9/11 WTC Environmental Health News
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2007: September - December
DECEMBER
- Farewell to a Marathon icon: Islander Vic Navarra, beloved race starter, succumbs to cancer ... Though he retired from the Fire Department in 1997, Navarra aided in the search for survivors after the terrorist attack on September 11, 2001. He attributed his cancer to airborne toxins present at the site. Navarra died yesterday at his West Brighton home. He was 55. ... (Staten Island Advance, Dec. 31, 2007)
- Feds Sign Bill Giving $108 Million For 9/11 Workers Health Care ... More than $100 million in federal funding will be used to expand health coverage for September 11th first responders. It's part of an omnibus appropriations bill that President George W. Bush signed Wednesday. The funds, $108 million, will be spent to help sustain existing health programs for emergency workers while the Senate can work on a long-term funding solution. Thousands of people are seeking treatment for illnesses related to the attacks. (NY1, Dec. 27, 2007)
- No New Developments for Toxic Downtown Building: The former Deutsche Bank building, severely contaminated on 9/11, was supposed to have been demolished by the end of this year. ... It has been over four months since a fire at the ill-fated vacant tower killed two firefighters. Yet, the Lower Manhattan Development Corporation that owns the site is still immersed in negotiations on how to proceed. Assembly Speaker Sheldon Silver blames the federal EPA. SILVER: We are the victim of the previous mistakes of the federal EPA, who basically does not want to sign off on anything because of their previous mistakes on 9/11. An EPA spokeswoman refuted Silver's charge and the agency won high praise from Congressman Gerald Nadler's office for their work on the 130 Liberty Street project. Meanwhile, a criminal probe continues of the circumstances surrounding last August's fire. For WNYC, I'm Bob Hennelly.OUTRO: Last week, Fire Commissioner Nicholas Scoppetta told a City Council hearing his department had yet to sign off on a plan to move forward. ... (WNYC, Bob Hennelly, Dec. 21, 2007)
- Health Dept Urges World Trade Center Health Registry Enrollees To Complete Follow-Up Survey By December 31 ... (Medical News Today, 20 Dec. 07)
- E.P.A. hasn’t gotten the lead out Downtown, critics say ... Lingering contamination from 9/11 is not a problem, the U.S. Environmental Protection Agency said after releasing data showing unsafe levels of lead in nine buildings near the World Trade Center. The results came from the E.P.A.’s widely-criticized Lower Manhattan Test and Clean Program, which samples residential spaces on a voluntary basis. The data includes 53 individual apartments and nine building lobbies within 1,500 feet of ground zero. Seventy-one of 904 dust samples had unsafe levels of lead and three dust samples out of 1,142, all from one apartment, had unsafe levels of asbestos. There is no identifier for W.T.C. toxins so the E.P.A. does not know whether the contamination is related to 9/11. ... The tests did not find any asbestos or man-made vitreous fibers in the air and did not find the fibers or polycyclic aromatic hydrocarbons chemicals formed from burning in dust samples. U.S. Rep. Jerrold Nadler, one of the leading critics of the E.P.A.’s 9/11 response, denounced the program. “We remain extremely concerned about the limited and flawed nature of the E.P.A. Test and Clean Program,” Nadler said in a statement. “We’re still looking for a comprehensive, scientifically based program.” After residents and elected officials condemned the methods and analysis of the first Test and Clean Program, a panel convened to advise the E.P.A. The W.T.C. Expert Technical Review Panel made a laundry list of suggestions, but the E.P.A. disbanded the panel and continued with the testing. These are the first results released since then. ... “You cannot draw any conclusions [from E.P.A.’s results],” said Dave Newman, industrial hygienist at New York City Occupational Safety and Health. Newman, a member of the Expert Review Panel, sees the data “not as a reflection of what’s out there in the real world, but more as a reflection of the deficiency in methodologies.” One problem is that the E.P.A. study focuses only on residential buildings, and excludes schools, hospitals and businesses, Newman said. The results, therefore, do not represent Lower Manhattan buildings in general. Also, since tenants and building owners enroll in the program by choice, the results are not even representative of all residential buildings, Newman said. Several panel members also criticized the E.P.A.’s benchmarks for contamination. The E.P.A. tested two types of spaces: accessible, such as a living room floor, and infrequently accessed, such as behind a refrigerator. The cleanliness standards are stricter for accessible spaces than infrequently accessed ones, which means that an amount of lead that would trigger a cleanup if found on the kitchen counter would not raise alarm if found under a bed. ... The E.P.A.’s testing methods “are heavily skewed toward testing areas we would expect to be clean, while ignoring areas that would still contain contamination,” said Micki Siegel de Hernandez, health and safety director for Communications Workers of America and a member of the panel. “The plan was a sham.” For Jo Polett, a Tribeca resident, the E.P.A. data brought back memories of its first Test and Clean Program. In 2003, the E.P.A. found five times a safe amount of lead in her 105 Duane St. apartment. Her building, constructed in the late 1980s, contained no lead paint, but four of the eight apartments tested had high levels of lead. To Polett, the message was clear: The contamination in her building is from 9/11. But the E.P.A. tried to link the lead to preexisting conditions, she said. “The data is as good as your sampling and analytical methods,” Polett said. “The results are meaningless.” Polett criticized the E.P.A. for not testing ventilation systems. “There is no such thing as an inaccessible surface,” she said. “People access these surfaces. Airflow accesses these surfaces.” In September, the U.S. Government Accountability Office, which investigates and oversees federal programs, released a report critical of the Test and Clean Program. The E.P.A.’s decision not to incorporate some of the expert panel’s recommendations “may limit the overall effectiveness of this program,” the report states. All 10 of the panel members who spoke to the G.A.O. “believe that EPA’s second program is not responsive to the concerns of residents and workers impacted by the collapse of the W.T.C. towers,” according to the report. The G.A.O. also echoed the panel’s concern about the E.P.A.’s plan for responding to contamination after future disasters. “E.P.A. has not developed protocols on how and when to collect data to determine the extent of indoor contamination,” the report states. After hearing the test results, former panel members reaffirmed their concern about future disasters. “If there were ever to be another disaster, we hope that the people in charge do proper air monitoring and testing much earlier on, in order to protect people who live and work in our community,” said Catherine McVay Hughes, chairperson of the C.B. 1 World Trade Center committee. Hughes, who served on the panel, said the current Test and Clean Program is “too little, too late.” ... (Downtown Express, by Julie Shapiro, Dec. 14-20, 2007)
- Senate Approves Additional Funding For 9/11 Workers ... The Senate gave final approval Wednesday to funding health care for September 11th terror attack workers. Lawmakers, including Senators Hillary Clinton and Charles Schumer, say $108 million in federal funding is being earmarked to address the health issues of first responders on 9/11. This amount will be added to $50 million that was provided in the Emergency Supplemental Appropriations Bill earlier this year. The Health Department is also urging adults enrolled in the World Trade Center health registry to complete the follow-up survey by the December 31st deadline. The department says the survey is the best way to monitor their health conditions. (NY1, Dec. 19, 2007)
- Demolition of Former Bank Building Could Be Delayed ... The demolition of one of the last remaining ruins of the World Trade Center terrorist attacks, the former Deutsche Bank building, may face more delays after state officials canceled a meeting last week in which some expected a revised deconstruction plan to be presented, sources told the New York Sun. Two months ago, the chairman of the Lower Manhattan Development Corporation, Avi Schick, said he hoped the stalled effort to demolish the building would resume in November. That didn't happen, and now the scarred and toxic structure may have won a reprieve at least until the end of the year. An update posted Thursday on the Web site of a subsidiary agency charged with overseeing the demise of the building at 130 Liberty Street, the Lower Manhattan Construction Command Center, said: "Decontamintation [sic] work will resume likely by late 2007, once a subcontractor for the work has been secured. A revised deconstruction plan will likely be announced by the end of the year." But some sources involved in downtown development have said they worry the cancellation of a regularly scheduled LMDC board meeting could signal further delays. No official reason was given for the cancellation, sources said. The board must approve a revised plan before demolition can resume. LMDC board meetings were held every month starting in 2002. But this year there have only been five board meetings, with the last one on November 8. ... (NYSun, by Sarah Garland, Dec. 17, 2007)
