NYC 9/11 Public Portal Document
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The general definition of a "competent person" is presented at 29 CFR 1926.32(f;.
According to the standard, a "competent person" is, "me 'aho is capable of identifying
existing and predictable hazards in the surroundings cr w^rrking cimdiiions which are
unsanitary, hazardous, cr dangerous to employees, md who has authorization to uike prctnt’i
corrsdioe msasiires io eliminate them." Paragraph 1926.1101 (b) further defines a
"competent person" as, "tn addition io the ^finriiOK in 29 CrK 1926 32^}, one whc is capable
of identifying existing asbestos hazards in the workplace and selecting the apprcpriaie control
strategy fyr asbestos exposure, who has the'aiithoriZj to take pr^impt corrective measures io
eliminate them, as specified in 25 CFR 1926.32^." The Construction Asbestos standard
furtiter incorporates die pro^dsions of 29 CFR lS26.20(bX2) which requires frequert and
regular mspections of job sites, materials, and equipment to be made by the competent
person, These rsquirements are geared toward ensuring maximum safety and health
for employees on worksites where asbestos is present
Step 3: 'V
Reply: The National Institute for Occupational Safety and Health (\TO9H) is the
Federal agency assigned the responsibility for approving respirators and filters. Ah
respirators and filters required by OSHA standard.-? must be N2OSH certified. OSHA's
Respiratory Protection Standard.. 29 CFR 1910.134, governs the workplace use of
respirators.
A NIOSH-cenifted HEPA filter is, "afilter that is at kast 99.97% efficient in removing
mcno-di!>perse particles of 0.2 mKrometas in diameter. ” Ecriivalent particilate filters
certified by' r<IOSH are the NlOO, RlOO, and PlOO filters.
I The 0,3 micrometers (microns - pm) diameter particle used in the certification tesung of
die HEPA (and lOO-series) respirator filters is approximately the most pex'-.etratip.g for
I ' particulate filters. Although.it seems contrary' io expectafion, smaller particles do not
penetrate as readily as 0.3 (un particles. That is to say, these filters eiimma-te other
particle sizes at least as well as the certified efiiciencj' value cf .
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Step 4: Tlie remaining debris must be taken out properly.
R &ply: /.sbestos-ccntaiiving waste must be presumed to be iiitemu>«d with tiie
remaining debris at thte World Trade Center site be-cio, - miteriih ccmairung asbestoa
were used in ths constniction of the Tw in Towers, Therefore, m accordance vdth
1926.IIOI gh ’)(u), wet methods must and are beiny used to control empioyee asbestos
e.'-rposni ss w.iile remo ving the remaining Twin Towers debris except witere employers
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NYC-WTC_000149963
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