WTC document preservation notice, NYC Law Department

NYC 9/11 Public Portal Document 05/24/02 12:09 F.4X @003 B2Z19/2002 12:26 g.P fl .> 92SS6W |-<S8 r.uazw -»is ' »•

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The general dafc jtion of a "competent person" is presented at 29 CTR 1926.32(f). I According to the startdarch a "competent person" is, "one -oho is capable existing and predictable ha^ds in dte surroundings or working condHions wlich ere unsaniiarif, hazardous, or dangerous io employe, and who has aoidwrization U) take prompt i I corrBctioe measures io sliminats Stem" Paragraph 1926.1101(b) further defines a "competent persoit" as, "m addition io the definition in 2d CPR 1926.32^, one who is capable ofidentifying existing asbestos hazards m the workplace and selecting the appropriate control strategyJar asbestos exposure, who kzs theautiicrity to taike prompt corrsctioe mstsur^ io eliminate them, as specified in 29 ‘LPR1925.The Construction Asbestos standard further incorporates the prov.sions of 29 CPU 1926J0(b)(2) which requires frequent and regular inspections of job sfies, materials, and equipment to be made by the competent . I person. These requirements are geared toward ensuring maximum safety and health I for employees on worksites where asbestos is present • Step 3; HEPA filteng must be evaluated.

Reply; The National Institate for Occupational S^ety and Health (NIOSH) is the Federal agency assigned the responsibility tor approving respirators and filters. AU respirators and filters required fay OSHA standards must be NIOSH certified. C^HA's Respiratory Protection S^dard, 29 CER 1910.134/ governs the workplace use of respirators. A NIOSH-certified HEPA filter is, "ajtlier that is at kmsi 99.97% ^cumt in remooing mono-disperse partides of 0.3 nticromeiers in dion^er.'' Equivalent particulate filters . certified by NXOSH are the NIOO/EIOO, arid PICO filters. The 03 micTDmeters (microns - jia) diameter partxcle used in Ae certification testing of the HEPA (and 100-series) respirator filters is approximately the most penetrating for I: particulate filters. Although it seems contrary to ^pectatiorv smaller particles do not i penetrate as readily as 03 gm particles. That is to say, these filters eliminate other ! particle siz&s at least as w^ as the certified efficiency value of 99.97%. 1 « Step 41 The remaj^g qpist be taken out pronerly., I Reply: Asbestos-containing waste must be presumed to be intermixed with-the remaining debris at the World Trade Center site because materials containing asbestos • I were used in the constfuction of the Twin Towers. Therefore, in accordance with I I926.1101(g)(l)(ii), wet methods must and are being used to control employee asbestos exposures while removing the remaining Twin Towers debris except where employers

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