Neil A. Feldscher, CIH, CSP, J.D. 250 E 65th Street, #9C, New York, NY 10065 (973) 454-5625 neil.feldscher@gmail.com PROFESSIONAL EXPERIENCE NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION 2008 – Present Chief, Environmental Health & Safety, responsible for the direction, management and operation of the EHS Department of the Bureau of Engineering Design and Construction. This 15+ person Department is responsible for the EHS elements of all construction projects designed and/or administered by the Bureau (generally 150+ contracts valued in excess of $11B). The Bureau’s projects, located throughout both New York City and New York State, include design and construction of wastewater and sewage treatment facilities and pumping stations, water disinfection and supply facilities, aqueducts, roads, bridges, and facilities related to the operation of the reservoirs, aqueducts, and water supply system. Specific achievements include: Led Core Implementation Team to develop and implement an ISO 14001/ANSI Z-10 EHS Management System. This included identifying and assessing program impacts on the environment, establishing program policy, and developing and implementing control and management programs. Established sustainability goals as key performance indicators for program evaluation and to identify potential areas for future reductions to environmental impacts. Served as EHS technical lead for the New York City Rapid Repairs public works program which provided temporary repairs to more than 15,000 homes. Served on the Deputy Mayor Super Storm Sandy After-Action Review Committee and assisted with risk and hazard communication to the public. Currently serving as EHS Technical Oversight for the NYC Build it Back public works program aimed at providing permanent repairs to more than 12,000 homes. Redesigned and directed the Bureau’s EHS project auditing program providing independent compliance audits of all bureau projects. Audit data utilized to direct areas for program and policy development. Developed a separate auditing program to identify potential EHS issues for future operating personnel in adequate time for correction prior to project turnover. Developed the metrics reporting system, including the development and implementation of an internet based system, to collect accurate lagging and leading EHS metrics data from planners, designers, contractors and construction managers throughout the Bureau construction sites. Established system for including safety performance in contractor evaluations. Reviewed and utilized metrics data to identify sites and contractors needing performance improvement and directed corrective action programs. Developed and provided capital program reporting to DEP Commissioner. Proposed and led the development of an agency soil reuse policy and directed negotiations with New York State Department of Environmental Conservation for approval. Upon completion this policy is expected to save in excess of $1M per year in soil disposal costs while providing an environmental benefit. Developed bureau emergency action/incident response program, directed training of identified management personnel, and currently serve as EHS Safety Officer for incident responses. Chaired the Agency Health & Safety Coordination Committee and led the development of Agency policies for lead, confined space, cranes, injury and illness reporting, and compressed gases. Manage the EHS training department responsible for compliance and professional development training for 400 employees and more than 2,500 contractor and consultant employees. This includes developing and implementing standardized training programs for EHS personnel, Neil A. Feldscher Page 2 engineers, architects, managers, and all contractor employees, including an EHS orientation program. Implemented the use of computer based training and distant learning functionality. Established and implemented standardized Construction Management procedures for managing EHS during facility planning, design, construction, and turnover. Achieved a greater than 50% reduction in recordable incident rate in a five year period due to changes in auditing, programs, and personnel roles and responsibilities. Developed and implemented a system of prevention through design which includes aiding designers in understanding and incorporating EHS issues in design rather than correcting through change orders during construction. Developed and led team to review and incorporate EHS requirements and lessons learned into design specifications. LOWENSTEIN SANDLER PC, Roseland, New Jersey 2004, 2005 – 2008 Associate specializing in all aspects of environmental and health and safety law in 250+ attorney law firm. Significant areas of client experience included: handling and advising clients on the environmental aspects of corporate transactions; providing clients with environmental compliance counseling and representation on behalf of clients; representing responsible parties in multi-party actions for CERCLA sites; assisting facilities with environmental investigation and remediation programs; providing counseling on the intersection of environmental and bankruptcy law; advising clients regarding health and safety compliance with federal regulatory programs; and representing various clients in litigation related to health and safety claims. AKRF, INC., New York, New York 2005 Certified Industrial Hygienist for engineering and environmental consulting firm. Responsibilities included: conducting employee health and safety training; development and review of health and safety programs; development