FEMA fax header re WTC inquiries, Aug 2002

NYC 9/11 Public Portal Document 05/24/02 12:00 F.4I @005 e2.>19z2002 12.-26 E.P fl 92Se63?-t : , ,,:v« rrur..«6,e„ , NC-.e®-" JCn-r l’rt« H.U3/'.4 --a< =

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The general definition of a "competent person” is presented at 29 CFR 1926.32(f). According to tt.e standard, a "competent person" is, "one loho is capable of identif^g r xisiing and predictable hazards in the surroundings or w^n^king conditions which are unsanitary, hazardous, or dangerous io employees, and who has audiarization to take prompt I I anrsctioe measures io eliminate them." Paragraph 1926.1101(b) further defines a "competent person" as, "in addition io the definition in 29 CFR 1926.32(f), one who is capable ofideniifiting existing asbestos hazards in the workplace and selecting the appropriate control strategyfar asbestos exp'^sure, vlio has the'authority to take prompt catrectioe messwes io ehminate them, as specified ir 29 CFR 192^32 f)." The Construction Asbestos standard further incorporates the provisions of 29 CFR 1926.20(b)(2) which requires frequent and regular inspections of joo sites, materials, and equipment to be made bj’ the competent . I person. These requirements ai4 geared toward ensuring maximum safety and health I for employees on worksites where asbestos is present -

Step 3; HEPA filter must be evaluated.

Reply: The National Institute for Occupational S^rfety and Health (NIOSH) is the federal agency assigned the responsibility for approving respirators and filters. All respirators and filters required by OSHA standards must be NIOSH certified. OSHA's Respiratory Protection Standard, 29 CFR 191D.134, governs fixe workplace use of respirators.

A NIOSH-certified HEPA filter is, "a. filter {hat is at kasi 99.9^ % ^cieni in removing mono-disperse partides of 0.3 micrometers in diameter." Equivalent particulate filters certified by NIOSH are the NlOO, KIQO, arid PlOO filters.

! The 0,3 micTDineters (microns - um) diameter particle used in five certification testing of tiie HEPA (and 100-series) respirator fitters is approximately the most penetrating for 1 I particulate filters. Although it seems contrary to expectation/ smaller particles do not penetrate as readily as 0-3 gm particles. That is to say, these filters eliminate other particle sizes at least as wall as the certified efficiency value of 99.97%, i Step4i The rejnaiTurf' "^ebris must be taken out properly.

Reply; Asbestos-ccntaining waste must be presumed to be intermixed with'the remaining debris at the World Trade Center site bemuse materials containing asbestos I I were used in the construction of the Twin Towers, Therefore, in accordance wi-th i 1926,1101(g)(l)(ii), wet methods must and are beingused to control employee asbestos I exposures while removing -the remaining Twin Towers debris except where employers

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