FEMA fax header re WTC inquiries, Aug 2002

NYC 9/11 Public Portal Document 05.-24--02 12:08 F.ll ®002 02219x2002 12:2£ E-P.O- -> 92256523 “se-iavjf :i:.-siH rrem-MtYtK tnuuisn & r.c!n NO-SS” jr-; T-<8B ? DZ/;a F-sIs

; i U.S. Departin©;;! of Labor Assistant SiCTj'i.'iiy 7qt OccLipancna arid Health •i iI Wasningxort. D.C. 202:0 I ,

I

Mr. Lowell Peterson Meyer, Suozzi, English and Klein, P.C. Counselors at Law 1350 Broadway, Suite 501 New York, New York, 10018

Dear Mr. Ftterson:

Thank you for your October 16 letter to the Occupational Safety 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 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 settied dust produced by toe ! collapse of the bvin towers. The steps the union recommends ‘and our replies are provided below.

I Step 1; All of toe dust must be tested for asbestos u.stog toe Transmission Electron I i Microscopy method.

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. I Therefore, the use of Transmission Electron Microscopy (TEM) is not necessary to order to establish that the applicable provisions of the Construction Asbestos standard, 29 I CER1926-1101 apply during the demolition or salvage of the. affected structures- J i !' Step 2: All dust which tests positive must be removed by hcensed contractors I using certified asbestos handlers. I

f • Reply: As you may know, contractor licensing and asbestos handler certification are

H.I city and state program^:. Your concern, however, is directed toward ensuring the appropriate handling of asbestos hazards, OSHA'S requirements, per ?9 1926.1101 address the ne.-'d for a "competent person"and state that this individual must be on toe worksite. The couipstent person must have toe qualifier tions and i- i authorities for ensurtog Worker safety and health as required by Subpart C, General ! . Safety and Health Provisions for Construction (29 CFR 1926.20 through 1926.32). 'i I '

J NYC-WTC_000151703