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Air Today . . . Gone Tomorrow Article Lower Manhattan
Occupational & Environmental Health Concerns in the Aftermath of the Attack on the WTC
NYCOSH testimony from the New York
City Council Joint Meeting of Committees on Health, the Environment, and Lower Manhattan
Redevelopment, March 8, 2002
Mr. Chairman, and Members of the Committees:
My name is David Newman. I am an industrial hygienist on the staff of the New York
Committee for Occupational Safety and Health (NYCOSH). NYCOSH is a private, non-profit,
union-based health and safety organization located here in Manhattan. We operate
throughout the five boroughs of New York City, Nassau and Suffolk, and the lower Hudson
Valley. Over 200 local unions and other labor and community organizations in the
metropolitan area are members of NYCOSH, as are several hundred individual workplace
safety and health activists, healthcare and legal professionals, and concerned citizens.
NYCOSH has been providing technical assistance and comprehensive training in occupational
safety and health to unions, employers, government agencies, and community organizations
for over twenty years.
Since the tragic events of September 11
and continuing to this day, NYCOSH has worked closely with unions, employers, and
non-profit, immigrant, community, and tenant organizations at Ground Zero and throughout
lower Manhattan. This work has included outdoor and indoor environmental sampling,
assessment of the safety and healthfulness of affected workplaces and residences, help
with design or evaluation of sampling, cleanup, and reoccupancy protocols, and technical
assistance with building ventilation and filtration issues. NYCOSH serves as an
information clearinghouse for area workers, unions, employers, and residents.
For two months, NYCOSH, in collaboration
with the Queens College Center for the Biology of Natural Systems and the Latin American
Workers Project, operated a mobile medical unit near Ground Zero, which provided free
medical screenings for immigrant day laborers engaged in the cleanup of contaminated
offices and residences. We have provided respirators to hundreds of area workers, along
with changeout filter cartridges, fit-testing, and training in proper respirator use. In
addition, NYCOSH has provided training in occupational safety and health to hundreds of
area workers. NYCOSH continues to collect and evaluate environmental sampling results and
other pertinent data from both public and private sources and to consult with scientific
and medical experts to ensure that our information about environmental and occupational
health conditions in lower Manhattan is comprehensive, accurate, and current.
I would like to begin by acknowledging the
valuable and dedicated efforts of city employees in lower Manhattan since September 11,
work of which they, and we, can be proud.
Nevertheless, NYCOSH remains concerned
that the response of various agencies of the City of New York, including the Departments
of Health (NYCDOH), Environmental Protection (NYCDEP), Buildings, and Design and
Construction, and the Office of Emergency Management, to the events of September 11 has
not been adequately protective of environmental quality or of public health and has not
been consistent with their mission or with prior emergency response operations. As a
result, thousands of workers, residents, and students throughout lower Manhattan remain at
elevated levels of risk for exposure to contaminants which threaten their health and which
threaten the general environment.
1. Early public statements by city
officials and agencies appear to ignore or contradict information which was readily
available at the time.
For example, on September 12, Mayor
Giuliani and City Health Commissioner Neal Cohen told reporters that "air quality is
being monitored, but no cause for concern has been detected." Cohen said that several
agencies were "looking at air asbestos," but "at this point, we don't have
any level of concern." Giuliani said, "The air is safe as far as we can
tell." On September 17, NYCDOH issued this statement: "As expected, some
asbestos was found in a few of the dust and debris samples taken from the blast site and
individuals working in this area have been advised to take precautions. However, most of
the air samples taken have been below levels of concern. Based on the asbestos test
results received thus far, there are no significant health risks to occupants in the
affected area or to the general public."
At the time, it was common public
knowledge that extensive quantities of sprayed-on asbestos-containing fireproofing were
present in the World Trade Center at the time of its collapse. Significant quantities of
asbestos were likely to have been released into the environment by the collapse of the
Twin Towers and would continue to be released until the completion of the clearance of the
World Trade Center site. By the end of September, US EPA had collected 177 bulk dust
samples, of which only 24 percent were free of asbestos. Some 49 percent contained less
than 1 percent asbestos and 27 percent contained more than 1 percent asbestos. In another
example, information on the probable presence of toxic substances was available under the
hazardous chemical storage reporting requirements of the Emergency Planning and Community
Right-to-Know Act, codified in Title 40 of the Code of Federal Regulations, parts 350 -
372, sections 311 - 312. Examination of such readily available data would have indicated
the possible presence of barium, lead, chloroform, chlordane, carbon tetrachloride,
cadmium, chromium, mercury, hydrogen sulfide, arsenic, and other toxic substances at the
United States Customs Service, 6 World Trade Center, and of mercury, tetrachloroethylene,
PCBs, arsenic, ethane, and other toxic substances at the Port Authority of New York and
New Jersey, 1 World Trade Center, and thus the potential for contamination by or exposure
to any of these toxic substances.