and review of community monitoring programs; and providing expert services related to building and tenant exposure associated with events of 9/11. EMTEQUE CORPORATION, New York, New York 2000 – 2005 Senior Manager for industrial hygiene and environmental consulting firm, managing up to 15 industrial hygienists and environmental scientists. Areas of significant responsibility and experience included: serving as the Corporate Health & Safety Officer; developed regulatory compliance and health and safety programs for clients; worked on architectural teams in designing compliance and safety into new construction and renovations; conducted and managed safety, environmental and industrial hygiene investigations for clients; designed and implemented remediation of environmental contamination and industrial hygiene exposures; aided clients in the development and implementation of EHS programs; provided expert services in regards to conditions arising from events of 9/11 including defending and prosecuting claims. CLAYTON GROUP SERVICES, INC., Edison, New Jersey 1998 – 2000 Senior Project Manager for nationwide industrial hygiene and environmental consulting firm specializing in human exposure to occupational or environmental contaminants. Responsibilities included: managing all environmental investigation and remediation work throughout the United States for a major retail industrial company; developing and implementing environmental remediation projects; and providing expert services related to compliance with TSCA regulations. EARTH TECH, INC., Cherry Hill, New Jersey 1993 – 1998 Senior Staff Scientist for nationwide environmental consulting and engineering firm. Major areas of responsibility included: serving as Regional Corporate Health & Safety Officer and Radiation Safety Officer; developed regulatory compliance and health and safety programs for clients; aided clients in program implementation and auditing; conducted and managed environmental and industrial hygiene investigations for clients; designed and implemented remediation of environmental contamination and industrial hygiene exposures; developed and implemented community air monitoring programs. Neil A. Feldscher Page 3 NORTHEASTERN ANALYTICAL CORPORATION, Marlton, New Jersey 1988-1993 Industrial Hygienist for environmental consulting and laboratory firm specializing in asbestos investigation and remedial design. EDUCATION FORDHAM UNIVERSITY SCHOOL OF LAW, New York, NY Doctor of Jurisprudence, May 2005 Fordham Journal of Corporate & Financial Law, Notes & Articles Editor UNIVERSITY OF DELAWARE, Newark, Delaware Bachelor of Science in Applied Physics, May 1988 BAR ADMISSIONS New Jersey New York PROFESSIONAL CERTIFICATIONS/TRAINING Certified Safety Professional Certified Industrial Hygienist Fellow, American Industrial Hygiene Association Hazwoper, 24-Hour OSHA, 10-hour Confined Space NYCDOB Supported Scaffold User PUBLICATIONS “Depositions and the Safety Professional”, Neil Feldscher, CIH, CSP, Esq., Professional Safety, publication pending. “The Three R’s: Reducing Your Environmental Impact”, Neil Feldscher, Esq., New York County Lawyer, December 2012. New Jersey Environmental Law Handbook, Lowenstein Sandler PC (7th ed. 2007). “Digital Photographs as Evidence”, Neil A. Feldscher, Esq., Synergist, May 2006. “New Jersey Takes the Lead on Chemical Plant Security”, Richard F. Ricci, Esq. and Neil A. Feldscher, Esq., New Jersey Law Journal, February 6, 2006. “Microbial Sampling and Data Interpretation for Problematic Buildings”, R. Christopher Spicer, Harry J. Gangloff & Neil Feldscher, Environmental Claims Journal, Winter 2005. PROFESSIONAL AFFILIATIONS American Board of Industrial Hygiene Board of Certified Safety Professionals New Jersey Bar Association New York Bar Association New York County Lawyers Association o Environmental Law Committee, Member o Construction Law Committee, Member o Government Law Committee, Member American Industrial Hygiene Association o Law Committee, Past Chair o Environmental Issues Committee, Member American Society of Safety Engineers o Legal Branch, Past Chair o Construction Practice Specialty, Member Neil A. Feldscher o o Page 4 Consultant Practice Specialty, Member Environmental Practice Specialty, Member TEACHING EXPERIENCE Professional Development Courses and Training Experts and Business of Expert Testimony Environmental Laws and Regulations Legal Issues and Exposures for Safety Professionals Legal Aspects of the Environmental, Health & Safety Profession Prevention through Design: ANSI Z590.3 Safety Professionals in Jail: The Future of EHS Liability? Braving the Storm: Managing Stormwater Pollution and Reducing Environmental Impact Student Forum: Legal Aspects of EHS Key Issue Roundtable: Legal Aspects of Training TSCA, Liability Issues, Etc. Comprehensive Overview of Toxic Substance Control Act Law for the Safety Professional Safety Professionals at Depositions Toxic Substance Control Act: Not Just Asbestos Photography for Safety Professionals The Myth of Contractual Immunity – Legal Risks on Multi-Employer Jobsites Industrial Hygienists and the Law Genetic Information Nondiscrimination Act Industrial Hygienists in Depositions Knowing When to Say NO: Legal & Ethical Issues Legal Side of Industrial Hygiene Differences Between US & Canadian Approach to Environmental Regulation Global Ergonomics Standards Industrial Hygienist Mock Trial Internal DEP Training Facility Right to Know/Hazard Communication RCRA Hazardous Waste Management DOT Waste Manifesting Hazwoper Traffic Work Zone Safety Chemical Laboratory Hygiene