OSHA Crane Inspection Report and Analysis Oct 2001

NYC 9/11 Public Portal Document 05 -24 .'02 12:08 F.U @002 S2.'19.'20S2 12:26 E.P.ft. ‘sc-ia-jf rrem-MsYM ijurzI tntiLijK « a.c<n , NO. 65’’ 5ear T-<6E P 02/34 «-52e

i : U.S. Deparhn©:vi of Lahos’ ' Aasisiant SiCnilaiy Tor Occupaacnai Safety- arid Haanti : i Wasningiem. D.C. 20210 i : I

I Vis

Mr. Lowell Peterson Meyer, Suozzi, English and Klein, P.C. Counselors at Law I 1350 Broadway, Suite 501 New York, New York, lOOlS

Dear Mr. Ptterson:

Thank you for your October 16 letter to the Occupational Safely and Health Administration (OSHA). This letter constitutes OSHA's position only on the requirements discussed and may not be applicable to any issue not delineated within your original correspondence. You presented steps that Local 78 of the Asbestosz 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 twin towers. The steps the union recommends and our replies are pro^dded below.

Steplj All of the dust must be tested for asbestos usiny the Transmission Electron Mier oscopy method. I Reply; In that the materials containing asbestos were used in the construction of the i ! Twin Towers, the settled dust from their collapse must be presumed to contain asbestos. ! ’ Tlrierefore, the use of Transmission Electron Microscopy (TEM) is not necessary in order to establish that the applicable provisions of the Construction Asbestos standard, 29 . CER 1926.1101 apply during the demolition or salvage of the affected structures. 1 Step 2: AU dust ‘which liSK positive roust be removed by licensed contractors I using certified,asbestos handlers. ! i I • Reply: As you may know, contractor licensing and asbestos handler certification are city and state programs. Your concern, however, is directed tovzard ensuring the appropriate handling of asbestos hazards. OSHA's requirements, per 29 CFK 1. 1926.1101(o)(i), address the need for a "competent person"and state that this individual must be on foe worksite. The compstent person must have the qualifica tions and !• i I ) authorities for ensuring Worker safety and health as required by Subpart C General 1 .. Safety and Health Provisions for Construction (29 CPR192620 through 1926.32). I

i ' NYC-WTC_000149958