Letter re: WTC Asbestos Cleanup Complaint, June 6, 2002

NYC 9/11 Public Portal Document

MEMORANDUM

To: NYCDEP From; P11 _._._._._._._._._._._._. Date: February 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 ggg 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 industry, which is section 1001 of Title 29 of the Code of Federal Regulations, 29 CFR 1001. 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