WTC document preservation notice, NYC Law Department

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; : U.S, Departmejvi of Lahos' * Aiis'iSW’t SeCTrt.'iiyTQr Occupancnti Seiaty sot HsanTi :1 Ii Wasningion. D.C. 20210 1 . I

I on Vie Kir. Lowell Peterson M^er, Suozzi, English and Klein, P.C. Counselors at Law I 1350 Broadway, Suite 501 New York, New York, lOOlS I Dear Mr. Peterson:

Thank you for your October 16 lettar to the Occupational Safety" and Health J Administration (OSHA). This letter constitutes OSHA's position only on the requirements discussed and may not be applicable to any issue not delineated within yow original correspondence. You presented steps that Local 78 of the Asbestos, Lead, and Hazardous Waste Laborers union thinks are imperative to protect the workers and residents in the area of the World Trade Center from the settled dust produced by the I collapse of the bvin towers. The steps the union recommends "and our replies are provided below. ! Step 1: All of the dust must be tested for asbestos usiny the Transmission Electron Microscopy method.

Reply: In that the materials containing asbestos wer^ used in the construction of the i ! Twin Towers, ihe settled dust from their collapse must be presumed to contain asbestos. ! Therefore, the use of Transmission Electron MiaoFcopy (TEM) is not necessary in order to establish that the applicable provisions of the Construction Asbestos standard, 29 . CTR 1926.1101 apply during the demolition or salvage of the affected structures. { S' Step 2: AU dust which tests positive must be removed by licensed contractors I I I I • Reply: As you may know, contractor licensing and asbestos handler certification are i I city and state programs. Your concent, howev'ar, is directed toward ensuring the appropriate handlelx asbestos hazards. OSHA's requirements, per 29 CFR 1926.1101(o)(i), address the need for a "competent peison"and state that this individual must be on the worksite. The compstent person must have the qualifica tions and :• 1 authorities for ensuring Worker safety and health as required by Subpart C, General i Safety and Health Provisions for Construction (29 CFR 1926.20 through 1926.32). ■| I

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