- Pols, Bravest rally for WTC aid funds ... Lawmakers and firefighters rallied near Ground Zero Saturday to push for treatment centers for World Trade Center responders who live outside of New York - a program that is in jeopardy. The feds called off the search last week for a contractor to process medical reimbursements for those responders, a key step in establishing clinics around the country for workers who fell ill after toiling at the toxic site. Officials said it was canceled because bidders were confused by program requirements and because cost estimates had ballooned. But local lawmakers fear the move shows a lack of commitment by the White House. "The feds are still being dragged to the table to help out 9/11 responders. I think they should be leading the way instead of stepping in the way," said Rep. Vito Fossella (R-S.I./Brooklyn). Fossella was joined by fellow Congress members Carolyn Maloney (D-Manhattan) and Jerrold Nadler (D-Manhattan) and by the firefighters union in urging the Department of Health and Human Services to reverse its decision. "It smells badly that it is being canceled because of conflicting reasons," said Fossella, adding the HHS had once called the program essential to help ailing 9/11 responders. (Daily News, by Kathleen Lucadamo, Dec. 16, 2007)
- FDNY Exploring New Technology To Assist Firefighters ... The FDNY is reportedly looking into some advanced technology to tell firefighters exactly what they're getting into before they enter a burning building. The New York Post says the department wants firefighters to be able to look at blueprints of a building in 3D, either on firehouse computers or on a BlackBerry-style device. The Post says the FDNY is requesting proposals from companies to implement the plan. The department has been focused on getting better information to its members ever since the fire at the former Deutsche Bank building in August. One of the problems firefighters encountered in that deadly blaze was that they didn't know the building's standpipe was broken and that stairwells had been boarded up. (NY1, Dec. 16, 2007)
- Lawmakers Protest Cancellation Of Center For 9/11 Health Issues ... Some local lawmakers gathered Saturday to urge the federal government to renew plans for a national processing center to deal with health issues related to the September 11th terrorist attacks. Representatives Carolyn Maloney, Vito Fossella, and Jerrold Nadler joined advocates for September 11th workers for a protest Saturday afternoon near the World Trade Center site. ... Federal health officials filed paperwork this week scrapping plans to hire a company to set up the center, saying the project could cost about $165 million, far more than the $52 million Congress provided. ... (NY1, Dec. 15, 2007)
- Ground Zero Health Program Hits a Setback in Washington ... The future of a national program to provide medical treatment to ground zero workers outside the metropolitan area is in doubt after the federal government abruptly halted the search for a contractor to process medical reimbursements. The Centers for Disease Control and Prevention canceled a request late Thursday for proposals to establish a business processing center to help set up and administer a system of clinics around the country to treat workers who have become ill after spending time on the ground zero cleanup. According to Bernadette Burden, a spokeswoman, the Centers for Disease Control said the request for proposals was pulled at the last minute because potential bidders seemed to be confused about program requirements. Ms. Burden said that the agency remained committed to the program, but that she did not know when a revised request could be issued. Dr. James M. Melius, an occupational health specialist who is chairman of the steering committee for the World Trade Center Medical Monitoring and Treatment Program, said the cancellation was “a sign of continued confusion and lack of commitment to this program within this administration.” He said the cancellation was especially puzzling because Dr. John Howard, the federal government’s 9/11 health coordinator, had helped develop the plan. The business center would have provided support in recruiting doctors and reimbursing them for treatment they provided to ground zero workers. In addition, Dr. Melius said it would collect financial data on the actual costs of the treatment program, and administer a centralized pharmaceutical benefits plan that would be more cost-effective than the separate prescription plans now in place. The cancellation of the request for proposals does not affect the consortium of health care providers, including Mount Sinai Medical Center and the New York City Fire Department, that already monitor and treat more than 35,000 workers in the metropolitan area. (NYTimes, by Anthony DePalma, Dec. 15, 2007)
- Federal Government To Scrap Center For Those With 9/11 Health Issues ... The federal government's decision to cancels plans for a national processing center dealing with health problems stemming from the September 11th terrorist attacks has local lawmakers demanding answers. The Department of Health and Human Services filed paperwork Thursday scrapping plans to hire a company to set up the center, saying it just doesn't have money to cover the $165 million cost of the project. The center was designed to improve various September 11th-related health programs and help victims living outside of the New York area find coverage. Five lawmakers, including Senators Charles Schumer and Hillary Clinton, sent a letter to the head of HHS asking him to further explain the move. A noon protest is scheduled for Saturday near the World Trade Center site. (NY1, Dec. 14, 2007)
- Protecting the homeland ... If New York City is ever in danger of losing homeland security funding, Catherine McVay Hughes, the W.T.C. Committee chairperson, promised the community board’s help to Deputy Mayor Edward Skyler. “If you want C.B. 1 to go down to Washington, we would be delighted to lobby on your behalf,” a smiling Hughes told Skyler at the W.T.C. meeting. The funding cut would be an “extraordinary act of negligence on the president’s part,” Skyler said, but he assured C.B. 1 that the new emergency notification system is not dependent on those funds. (Downtown Express Undercover, Dec. 14- 20, 2007)
- Grand Jury.. .. And speaking of the Aug. 18 deadly fire at 130 Liberty St., District Attorney Robert Morgenthau plans to convene a grand jury soon to seek indictments in the case, a source briefed on the investigation told UnderCover. The source did not say who will be the jury’s target or targets. Prosecutors have been looking closely at the private contractors as well as government officials responsible for either the building’s fire plan or for hiring John Galt Corp., a firm with alleged mob ties. (Downtown Express Undercover, Dec. 14- 20, 2007)
- DEUTSCHE BANK STILL IN STRIFE ... Nearly five months after the inferno at the former Deutsche Bank building killed two firefighters, the FDNY's safety recommendations haven't been followed and work cannot resume, officials said yesterday. Fire Commissioner Nicholas Scoppetta said the FDNY has not "signed off" on the project - a major obstacle in finally demolishing the ugly reminder of 9/11. "We are not going to get into too much of this, but I can say concerns are being addressed," Scoppetta said after a City Council hearing yesterday on the FDNY's new building-inspection program. After the Aug. 18 blaze at 130 Liberty St. it emerged that the FDNY failed to conduct regular inspections of the building. As a result, the department increased its weekly inspections citywide and also stationed a battalion chief at the former bank building full-time. Avi Schick, the embattled chief of the Lower Manhattan Development Corp., said in October that work to remove the remaining 27 floors of the abandoned building would resume last month. Schick has yet to publicly set a new date. Sources say wrangling between the LMDC, the state agency in charge of the project, and its contractor, Bovis Lend Lease, is causing delays... (NYPost, by Chuck Bennett, Dec. 13, 2007)
- More remains found in WTC excavation ... City officials completed the excavation of the World Trade Center area this week, recovering 1,772 human remains, but vowed to continue searching as they rebuild the site. "At no point in the near future would it be prudent to declare this search 'over,'" Deputy Mayor Edward Skyler, who is overseeing the effort, wrote to Mayor Bloomberg Tuesday. But the city will close its year-old recovery facility on Water St. in Brooklyn and replace it with a mobile unit that will be deployed to the site when something suspect is seen. "I don't have faith that they're doing this search in a thorough way," said Diane Horning, whose son Matthew was killed in the Sept. 11 attacks. "In anthropological searches, they use toothbrushes and paintbrushes to find remains, not bulldozers." The roving unit will include two tractor-trailers for sifting remains, a flatbed and a smaller trailer, Skyler said. The medical examiner's office will keep workers at the site to flag any remains found during rebuilding efforts. The city widened its search of Ground Zero and surrounding streets in October 2006 after 80 bones were uncovered in a buried Con Edison manhole. The remains, often small bone fragments, were found at 130 Liberty St., 55 Church St., 130 Cedar St., Fiterman Hall and other places. The medical examiner's office, which finished its search Monday, also has unearthed 602 remains in the Haul Road area. Just yesterday, the office announced that another victim had been identified by remains found at Haul Road, but a name was not released. Of the 2,750 who died during the Trade Center attacks, there are 1,133 people whose remains still haven't been identified. The search cost $38 million, $8 million more than the city had budgeted. (NYDailyNews, by Kathleen Lucadamo, Dec. 12, 2007)
- Council Holds Hearing On Deutsche Bank Fire ... The city’s top fire official testified today about the FDNY's new building inspection program implemented in the wake of this summer’s fatal blaze at the former Deutsche Bank building. Fire Commissioner Nicholas Scoppetta told lawmakers that the new procedures have not slowed down fire response times, despite claims to the contrary by the fire union. The new program adds three hours of fire inspection a week, bringing inspection time up to nine hours. "Results in the system have been outstanding, as of yesterday, December 11th more than 97 percent of FDNY inspections of these buildngs were done within the mandated 15 days," said Scoppetta. "Compliance exceeded 99 percent within 20 days. The Uniformed Fire Officers Association and the Uniformed Firefighters' Association say Scoppetta's numbers are not to be trusted because they say the city has only been looking at results from November. Instead, unions are continuing to push for a building inspection task force. ...(NY1, Dec. 12, 2007)