2. City agencies have downplayed
and continue to downplay the extent and significance of threats to public health and to
the environment in lower Manhattan.
Unfortunately, this behavior may have
influenced government response efforts as well as subsequent behavior by workers,
employers, residents, and landlords. The message sent out by the city was that there was
no cause for concern. Consequently, in many instances, workers did not receive immediate,
unequivocal, and specific instruction about personal protective equipment, including types
of respirators and filters appropriate for the contaminants to which they were exposed.
Respirator use even today among some Ground Zero workers and among most lower Manhattan
cleanup workers remains at unacceptably low and unsafe levels. In many cases landlords and
employers have encouraged or forced workers and tenants to return to or remain in offices
and residences which have not been adequately tested for contaminants or appropriately
cleaned or abated. Recently released studies of environmental quality in lower Manhattan
by the University of California at Davis and the U.S. Geological Survey indicate the
presence of toxic contaminants which had not been monitored by other agencies. In
addition, as some buildings, e.g., 90 Church Street and 30 West Broadway, undergo
comprehensive environmental sampling, extensive mercury and dioxin contamination has been
found, raising concerns that other buildings being cleaned or reoccupied may also be
contaminated with unidentified toxic substances.
It is also important to note that
workplaces, residences, and schools along West Street from Ground Zero to North Moore
Street continue to be exposed to environmental contaminants from ongoing truck and barge
operations at the waste transfer site at Pier 25. Concentrations of respirable
particulates (PM2.5) at the barge site have regularly measured twice as high as those
adjacent to Ground Zero.
3. The virtually exclusive
reliance by city agencies on the results of outdoor environmental sampling to characterize
risk serves to underestimate indoor risk levels.
Outdoor air monitoring may accurately
measure asbestos at very low concentrations which result from the dispersion and dilution
of fibers throughout the atmosphere. However, such measurements may not be reflective of
conditions indoors where asbestos fibers infiltrate and do not get dispersed or diluted.
Instead they settle out on surfaces, from where they may be repeatedly stirred up and
distributed within buildings by human activity and mechanical ventilation systems.
Continued infiltration over time of even small amounts of asbestos-containing dust may
result in significantly higher indoor concentrations, thus posing exposure hazards indoors
that may not be present outdoors. With the exception of exposures at Ground Zero, the
heaviest exposures to airborne asbestos are occurring in indoor settings where settled
dust and debris from the collapse of the Trade Center are disturbed and made airborne
again by workers or residents engaged in cleanup activities.
4. The incidence of exposure to
environmental contaminants could have been minimized or prevented if the City had
undertaken a coordinated effort to clean up outdoor and indoor spaces and to protect
cleaned indoor spaces against re-contamination. City agencies did not provide, and are not
providing, appropriate leadership, information, or enforcement with regard to safe and
effective cleanup of potentially contaminated indoor spaces in lower Manhattan. As a
result, cleanup efforts in lower Manhattan have been haphazard and inadequate.
NYCDOH published "Recommendations for People Re-Occupying Commercial Buildings and
Residents Re-Entering Their Homes" on September 17. That document continues to be the
City's official guidance. It states that "there are no significant health risks"
involved in cleaning workplaces or homes. It states that "you are advised to wear a
dust mask upon entering [the area closest to Ground Zero] to decrease the possibility of
dust inhalation and throat irritation. Outside [the area closest to Ground Zero], masks
are not necessary, but may be worn for your own comfort. If there is dust present indoors,
it should not be necessary to wear this mask if you follow the cleaning procedures
detailed below."
If the settled dust from the collapse of
the World Trade Center is contaminated with asbestos, as OSHA now acknowledges, any
exposure does, in fact, pose a health risk. If the dust contains asbestos, a "dust
mask" will not provide protection. Since it is virtually impossible to prevent the
ultra-fine dust from the collapse from becoming airborne when it is disturbed, only an
asbestos abatement can guarantee safe and effective cleanup of asbestos and other
particulate contaminants.
5. City agencies have declined to
enforce applicable existing laws that protect public health and the environment.
Perhaps most significantly, NYCDEP has
failed to enforce the New York City Asbestos Abatement and Control Rules and Regulations,
the purpose of which is to protect workers and the public from harmful exposure to
asbestos.
The law establishes reporting requirements for removal of asbestos-containing material
from indoor surfaces, as well as specific procedures for abatement, post-abatement
clearance air testing, and worker protection. US OSHA stated in January that "in that
the materials containing asbestos were used in the construction of the Twin Towers, the
settled dust from their collapse must be presumed to contain asbestos. Therefore [testing
of the dust] is not necessary..." [For the complete text of OSHA's January statement
that settled World Trade Center dust contains asbestos, click
here.]
