NYC 9/11 Public Portal Document
MEMORANDUM
To: NYCDEP
From: Marisa Ramirez de Arellano
202-352-1181
Date: Februaiy 5,2002
Re: Complaint No. 404925 (NYCDEP, Jan. 29, 2002)
Improper clean up of materials containing asbestos.
This is to follow up in writing a telephone complaint I made to NYCDEP’s 24-hour
Complaint Hotline on January 29, 2002. My complaint is that Rockrose Development
Corporation (Rockrose), 290 Park Ave. South, NY, NY 10010, has not exercised due
diligence concerning materials that could contain asbestos. I believe they have violated
and continue to violate OSHA regulations concerning the clean up of dust containing
over 1% asbestos at a building located at 333 Rector Place, New York, NY 10280.
TESTING OF DUST SAMPLES AT .^33 RECTOR PLACE
Attached are the results of building and apartment surveys of 333 Rector Place
conducted by;
Uday Singh
Industrial Hygienist
I. H. Consultants, Inc.
251 Park Street
Upper Montclair, NY 07043
These independent surveys test were requested by tenants of 333 Rector Place, They
show concentrations of asbestos (chrysotile) as high as 2% in various locations
throughout the building. Please note that concentrations in excess of 1% existed in the
building long after Rockrose had supposedly finished cleaning the building. I believe that
Rockrose has never even inspected or cleaned the ducts or shafts in the building.
This complaint is based on information and recommendations contained in the New
York Committee for Health and Occupational Safety WTC Factsheet 4, posted December
6,2001:
1. The law that requires employers to test dust is the OSHA asbestos regulation for
general industr>\ which is section 1001 of Title 29 of the Code of Federal
Regulations, 29 CFR1001. The requirement to test dust is Paragraph (j)(2)(i):
"Employers and building and facility owners shall exercise due diligence"
concerning any material that could contain asbestos.
2. According to OSHA, to exercise due diligence an employer must take "actions
that a reasonable employer would take in a given situation."
3. A reasonable employer "is responsible for investigating" the asbestos content of
any material that the employer "may know of, or suspect" as containing asbestos.
4. All employers should suspect that WTC dust contains asbestos, because they
know or should know that three-quarters of EPA samples of WTC dust contain
asbestos. In fact. Rockrose did suspect the presence of asbestos because they had
a company do air sampling, specifically for asbestos. Rockrose never reported
testing of dust samples.
NYC-WTC_000154595
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