- Boehner Endorses 'Emergency' Spending ... There's also $146 million for a Bush administration cybersecurity initiative, $195 million to replace the I-35 bridge in Minneapolis, $100 million to provide security for next year's political conventions, and $57 million to provide health care for workers harmed at the World Trade Center. ... (AP/USA Today, by Andrew Taylor, 12/12/07)
- Lawmaker Pushes For Those Killed From 9/11-Related Illnesses ... State Senator Eric Adams met with top city officials Wednesday afternoon to propose legislation that would require the medical examiner to list 9/11 as the cause of death on the death certificates of workers who died from illnesses developed after the attacks. ... "We believe that the 9/11 emergency responders are heroes and that their illnesses and their deaths that have occurred, and unfortunately the many that will occur in the future, are related to 9/11," said civil rights attorney Norman Siegel. The city does not support Adams' plan. It does, however, want to honor fallen workers. Adams says he'll hold off on introducing his legislation while discussions on the matter take place. (NY1, Dec. 12, 2007)
- Deputy Mayor Says Search For Remains At WTC Site Mostly Done ... (NY1, Dec. 12, 2007)
- NYC Shuts 9/11 Remains Sifting Facility ... The city has closed a facility where debris was sifted for Sept. 11 victims' remains, but the search won't end until after the World Trade Center site is rebuilt, a city official said Tuesday. Ongoing construction around ground zero including the dismantling of a toxic skyscraper that caught fire in August could put off a complete search of areas believed to contain human remains for years, according to a memo by Deputy Mayor Ed Skyler. "At no point in the near future would it be prudent to declare this search `over,'" Skyler wrote to Mayor Michael Bloomberg. The discovery of more than 80 bones in a manhole at ground zero in October 2006 prompted an expanded search of nearby rooftops, manholes and sewer lines for bone fragments of victims of the terrorist attacks. Hundreds of bones were found beginning in 2005 at the former Deutsche Bank tower across from the trade center site. The city has found 1,772 bones and fragments so far. Seven victims have been identified from bones found in a service road at ground zero and on the roof of the bank building, Skyler said. More than 1,100 of the trade center victims have not been identified from the thousands of remains found after the attack. The medical examiner's office finished work Monday at a facility opened last year to hand-sift debris from around ground zero, but it will use a tractor-trailer and other equipment to continue sifting remains, Skyler said. ... (AP, by Amy Wesfeldt, Dec. 12, 2007)
- Pollution bills proposed in wake of asthma report ... City Councilmember Alan Gerson can’t reverse the effects of 9/11 on Downtown children’s health, but he’s trying to help them breathe a little easier. In new legislation announced last week, Gerson unveiled a five-prong attack on diesel fumes, a lung irritant and carcinogen that can worsen the symptoms of children who developed respiratory problems after 9/11. “Unfortunately, we cannot undo past exposures,” Gerson said. “But we can prevent new exposures, and over time we can begin to compensate.” Gerson’s proposal came right after the Health Department announced that children who were in Lower Manhattan on 9/11 were more likely to develop asthma. The survey of 3,100 children enrolled in the World Trade Center Heath Registry showed that 6 percent received an asthma diagnosis after 9/11. Those children who were caught in the dust cloud on 9/11 were twice as likely to be diagnosed with asthma as those who were not in the dust cloud. “This legislation would be good policy with or without the [Health Department] report,” Gerson said. “But it’s imperative policy when you’re talking about a susceptible population.” Diesel fumes are like mold or secondhand smoke: bad for everyone, but especially toxic for people with asthma, Gerson said. His legislation would require construction site vehicles and machinery to use Ultra Low Sulfur Diesel fuel, a less toxic version of standard diesel fuel. Many agencies and developers doing large construction projects in Lower Manhattan are already using the low sulfur vehicles under a voluntary agreement. The requirement would apply to all construction sites, an extension of Local Law 77; the Staten Island Ferry and all private ferries; portable generators used in outdoor movie shoots; and all buses, including those that travel long-distance. A final bill would require air monitoring at street level, especially near parks, playgrounds and other places with high asthma rates. “It’s nice to hear something positive, a creative solution,” said Catherine McVay Hughes, chairperson of the C.B. 1 World Trade Center Committee. “Prevention is always better than treatment.” ... Kimberly Flynn, head of 9/11 Environmental Action, is concerned that the Health Department is over-emphasizing the effects of being in the dust cloud, especially since people mean different things when they refer to the dust cloud. Lots of people who were not in the dust cloud are now sick, Flynn said. She is worried that the focus on the dust cloud is “sending [people who were not in the dust cloud] a message that they aren’t sick from the World Trade Center,” she said. Residents with lingering symptoms that are not asthma, like reflux or sinus problems, may not link their illness to 9/11, said Ann DeFalco, chairperson of the Southbridge Towers Parent and Youth Association. “They’re not putting it together,” DeFalco said. “We have to better educate our residents on what these pulmonary concerns are, outside of asthma.” Poor air quality isn’t the only thing that causes asthma, said Dr. Lisa Kaufman, a pediatrician on 12th St. The clothing children wear, the toys they play with and the dyes in their processed foods all put children at risk. The study may represent “the tip of the iceberg” in terms of 9/11 effects, Kaufman said. She expects long-term effects to crop up in the future. But she would not say if she suspected any of her patients got asthma as a result of W.T.C. exposure. At a recent meeting of the World Trade Center Health Registry, hundreds of people packed Pace University’s auditorium with questions about their illnesses and where to get treatment, said C.B. 1’s Hughes. “It’s amazing that six-and-a-half years later there are still all these unanswered questions related to the health impact of 9/11,” she said. She urged people to contact the W.T.C. Environmental Health Center at Bellevue Hospital, where residents can go for treatment and prescriptions. ... (Downtown Express, by Julie Shapiro, Dec. 7-13, 2007)
- Under Cover: How low can he go? ... While telling UnderCover about the dangers of breathing 9/11 dust, Assembly Speaker Sheldon Silver put a personal spin on the effects. “Sometimes I think my voice is lower,” the distinctively deep-voiced politician said. And when Silver catches a cold, “it lingers as a result of my own personal exposure [on 9/11].” (Downtown Express, December 7 - 13, 2007)
- City about to begin emergency contact plan Downtown ... Nearly four months after the fatal fire at the Deutsche Bank building, the mayor’s office announced an emergency notification plan called Notify N.Y.C. In Lower Manhattan, one of four pilot regions, people who sign up will receive a text message and an e-mail in an emergency. ... The system will send “alerts,” which recommend an action, and “notifications,” which are informational. Anyone can sign up at www.nyc.gov, and messages will begin going out Dec. 10. The trial program will last until next summer and cost the city $700,000. ... The notification plan will be especially important during the demolition of the former Deutsche building at 130 Liberty St. and Fiterman Hall, Silver said. “When we start destructing buildings again, we want Downtown notification to be in place,” he said. ... “This is really a wonderful day, with the mayor’s office announcing this bold move,” Catherine McVay Hughes, chairperson of the C.B. 1 World Trade Center Committee, said in a telephone interview. “It’s important for people to sign up, so any kinks can get worked out.” Hughes plans to sign up both herself and her two children. Her 16-year-old son already has a cell phone, and the new notification plan means that she will be buying her 12-year-old son a cell phone, too. “It’s really important that they stay in touch,” Hughes said. Hughes is especially interested in reverse 911, a call sent out to all phones on a list, which will be tested in parts of the Bronx and Staten Island. “If the pilot for reverse 911 works for other areas, I hope it will implemented in Lower Manhattan as well,” Hughes said. The mayor’s office is also exploring cell broadcasting, which would send messages to cell phones based on their location and would not require people to sign up in advance, a representative said. For example, tourists visiting Lower Manhattan would receive a text message during an emergency, even if they’d never heard of the notification program. Cell broadcasting is not part of the trials. Menin has advocated a community notification plan for several years, but “The [Lower Manhattan Development Corp.] was not responsive,” she said. She suggested to the L.M.D.C. many of the measures the city is now implementing, and kicked efforts into even higher gear after the fire at 130 Liberty St. in August that killed two firefighters. ... (Downtown Express, by Julie Shapiro, December 7 - 13, 2007)