Although such asbestos-containing dust has been cleaned or disturbed in thousands of lower
Manhattan workplaces and residences, NYCDEP Chief of Staff Charles. G. Sturckin has
informed NYCOSH that his agency has recorded only 35 asbestos abatements in lower
Manhattan since September 11. As a result, untold numbers of residents and cleanup workers
have been allowed to engage in unrecorded, unsupervised, illegal, and unprotected and
dangerous activities. Furthermore, these misguided efforts are likely to have been
ineffective in achieving their goal of removing asbestos fibers from indoor spaces.
6. The city did not utilize in
lower Manhattan the aggressive emergency measures to protect public health and the
environment which it has employed in previous disaster response operations.
In 1989, an underground steam pipe
explosion in the Gramercy Park area of Manhattan killed 3 people, injured 24, and released
approximately 200 pounds of asbestos into the general environment. The asbestos, part of a
muddy mixture of water and earth, was sprayed onto every outdoor surface and many indoor
surfaces in an area somewhat larger than 1 square block. This asbestos-contaminated mud
had an asbestos content roughly identical to that of Trade Center dust in lower Manhattan
today, ranging from trace level to five percent.
As soon the presence of asbestos in
Gramercy Park was confirmed, NYCDOH declared a public health emergency, ordered the
evacuation of more than two hundred residents, and sealed off the contaminated area.
NYCDEP, in collaboration with NYCDOH and US EPA, initiated complete asbestos abatement
operations in all contaminated buildings and in all contaminated outdoor areas. In some
buildings, the decontamination took months, during which time the residents lived
elsewhere, at the expense of Con Edison. In the 12 years that have passed since then, no
one has suggested that the City's response to asbestos contamination in Gramercy Park was
not appropriate. Yet, despite significantly higher levels of fatalities, injuries,
evacuations, and toxic releases in lower Manhattan, city agencies undertook no comparable
actions subsequent to the events of September 11.
7. Even at this late date, there
is much we can do to prevent further harm to those who may still be at risk. Effective
measures can be taken, and must be taken immediately, to ensure adequate cleanup, to
protect the indoor environment on an ongoing basis, and to minimize additional releases of
contaminants.
NYCOSH has recommended since shortly
after September 11 that city agencies establish binding protocols for evaluation, cleanup,
clearance testing, and reoccupancy of contaminated or potentially-contaminated workplaces
and residences in lower Manhattan. We recommend that the appropriate government agency or
agencies require:
- asbestos abatements be conducted in
premises contaminated with visibly elevated levels of dust, as per the OSHA letter of
January 31, 2002, which states "in that ... materials containing asbestos were used
in the construction of the Twin Towers, the settled dust from their collapse must be
presumed to contain asbestos"
- abatements meet all requirements of the New
York City Asbestos Abatement and Control Rules and Regulations, including reporting,
worker protection, and aggressive clearance testing
- explicit criteria for reoccupancy of
buildings or areas.
Additional information on these
recommendations can be found on our website, http://www.nycosh.org.
8. As we assess the
strengths and deficiencies of our response to 9/11, city agencies must begin now to
prepare a coordinated, uniform, comprehensive disaster response plan to better protect
public health and environmental quality in the face of future catastrophic incidents.
NYCOSH also recommends the
establishment of a uniform disaster response plan, elements of which should include, in
addition to those listed above:
- designation of a lead agency to coordinate
response and to ensure compliance with applicable regulations
- coordination of federal, state and local
agencies
- clear delineation of the role of each
agency
- ability of each agency to act quickly and
with authority in its areas of expertise
- pro-active planning to ensure adequate
response in all sectors, including workplaces, residences, and indoor and outdoor public
spaces
- creation of a compendium of applicable laws
and regulations, including those pertaining to occupational safety and health,
environmental protection, and worker and community right-to-know
- development of a best practices guidebook
based on previous incidents
- establishment of protocols for:
- emergency evacuation of impacted buildings
and areas
- environmental sampling and analysis,
including collection, centralization, and dissemination of results
- assessment of building ventilation and
filtration capabilities
- immediate and ongoing hazard analysis
utilizing all available data, including but not limited to, results of environmental
sampling, SARA Title III annual reports, toxic release inventory release reports, etc.
- accumulation, storage, and emergency
distribution of personal protective equipment (PPE), including respirators
- on-site, emergency, short duration
respirator training and fit-testing, followed as soon as possible by full training
- ongoing communication between response
agencies and affected parties
- a central personnel registry to track
workers, volunteers, and exposed or otherwise affected persons
- coordination and funding of immediate and
long-term medical response and surveillance by government agencies and medical
institutions.
It is essential that we learn from the
tragic events of September 11. It is now 6 months since the attack on the Trade Center.
Unfortunately, there is nothing we can do to bring back those we have lost. However, as
more information becomes available and as we assess the strengths and deficiencies of our
response, there is much we can do to prevent further harm to those who may still be at
risk. And, should the unthinkable reoccur, we must be better prepared to protect public
health and environmental quality.
Thank you for this opportunity to make our
views known.
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