and health risks potentially posed by numerous agricultural chemicals, including herbicides and pesticides. He serves on the National Fire Protection Association Committee on Classification and Properties of Hazardous Chemicals, establishing industry consensus standards for storage of substances including pesticides.

CONTACT INFORMATION

Dr. Robert A. Michaels; PhD, CEP, President, RAM TRAC Corporation

 Schenectady, New York

(518) 785-0976    Email bam@ramtrac.com    URL = www.ramtrac.com   

 

Michaels, RA.  Environmental Moisture, Molds, and Asthma - Emerging Fungal Risks in the Context of Climate Change.  Environmental Claims Journal, 29(3):171-93, 2017; online: https://doi.org/10.1080/10406026.2017.1345521, 26 July 2017;

Human Health Work Group, including RA Michaels. Final Report of the Human Health Work Group of the New York State Department of Environmental Conservation Comparative Risk Project. Albany, New York; NYS DEC, 308 pages, May 2001;

Michaels, RA. Mass poisoning. Nature (London):346:505 (letter), 9 August 1990;

Michaels, RA; DW Crawford, BA Campbell, FH Lawrence. Exposure and risk assessment, health monitoring, and risk management for herbicide applicators. National Academy of Sciences/ National Research Council, Transportation Research Record, 1016:21-7, 1985a;

Lawrence, Frank H.; and RA Michaels. Ethylene Dibromide (EDB) – A Guide for Decision Makers. Portland, Maine, EnviroLogic Data, 122 pages, March 1984;

Michaels, Robert Alan. Effect of DDT On Growth Rate and Photosynthesis in Pediastrum boryanum (Chlorococcales). Athens, Georgia, USA; University of Georgia, Institute of Ecology, Department of Zoology; Master of Science (MS) Degree, James E. Schindler, Major Professor; Donald C. Scott, Reading Committee Chairperson; 89 pages plus Appendices, August 1971.

National Fire Protection Association (NFPA) Technical Committee Reports

NFPA Technical Committee, including RA Michaels, et al. Standard System for the Identification of the Hazards of Materials for Emergency Response; NFPA 704, 2022 Edition. Quincy, Massachusetts; National Fire Protection Association, Technical Committee on Classification and Properties of Hazardous Chemicals Data, 38 pages, 2020;

NFPA Technical Committee, including RA Michaels, et al. Code for the Storage of Pesticides; NFPA 434, 2002 Edition. Quincy, Massachusetts; National Fire Protection Association, Technical Committee on Hazardous Chemicals, doi 10.13140/RG.2.2.25647.12964, 14 pages, 19 July 2002;

NFPA Technical Committee, including RA Michaels, et al. Code for the Storage of Ammonium Nitrate; NFPA 490, 2002 Edition. Quincy, Massachusetts; National Fire Protection Association, Technical Committee on Hazardous Chemicals, doi 10.13140/RG.2.2.18936.24328, 11 pages, 19 July 2002;

NFPA Technical Committee, including RA Michaels, et al. Fire Hazard Properties of Flammable Liquids, Gases, and Volatile Solids; NFPA 325, 1994 Edition. Quincy, Massachusetts; National Fire Protection Association, Technical Committee on Classification and Properties of Hazardous Chemicals Data, doi 10.13140/RG.2.2.17258.52169, 94 pages, 14 July 1994.

 

March 21, 2022

New York Public Personnel Law handbooks

The Discipline Book - A concise guide to disciplinary actions involving public officers and employees in New York State set out as an e-book. For more about this electronic handbook, click HERE.

A Reasonable Disciplinary Penalty Under the Circumstances- The text of this publication focuses on determining an appropriate disciplinary penalty to be imposed on an employee in the public service in instances where the employee has been found guilty of misconduct or incompetence. For more information click HERE.

Disability Benefits for fire, police and other public sector personnel - an e-book focusing on retirement for disability under the NYS Employees' Retirement System, the NYS Teachers' Retirement System, General Municipal Law Sections 207-a/207-c and similar statutes providing benefits to employees injured both "on-the-job" and "off-the-job." For more information about this e-book click HERE.

The Layoff, Preferred List and Reinstatement Manual-This e-book reviews the relevant laws, rules and regulations, and selected court and administrative decisions. Click HEREfor more information.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com