- Court weighs 9/11 lawsuit ... The plaintiffs claim Whitman and the EPA failed to follow federal laws mandating they take responsibility for the cleanup of hazardous substances in buildings and homes by delegating that to the city, which was ill-equipped for such a project. They want Whitman to pony up for the area’s cleanup and fund a medical monitoring program for those exposed to 9/11-related toxic dust a move that would bankrupt her. Whitman’s statements were made with “reckless indifference to the truth,” the plaintiffs’ lawyer Sherrie Savett told the judges. “The EPA evacuated and professionally cleaned their own office at 290 Broadway, but knowingly led residents, students and office workers into the snake pit.” Savett acknowledged that the remedy being sought was without precedent, but so were the circumstances, she said. Dept. of Justice attorney Alisa Klein said holding Whitman liable will set a dangerous precedent: “The consequence would be a default to silence. If you speak, you will be potentially held liable. Then the clear message for government officials is to say nothing.” A different federal judge granted Whitman immunity in a lawsuit filed by Ground Zero recovery workers (who are appealing). U.S Rep. Jerrold Nadler said after the hearing the legal issues were different in that case where the government had a “competing consideration” to get the cleanup completed. A decision is expected in a few weeks. ... (Metro, by Amy Zimmer, Dec. 11, 2007)
- WHITMAN: CUT ME OUT OF 9/11 SUIT ... Former EPA chief Christie Todd Whitman is asking a federal appeals court to give her a pass for downplaying post-9/11 dangers from toxic dust near the World Trade Center site - and to remove her name from a lawsuit by downtown residents and workers. Lawyers for Whitman yesterday argued that holding her personally liable for misleading the public about the air quality in the wake of the terror attacks in an attempt to prevent panic would gag public officials in times of crisis. It would send the message that "if you speak, you will be potentially held liable. Then the clear message for government officials is to say nothing," lawyer Alisa Klein said at a hearing in the 2nd Circuit Court of Appeals. But lawyers for lower Manhattan residents, their children and workers said silence would have been far better than Whitman's false assurances. ... (NYPost, Dec. 11, 2007)
- Government's Post-9/11 Actions Questioned ... An attorney for the federal government, Alisa Klein, said holding Ms. Whitman liable would encourage other officials to be silent in the wake of future emergencies. "If government officials could be made personally liable, the consequence would be a default to silence," Ms. Klein said. "If you speak, you will be potentially held liable. Then the clear message for government officials is to say nothing." That point did not seem to impress one of the judges on the panel, Jon Newman. "There's an important government interest in a false reassurance, seems to be what you are saying," Judge Newman said. "There may be," Ms. Klein responded. In the weeks following September 11, Ms. Whitman maintained the air was not safe at ground zero, but was fine in surrounding areas. Scientists with the EPA have said they still do not have conclusive data to support those statements. Rep. Jarold Nadler, a Democrat of Manhattan whose congressional district includes Lower Manhattan, attended the oral arguments and said later that given a choice of lies or silence from the federal government, he would prefer silence. "If Christine Todd Whitman had said nothing, people would have used their own sense of self-preservation to make decisions for themselves to keep free from harm," Mr. Nadler said. "People trusted the government, and by extension may have made decisions that put themselves in harms' way." ... (The NY Sun, by Sarah Portlock , Dec. 11, 2007)
- Christie Whitman lied about Ground Zero air quality, 9/11 victims' lawyers say ... Christie Whitman lied about air quality after the 9/11 attacks and should have to pay for medical monitoring and a cleanup, lawyers for lower Manhattan residents told an appeals court Monday. The lawyers urged a three-judge panel of the 2nd Circuit Court of Appeals to uphold a lower court decision declaring the former head of the Environmental Protection Agency can be held personally responsible for her deceptive comments. Five days after the attacks, Whitman told reporters, "The good news continues to be that air samples we have taken have all been at levels that cause no concern." In their class-action suit, residents, workers and students living around Ground Zero say they relied on Whitman's comments in deciding whether to return to an area coated with dust from the twin towers' collapse. "If she had not said this, they probably would have made their own decision," Rep. Jerrold Nadler (D-Manhattan) said after the hearing. "She was telling people it was safe when she knew damn well it wasn't." Manhattan Federal Court Judge Deborah Batts suggested in a February 2006 ruling that Whitman's comments were irresponsible. A Justice Department lawyer warned the appeals panel that if Whitman can be held personally responsible, public officials will remain mum after future disasters. "The consequence would be a default to silence," lawyer Alisa Klein said. "If you speak, you will be potentially held liable. Then the clear message for government officials is to say nothing." (NYDaily News, by Thomas Zambito, December 11, 2007)
- Hillary Clinton: Aid sick 9/11 workers ... Sen. Hillary Clinton and New York area lawmakers have added $109 million in health care for sick Ground Zero workers as part of a massive spending bill that faces an uncertain future in a budget standoff between Democrats and the White House. The money for treating Ground Zero workers - double the amount provided in an earlier emergency spending bill - was wrapped into a $500 billion-plus spending bill the Democratic-controlled Congress is working on. President Bush already has threatened to veto it. As a senator, Clinton (D-N.Y.) has pushed for years for the government to provide a long-term health care program for those sickened from their work at the toxic World Trade Center debris pile following the 2001 terrorist attacks. As a presidential hopeful, she has highlighted her work on the issue. "Today's announcement marks another step toward addressing those enduring wounds," Clinton said. The prior year's budget provided $50million to help maintain such health programs, most of which are based in the New York City area. The White House on Saturday threatened a veto, saying it's unacceptable to add billions of dollars to domestic programs. The bill contains $11 billion above President Bush's February budget, awarding the money to domestic programs such as education and health research. Clinton urged the President not to follow through on his veto threat. "The New Yorkers and the responders from across the country who came to our aid have suffered enough without being caught in the middle of a political squabble," she said. (NYDaily News/AP, Dec. 11, 20007)
- Arguments Begin In WTC Dust Federal Lawsuit ... Oral arguments began Monday in a federal lawsuit about whether the EPA knowingly failed to protect the public's health from toxins released by the World Trade Center collapse. A government lawyer told a U.S. District Court judge that former EPA head Christine Todd Whitman can't be held liable for statements she made about the air quality after the attacks. Residents and workers in Lower Manhattan and Brooklyn are suing Whitman, saying she lied when she said the air around the Trade Center site was safe to breathe. Whitman's lawyer says holding her liable will have a chilling effect on future government officials. The judge declined to immediately rule in the case. (NY1, Dec. 10, 2007)
- Congress seeks more treatment for 9/11 workers in spending bill . Sen. Hillary Rodham Clinton and New York area lawmakers have added $109 million in health care for sick ground zero workers as part of a massive spending bill that faces an uncertain future in a budget standoff between Democrats and the White House. The money for treatment of ground zero workers _ double the amount provided in an earlier emergency spending bill _ was wrapped into a $500-billion-plus spending bill being finalized by the Democratic Congress, one that the White House has already threatened to veto. As a senator, Clinton has pushed for years for the government to provide a long-term health care program for those sickened from their work at the toxic World Trade Center debris pile following the 2001 terrorist attacks. As a presidential candidate, she has highlighted her work on the issue. "Today's announcement marks another step toward addressing those enduring wounds," Clinton said in a statement. The new spending was pushed by lawmakers from New York and New Jersey. (Newsday, by Devlin Barrett, Dec. 10, 2007)
- Opinions: 9/11 HEALTH HYPE: MEDIA'S BOGUS ASTHMA SCARE ... The Health Department acknowledged that its new study is fraught with biases - but just about every media outlet hyped and misreported the report in a rush to validate yet another class of victims. Biases? For starters, the survey examined a "self-reported" group of children. In other words, it included only kids whose parents volunteered them. That virtually guaranteed that the report would find an "elevated" number of children with asthma - any kid that didn't have symptoms was less likely to be part of the study. Another complication: Anyone exposed directly to 9/11 dust was more likely to get medical attention - which means that pre-existing asthma cases were more likely to be detected. (That those cases didn't go undiagnosed is no bad thing - but they don't tell us anything about whether 9/11 dust caused asthma.). Finally, as DOH admits, exposure to dust may have exacerbated pre-existing, undiagnosed cases of asthma. ... (NYPost, by Jeff Stier, Dec. 7, 2007)
- 9/11 toxins tied to NYPD sergeant Michael Ryan's death .... Two doctors who treated an NYPD sergeant said the fatal cancers that riddled his body were likely caused by his exposure to toxins at the Fresh Kills landfill. Sgt. Michael Ryan, 41, died Nov. 5 from three different forms of aggressive non-Hodgkin's lymphoma - the kinds of blood cancers that independent doctors monitoring Sept. 11 responders warned could be the "third wave" of sickness caused by exposure at Ground Zero and the landfill. The 20-year NYPD veteran and father of four had thought nothing of working 80-plus-hour weeks at the landfill in the aftermath of the Sept.11 attacks. He was diagnosed with his first cancer in May 2006. His doctors at North Shore Long Island Jewish and the University Hospital said they believed the prolonged exposure to volatile organic compounds cataloged at Ground Zero caused the cancer. A medical panel will rule on whether Ryan's death was 9/11-related. ... (NYDaily News, by Alison Gendar, Dec. 6, 2007)
- In Trial Run, City to Send Notification of Disasters ... Since the attacks of Sept. 11, 2001, Community Board 1 has been pressuring local officials to implement a notification system that would alert people in the event of an emergency and tell them what actions to take. Yesterday, the city announced it will start a pilot program on Monday that will deliver alerts by text messages, e-mail messages and phone calls, warning about flooding, chemical spills and other emergencies to anyone who signs up. ... (NYTimes, by Fernanda Santos, Dec. 5, 2007)
- 'Notify NYC' reverse-911 plan will keep New Yorkers informed in emergencies ... (NY Daily News, by Adam Lisberg, Dec. 4-5, 2007)
- City Tests E-Mail, Text Message Alerts ... The city is launching a pilot email, text message, and reverse 911 program in Lower Manhattan, the northeast Bronx, the Rockaways, and southwest Staten Island to alert residents about emergencies and advise them about incoming coastal storms or power outages. New Yorkers can register for the service at www.nyc.gov, and alerts will start going out on Monday. During his 2005 reelection campaign, Mayor Bloomberg promised to work with cell phone carriers to provide emergency notifications and information through text messaging. The push for the emergency notification system grew after a fire at the former Deutsche Bank building in August. Lower Manhattan residents said they would have felt safer after the fire if they had received information about what to do from the city. (NYSun, Dec. 5, 2007)
- Shame on You about Captive Insurance Co. ... (My Fox, Dec. 4, 2007)
- City testing new alert system for emergencies ... After a state-run e-mail alert system failed to notify downtown residents about a deadly fire in a contaminated building, the city is testing a new emergency notification system in four neighborhoods, including lower Manhattan. Called Notify NYC, the new system will test a variety of methods of notifying the public of emergencies, including e-mails, text messages and reverse 911 calls in lower Manhattan, the northeast Bronx, the southern section of Staten Island and the Rockaways in the Queens. E-mail alerts and text messages will be tested in lower Manhattan and the Rockaways, while e-mail alerts and reverse 911 calls will be tested in Staten Island and the Bronx. Anyone can sign up for the service, but alerts will be limited to information about the four targeted neighborhoods. The $750,000 pilot program will begin on Monday and last six months, city officials said. The city hopes to enroll a total of 100,000 people in the pilot. "We wanted a diverse array of neighborhoods, so we could see all types of emergencies," said Deputy Mayor Ed Skyler. "One thing we know is that anything can happen in New York." Lower Manhattan residents, who have been calling for an e-mail alert system for at least the past two years, demanded better community notification after the Aug. 18 fire at the former Deutsche Bank building. The state-run Lower Manhattan Development Corp. operated a lower Manhattan e-mail alert system, but that system failed to notify residents because the Deutsche Bank fire happened on a weekend, when the agency is closed. (NYNewsday, by Karla Schuster, Dec. 4, 2007)
- Pols Push Bill To Clarify Classification Of 9/11-Related Deaths ... Lawmakers joined World Trade Center site recovery workers and victims families for a protest outside of the city medical examiner's office Sunday to announce that they will push for legislation that would clarify the city's position regarding the deaths of September 11th first responders. ... (NY1, Dec. 4, 2007)
- Feds Probe Sept. 11 Insurance Fund ... Federal officials said Monday they will investigate why a $1 billion Sept. 11 insurance fund created by Congress to cover claims of sick ground zero workers is fighting the cases in court rather than distributing money. The World Trade Center Captive Insurance Company has come under increasing scrutiny from Congress and the federal government, as roughly 8,000 individual claims await judgment in the federal court system. The inspector general for the Homeland Security Department indicated Monday he intends to examine the issue, telling Congress in a report that his inquiry will determine why the insurance company "has chosen to litigate all claims instead of settling whenever possible." The inspector general's review will also determine "what procedures have been established to receive, review and pay medical, hospital, surgical and disability benefits to injured persons," as well as benefits to the relatives of those killed. The $1 billion insurance company has also been challenged by Sens. Patrick Leahy, D-Vt., and Arlen Spector, R-Pa., the chairman and ranking Republican on the Senate Judiciary Committee. Such questions have put lawyers for New York City on the defensive, since the city and some construction contractors are protected by the program. The top lawyer for the city, Michael Cardozo, has defended the company as "an insurance company, not a compensation fund" and argued that as such, it is obliged to defend legal claims. A spokeswoman for the city's law department did not immediately respond to a request for comment Monday evening about the inspector general's inquiry. In July, attorneys for the thousands of workers who say they were sickened after working to clean up the site went to court to demand the insurance company spend the money on their health care. The insurance company, once an afterthought of the $20 billion post-Sept. 11 aid package for New York, has taken on increasing importance amid mounting complaints that those who worked on the toxic debris pile need long-term health care. Many of the health complaints center around lung problems attributed to the dust, fumes and debris at the site. Some advocates for those workers, including Sen. Hillary Rodham Clinton, D-N.Y., have estimated it will cost hundreds of millions of dollars a year to provide medical care for those workers. The city's mayor, Michael Bloomberg, has urged Congress to redirect the captive insurance company money to create a new compensation fund for sick workers, and give the city and the contractors immunity from such lawsuits. (AP, by Devlin Barrett, Dec. 3, 2007)
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- Toxic dust death outrage: Medical examiner’s ruling not to include cop as 9/11 victim protested ... KIPS BAY. Police Officer James Godbee began working at Ground Zero two days after the 9/11 attacks, but because of that delay his name won’t be added to the official victims’ list. Yesterday, protesters gathered outside the city medical examiner’s office demanding Godbee’s death be properly recognized. When the officer died in December 2004 at age 44, after hundreds of hours directing traffic near Ground Zero, his death was attributed to sarcoidosis, a disease that scars the lungs and has been linked to the breathing of toxic dust. In a letter made public last week, Chief Medical Examiner Charles Hirsch declined to rule Godbee’s death a homicide. “All persons killed at the [WTC] on Sept. 11, 2001, and others who died later from complications of injury or exposure directly caused by the collapse of the twin towers on that day are homicide victims,” Hirsch wrote. “Mr. Godbee’s manner of death will remain ‘natural.’” ... (Metro, by Joshua Rhett Miller, Dec. 3, 2007)
- Legislation requiring details of 9/11 rescue worker deaths to be introduced ... A state lawmaker will introduce legislation this week that will require the city medical examiner to provide a detailed description of the causes of death of rescuers who worked at Ground Zero after 9/11. State Sen. Eric Adams hopes the new law will compel the medical examiner to link the deadly illnesses suffered by first responders to breathing in World Trade Center dust, clearing the path for them to be listed as official victims of 9/11. The move comes a week after the Daily News demanded that Chief Medical Examiner Dr. Charles Hirsch examine the deaths of cops, firefighters and paramedics who arrived at the disaster site in the days after the terror attacks. "We still hear the voices and pain of those that did not die on 9/11, but died after and will die in the future," said Adams (D-Brooklyn) at a rally yesterday in front of the city medical examiner's office. "My bill would allow the medical examiner to list those who worked on Ground Zero on 9/12 and after as victims of 9/11." ... "People who are ill are vilified rather than granted mercy," said a tearful Donna Michaels, whose husband, NYPD Detective Thomas Michaels is on terminal leave, suffering from breathing and brain disfunction after she said he logged more than 400 hours of work at Ground Zero. ... (NYDaily News, by Tamer El-Ghobashy, Dec. 3, 2007)
- First Responders Say City Ignoring Fallen Heroes .... (wcbstv, Dec. 2, 2007)
- Demonstrators To Protest 9/11 Related Deaths Outside M.E.'s Office ... A protest is planned today over the classification of some 9/11 related deaths, one day after an EMS worker who took part in the recovery at the World Trade Center was laid to rest. A group is set to protest at the medical examiner's office today arguing some deaths in the wake of the terror attacks have been misclassified. On Saturday, a funeral service was held on Staten Island for Lieutenant Brian Ellicott. He died last Monday of non-Hodgkin’s lymphoma, after being diagnosed just three months before. His union and other mourners believe Ellicott's death is a direct result of his work at the World Trade Center site. A claim for Ellicott's family to receive worker's compensation was not approved. The FDNY says that's because it was submitted incorrectly. The department says the family is eligible to reapply in his name. (NY1, Dec. 2, 2007)
- EMS Worker Who Spent Hundreds Of Hours At WTC Site Is Laid To Rest ... An EMS worker who spent more than 100 hours at the site of the World Trade Center following the September 11th terrorist attacks was laid to rest. ... The 14-year veteran of the FDNY had his worker’s compensation claim denied by the city's Law Department. .... (NY1, Dec. 2, 2007)
- CITY BEGINS MAJOR 9/11 CANCER STUDY ... The city Health Department has launched a sweeping study - the first of its kind - of cancers among 9/11 responders and thousands of others who lived or worked near the World Trade Center. "We're starting to look at all cancers now. It's a high priority," said Lorna Thorpe, the department's deputy commissioner for epidemiology. "There's reason for concern," Thorpe said, because of known carcinogens in Ground Zero dust and smoke such as benzene, asbestos, silica, and chemicals emitted in fires. The study aims to identify all cancers among 71,000 people in the city's WTC Health Registry, including Twin Towers survivors and nearby office workers, lower Manhattan residents, kids, school staff, and 31,000 rescue, recovery and cleanup workers. The study is already zeroing in on blood cancers - leukemia, lymphoma, multiple myeloma, and non-Hodgkins lymphoma - which can develop in two to 10 years, sooner than most tumor cancers. Blood cancers recently killed two 9/11 heroes. A funeral was held in Staten Island yesterday for FDNY emergency medical service Lt. Brian Ellicott, 45, a father of two who died Tuesday of non-Hodgkins lymphoma. NYPD Sgt. Michael Ryan, 41, a father of four, died of the same disease Nov. 19. (NYPost, by Susan Edelman, Dec. 2, 2007)
- Little Evidence Of Toxins In EPA Tests Near WTC Site ... Only three out of 1,142 asbestos samples exceeded safe levels, and while 71 out of 904 lead samplings found excessive levels, EPA spokeswoman Mary Mears said this was most likely due to the prevalence of lead paint in New York City buildings. Mears said the agency is not drawing definitive conclusions from the results because it does not meet the standards of a scientific study. “At the same time it does give us some information,” Mears said. “It confirms our initial impression that the internal contamination from Sept. 11 is minimal. But we are going to continue with the testing program, working outwards from the site.” All told, 272 residents and 25 building owners in Lower Manhattan have asked to take part in the EPA testing program. But some community and labor representatives maintain that the EPA’s data is useless. Community Board 1 member Catherine McVay-Hughes, who sat on the advisory panel that roundly criticized the EPA’s testing regime two years ago, said she is not reassured by the testing data. “The EPA’s test and clean plan was controversial, and so are its results,” she said. “I’m not surprised by the results just because of the way the plan was structured. But I’m certainly not reassured.” Micki Siegel De Hernandez, a health and safety director for the Communication Workers of America who also sat on the EPA advisory panel, agreed. “We knew from the way the testing was designed that it was guaranteed that they would find very little,” she said. “Workplaces were not included in the testing, so we have no information about the safety of workplaces.” De Hernandez said even the residential testing program is flawed, focusing on testing areas that are likely to have already been cleaned while ignoring the areas most likely to be contaminated. “This program was geared to find nothing. It allows the EPA to walk away,” she said. “That’s troublesome for New York, but it’s especially bad if it becomes the model going forward for dealing with future contamination disasters.” (Tribeca Trib, by Nick Pinot, Dec. 1, 2007)
- No Date Set to Resume Deconstruction of Deutsche Bank Building ... No date has been set for deconstruction to resume at the former Deutsche Bank building, more than three months after a fatal fire there. WNYC's Bob Hennelly has this update. REPORTER: The 41 story 9/11 ruin was supposed to be demolished by the end of next month. At the time of the August fire, 26 floors still remained. Now the Lower Manhattan Development Corporation, which owns the site, is mired in negotiations with regulators on how to deal with the fire damage. Peter Levenson is an adjacent landowner and says it is taking too long. LEVENSON: Its a reminder of everything that is wrong with the process and everything that went wrong. And it is so unfortunate this has not been done. REPORTER: Once the site is clear, the land goes to the Port Authority who has until September of next year to lease it to JP Morgan Chase for an office tower. But a substantial delay could complicate the deal and have impacts on the rest of the Freedom Tower complex development. (WNYC, by Bob Hennelly, Dec. 1, 2007)
NOVEMBER
- Devoted N.Y. 9/11 responder dies after battle with cancer - EMS lieutenant spent 100 hours on 'The Pile' killed by cancer at 45 ... Lt. Ellicott spent months working in "The Pile" at Ground Zero, toiling for 100 hours in the first two weeks after the terrorist attacks, according to the Uniformed EMS Officers Union. ... Physicians and researchers are hesitant to draw a link between Sept. 11 and cancer, a disease that can take years or even decades to emerge after patients are exposed to carcinogens. But whether or not Lt. Ellicott's work was tied to his death, as his family and some of his co-workers firmly believe, his 100 hours of service in the days when the environmental risk was the greatest representation of the life he led and his commitment to the city at large. The FDNY Emergency Medical Service worker and Great Kills resident died Monday in Staten Island University Hospital, Ocean Breeze, of non-Hodgkins lymphoma. He was 45, and the third Staten Islander this year to die from an illness potentially tied to the recovery effort, according to Advance records. ... (Fire Rescue, by Tevah Platt/Staten Island Advance, Nov. 30, 2007)
- Deutsche Bank razing misses deadline: The head of the LMDC did not specify why the restart, slated for earlier this month, didn't move forward; a fire in August halted demolition efforts. .... A government agency has failed to meet its goal to restart the demolition of the former Deutsche Bank Building earlier this month and refuses to set a firm target for resuming the work. On Friday, Lower Manhattan Development Corp. Chairman Avi Schick would say only that he is “measuring the start in weeks.” He told a Crain’s New York Business breakfast forum in October that he hoped work would resume in early November. He refused to detail reasons for missing the start date, saying the situation was “complicated” and “things took a little more time.” ... (Crain's New York, by Theresa Agovino, Nov. 30, 2007)
- Manhattan: Asthma Linked to Trade Center... Children who inhaled dust from the collapsed World Trade Center may be twice as likely to develop asthma as children who were not exposed, according to preliminary findings released yesterday by the City Department of Health and Mental Hygiene. The department based the observation on self-reported symptoms from the World Trade Center Health Registry’s initial survey, which was conducted in 2003 and 2004. Health officials said about 6 percent of the 3,100 children under 18 who are enrolled in the study received a new asthma diagnosis after 9/11. The asthma rate for children under 5 who were directly exposed to the dust cloud was even higher possibly three times the rate for the same age group across the Northeast, officials said. But they cautioned that it was too early to tell whether the increase is due to exposure, better detection or the tendency of parents of children with asthma symptoms to join the registry. A follow-up survey is under way. (NYTimes, by Anthony DePalma, Nov. 29, 2007)
- HEALTH DEPARTMENT RELEASES NEW FINDINGS ON CHILDREN EXPOSED TO THE WTC DISASTER ... The survey found that children under five had an increased likelihood of being diagnosed with asthma in the two to three years following the event, though not as sharp an increase as rescue workers. The survey did not find evidence of elevated levels of post-traumatic stress in children. Health Department researchers will meet with WTC Health Registry enrollees and other community members tonight at the Second Annual Meeting and Resource Fair at Pace University to present these and other recent findings from the World Trade Center Health Registry initial survey, conducted in 2003 and 2004. According to the survey, half of the 3,100 children enrolled in the registry developed at least one new or worsened respiratory symptom, such as a cough, between 9/11 and the time of the interview. A follow-up survey now underway will assess whether these symptoms persisted beyond the initial days and months after the event. Prior to 9/11, asthma rates among child enrollees were on par with national and regional rates, but at the time of the interview, about 6% of enrolled children had received a new asthma diagnosis. Children exposed to the dust cloud following the collapse of the towers were twice as likely to be diagnosed with asthma as those not caught in the dust cloud, the survey found. The post-9/11 asthma rate among children under five years old may be as much as twice the regional (northeastern) rate for the same age group. ... (NYCDOH News Release, Nov. 28, 2007)
- Study: Children Who Breathed In Toxic WTC Dust Have More Breathing Problems .... The Health Registry says out of the 3,000 children who were exposed to the dust, more than half of them developed respiratory problems. Parents NY1 spoke to expressed mixed emotions about the findings. "I'm not surprised at all,” said one parent. “I just want to know what's the next step after that? Now that the found out this, what is the next step?" "Now I think my child was very at risk, considering everything we were breathing at the time, I would say he was incredibly at risk and we should have left at the time, so I'm grateful that he doesn't have asthma or any problems associated with it,” said another. “But I'm surprised that he doesn't." Health issues associated with inhaling the dust range from a persistent cough to bad cases of asthma. .... (NY1, Nov. 28, 2007)
- Manhattan: Environmental Tests Downtown ... Initial tests at 53 apartments and in the common areas of nine buildings within 1,500 feet of ground zero found three dust samples that were contaminated with asbestos above safe levels and 71 samples that were laced with lead that exceeded federal standards, environmental officials said yesterday. The spaces were tested under a controversial program of the Environmental Protection Agency. Since the testing began this year, most of the 5,600 samples the agency has analyzed have fallen below federal benchmarks for exposure. Mary Mears, a spokeswoman for the agency, said that 272 apartments and 25 buildings below Canal Street will be tested within the next year, and any contamination will be cleaned. Complete test results can be seen at www.epa.gov /wtc/testandclean. (NYTimes, by Anthony DePalma, Nov. 28, 2007)
- Death Ruled Not Homicide for Officer at Ground Zero ... New York City’s chief medical examiner has decided not to reclassify the death of a police officer who worked at ground zero as a homicide linked to the attack on the twin towers because the officer did not arrive at the site until Sept. 13, 2001. The examiner’s decision appears to cast doubt on the future of thousands of cases involving sickened rescue and recovery workers whose relatives may in the future seek to have them included on the 9/11 victims’ list. When the officer, James J. Godbee Jr., died in December 2004 at age 44, the medical examiner’s office listed the cause of death as sarcoidosis, a disease that scars the lungs and other organs. Although the death certificate did not link Officer Godbee’s disease to the days he spent at ground zero, the police pension fund did make that link later, granting the officer’s widow a line-of-duty pension. ... Dr. Hirsch’s decision to disallow those who arrived at ground zero after Sept. 11 from being considered possible homicide victims confused some legal experts. Stephen M. Gillers, a law professor at New York University, said that a fatality that is a “foreseeable consequence” of a particular crime is usually considered to have been caused by that crime. “Because Godbee arrived only two days later, you could make a pretty strong case that it was 9/11 exposure,” Professor Gillers said in a telephone interview. “The medical examiner may just be saying, ‘If I allow Sept. 12 or 13, I may be nickel-and-dimed to Sept. 15 and beyond.’ At some point, you just need to get on with things.” ... (NYTimes, by Anthony DePalma, Nov. 27, 2007)
- Lawmaker Calls On City To Review 'Cause Of Death' Policy For 9/11 Workers ... A state lawmaker called today on the city to set the record straight on the death certificates of victims of the September 11th terrorist attack. State Senator Eric Adams made the plea after the medical examiner's office refused to review the cause of death for Officer James Godbee who worked at the World Trade Center site from September 13th, 2001. Despite having symptoms consistent with inhaling toxic dust, Godbee was classified as dying of "natural causes." Adams says those who worked at the site deserve more from the city. "Their death certificates need to reflect their historic status in how they died,” said Adams. “Natural causes, there was nothing natural about those planes hitting that building and the toxic aftermath." "We want it to be recorded for history purposes that that person was a 9/11 victim,” said Norman Siegel, a civil rights attorney. “And if you just have on the death certificate 'natural causes' that won't happen." Adams says he will propose legislation if necessary to change the death certificates. As of this evening, there was no comment from the medical examiner's office.(NY1, Nov. 27, 2007)
- Give us clarity, Mike ... One thing was clear from Mayor Bloomberg yesterday regarding how, in his words, he will find "ways to pay tribute and to memorialize those whose lives were lost because of the work that they did down at Ground Zero after the terrible tragedy of 9/11": The mayor is not interested in the least in seeking the guidance of experts. His pronouncements on the case of Officer James Godbee, who was killed by a lung-scarring disease after laboring at the Trade Center site, served mainly to cloud a situation that cries out for clarity - and a little mayoral common sense. As revealed in yesterday's Daily News, Chief Medical Examiner Dr. Charles Hirsch refused even to review Godbee's cause of death on the ground that Godbee did not arrive at The Pile until two days after 9/11. Since he was not there the very day of the terror attack, he cannot be classified as the victim of either a homicide or an accident, Hirsch concluded. In the medical examiner's judgment, as a matter of established legalities, Godbee died of natural causes. ... (NYDaily News, Nov. 27, 2007)
- Vital Signs: Patterns: Stress Disorder’s Ties to Asthma Pose Mystery .... A new study has found a link between asthma and post-traumatic stress disorder, though the reasons remain unknown. The stress disorder, P.T.S.D. for short, is common among combat veterans and others who have endured severe trauma, like 9/11 rescue workers. Previous studies have demonstrated a connection between asthma and psychiatric illnesses, but no one knows whether one disorder increases the risk for the other or whether they share a common risk factor, either environmental or genetic. ... One-fourth of men with the most severe symptoms of the stress disorder were more than twice as likely to suffer from asthma as the quarter with the fewest P.T.S.D. symptoms. The association cannot be fully explained by familial or genetic factors; identical twins, who have exactly the same genes, were no more likely to suffer from both illnesses than fraternal twins, who share only half their genes. The researchers, whose paper appears in the Nov. 15 issue of The American Journal of Respiratory and Critical Care Medicine, are still seeking the explanation. “It may be a common environmental exposure that increases vulnerability to both disorders,” said Renee D. Goodwin, the lead author and an assistant professor of epidemiology at the Mailman School of Public Health at Columbia. “Here, we’re working on exposure to trauma.” (NYTimes, by Nicholas Bakalar, Nov. 27, 2007)
- EPA's Lower Manhattan Test and Clean Program .... Press Release Today, the U.S. Environmental Protection Agency (EPA) released the first round of sampling results from its Lower Manhattan Test and Clean program, established to identify the possible presence of contaminants associated with the collapse of the World Trade Center buildings. EPA has posted this round of data on its Web site. The Agency is continuing to test residential and commercial spaces and will update the Web site regularly as more data becomes available. Under the test and clean program, EPA is sampling for four contaminants of potential concern associated with the collapse of the buildings in 2001 -- asbestos, man-made vitreous fibers (MMVF), polycyclic aromatic hydrocarbons (PAH), and lead. To date, EPA has analyzed 5600 samples collected from 53 residential units and common areas in nine buildings. The analysis found that three samples for asbestos in dust exceeded EPA’s benchmark for asbestos, and 71 dust samples exceeded EPA’s benchmark for lead. ...... (Nov. 27, 2007)
- NYS Responders Report 9/11-Related Health Problems, Study Says ... Despite arriving later and having less-intense exposure than first responders, New York state personnel who worked at the World Trade Center (WTC) site after the 9/11 attacks have increased rates of physical and mental health symptoms, reports a study in the November issue of the Journal of Occupational and Environmental Medicine. Led by Dr. Matthew P. Mauer of the New York State Department of Health, the researchers evaluated health effects in 1,423 state workers who responded to the WTC disaster. The majority of these workers were from the New York State Police, National Guard, or Department of Transportation. As a group, the state workers had less-intense exposure to conditions at Ground Zero than reported in previous studies of first responders, such as New York City police or firefighters. Still, two-thirds were working at the WTC site during the last two weeks of September 2001. In addition, 110 of the state workers were in the vicinity of the WTC before the attacks and were caught in the cloud of dust when the towers collapsed. When evaluated in 2002-2003, the state workers had elevated rates of physical and mental health symptoms. Nearly half had respiratory symptoms. The most common symptom, reported by 30 percent of workers, was a dry cough. Nearly one-third of the state workers had experienced new or worsening psychological symptoms since working at the WTC site. Symptoms most commonly included sleep problems, fatigue and irritability. Just three percent of affected workers received treatment for these symptoms. Both types of symptoms were more common among workers who were caught in the cloud of dust. This included specific psychological symptoms of post-traumatic stress disorder (PTSD), such as feeling jumpy/easily startled, experiencing flashbacks and having difficulty concentrating or remembering things. Previous studies have reported various health effects in WTC first responders and community residents. The health evaluations among New York state workers provide an opportunity to evaluate the effects of later exposure to conditions at the disaster site. (Occupational Hazards, By Katherine Torres, Nov. 26, 2007)
- Reps. Nadler, Maloney and Fossella on Medical Examiner’s Ruling on Officer Godbee ... "These types of controversies will continue until transparent standards established by independent medical experts are put in place. We renew our call for the establishment of a panel of independent public health experts to help the city develop clear standards and procedures to determine whether deaths should be linked to 9/11. The victims of 9/11 and the city need clear procedures, determined by an independent panel of experts in a variety of relevant public health disciplines. "It seems clear that an otherwise healthy man who worked for countless hours on the pile at Ground Zero and who later developed sarcoidosis and died should have his case heard by the City’s Medical Examiner. At the very least, there should not be an arbitrary ‘cutoff’ for who can be considered a victim of 9/11. Many who are sick now were not at Ground Zero the moment the towers collapsed but their suffering and medical conditions are real." (News Release, Nov. 26, 2007)
- NYC M.E. Rules Against Another 9/11 Responder: PBA President Furious Over Ruling On James Godbee ... "This is ridiculous, an outrage," said Patrolmen's Benevolent Association president Patrick Lynch said.
Lynch was speaking for many Monday in his fury at City Medical Examiner Charles Hirsch, who refuses to say a hero cop who died of lung disease after working for hundreds of hours at ground zero was a 9/11 homicide. The reason? Godbee started work on Sept. 13. "This medical examiner once again proves that he's looking at this from a litigation standpoint rather than a right and wrong standpoint," Lynch said. (WCBSTV, by Marcia Kramer, Nov. 26, 2007)
- Doctor's ruling angers family of city cop James Godbee ... The city medical examiner has refused to even review the death of a city cop who toiled for hours at Ground Zero because the officer began working at the site Sept. 13 - a mere 48 hours after the towers fell. In a stunning decision that could set a precedent for ailing 9/11 responders and affected civilians, Dr. Charles Hirsch told the family of Officer James Godbee that because he was not at the site the day of the attacks, his cause of death would remain "natural." "All persons killed at the World Trade Center on September 11, 2001 and others who died later from complications of injuries or exposure directly caused by the collapse of the Twin Towers on that day are homicide victims," Hirsch wrote in a letter dated June 13. "However, P.O. Godbee first arrived at the World Trade Center site on September 13, 2001." Hirsch's perplexing determination has infuriated Godbee's family and put in doubt the likelihood of others being added to the official list of 9/11 victims. Godbee's widow, Michelle Haskett-Godbee, told the Daily News she wants to meet with the medical examiner. "Shame on him," she fumed. "I would like to know how he can justify the statement that because [my husband] wasn't there that day, it didn't affect him. "The medical examiner should be ashamed of himself for saying that. He's a doctor. He should know how the body works, how diseases progress." Hirsch's office did not respond to requests for comment. His silence left several questions unanswered. "If a person who inhaled the dust on 9/11 is deemed to be a homicide victim, then this person who inhaled the same dust caused by the same criminal act two days later has to be classified the same way," said Dr. Michael Baden, chief forensic pathologist for the New York State Police. "What is the cutoff?" Baden asked. "Is the cutoff 12:01 a.m. at 9/12? It's all the same stuff." James Godbee, 44, a 19-year veteran, died of a heart attack in December 2004 after he spent hundreds of hours amid the noxious fumes at Ground Zero, his relatives said. A city medical examiner ruled the heart attack was caused by sarcoidosis, an inflammatory disease that causes scarring of the lungs and other organs. Dr. Frank Accera, a pulmonary specialist at Beth Israel Medical Center, determined Godbee's exposure to the toxic dust at the Trade Center site "either caused or aggravated his sarcoidosis and ultimately caused his death." The NYPD pension board first ruled Godbee had not contracted sarcoidosis in the line of duty. It wasn't until a judge ordered a review of that conclusion that Godbee's death was determined to have occurred in the line of duty. ... (NYDaily Newsd, by Rich Schapiro, Nov. 26, 2007)
- Letter: TOWER POWER ... I am not surprised that Deutsche Bank caught on fire again recently ("Downtown Dithering," Nov. 18). As usual, the LMDC was cutting corners just so that it could meet a deadline. Of course, it won't just be the demolition of the Deutsche Bank that will delay the official plans. The Freedom Tower still has no tenants, and the costs have increased within the last year. ... .(NYPost, byTal Barzilai, November 25, 2007)
- 9/11 SUITS IN LEGAL LIMBO: GRAVELY ILL LEFT HANGING .... The judge overseeing the lawsuits of thousands of sick 9/11 rescue workers says he won't speed up trials for several responders described as being "on death's door." Manhattan federal Judge Alvin Hellerstein refused a request to set early trials for three World Trade Center workers who suffer severe lung disease. "I'm not going to do that," Hellerstein said in court Nov. 16. He later heard details in his chambers about retired NYPD detective Michael Valentin, 43, retired NYPD officer Frank Maisano, 41, and Ground Zero morgue volunteer Mary Bishop, 45. "All three of them are on death's door," lawyer Paul Napoli said. While sympathetic, Hellerstein said there are too many legal issues to start individual cases, according to lawyers in the conference. The city has so far refused to negotiate an out-of-court deal, but has urged Congress to reopen the Victim Compensation Fund to compensate sick workers. Maisano arrived at Ground Zero when the second tower collapsed, and was caught in the dust and smoke, NYPD records show. He worked 16-hour shifts over the next four days, and later did tours sifting debris at Fresh Kills landfill. Nearly three years later, he collapsed while chasing a robber. His 9/11 line-of-duty disability pension pays three-quarters of his $60,000 officer's salary, without life insurance. Bishop, who worked in an HIV lab at St. Vincent's Hospital downtown, boarded an ambulance to Ground Zero on 9/11 and stayed 24 days as a volunteer, labeling and bagging body parts. She got skin cancer and developed chronic lung disease that is "too far gone" to operate, her lawyer, Marc Bern, told the judge. Bishop shares a cramped Queens apartment with her 24-year-old daughter Natasha, a hospital worker who supports her. She relies on an electric respirator. .... (NYPost, by Susan Edelman, Nov. 25, 2007)
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Lawyer accused of using scare tactics to get 9/11 victims to settle ... Lawyers negotiating on behalf of thousands of 9/11 workers are being accused of using scare tactics - similar to those allegedly employed in another high-profile case - to get the ailing workers to settle quickly. Lawyer Marc Bern sent a letter to 9/11 workers last month urging them to give his firm permission to negotiate a deal with the city to divide up $1 billion in federal money available to settle their claims. Bern told 8,000 workers who blame their respiratory ailments on the time they spent working at Ground Zero that they might have to find another lawyer if they don't take a payout now. He warned that prolonging the case would rack up lawyer fees and expenses, siphoning off up to 40% of the payout. "You get your money now," he wrote. "Your litigation costs are much lower now than they would be if you took your case to trial." ... The case was tossed out in 2005 by a judge who said they should have read the fine print on their attorney agreement. Any disputes between the lawyer and client must go before an arbitrator, not a federal judge. Barker's lawyers said dozens of others were treated to the same tactics in what they ruefully called the "Marc Bern Traveling Road Show." Typically, fen-phen victims were offered $10,000 and told if they didn't take it they would have to find another lawyer, the tossed lawsuit claims. And, it adds, they were told that if they didn't settle soon, American Home Products would go bankrupt. "The purpose of the scheme was to minimize the cost and effort on behalf of NKB and the individual defendants [Paul Napoli, Gerald Kaiser and Bern] and to maximize the profits to them," the lawsuit claims. Bern declined comment yesterday. Some Ground Zero workers who received the recent letter from Bern fear that if they don't sign up soon they'll lose out on money. "What they think is that if they don't sign on, they're looking at nothing," said Julie Hernandez, a board member of Unsung Heroes Helping Heroes, an advocacy group for 9/11 workers. "They look around and see Vietnam veterans suffering from Agent Orange who are still waiting. "They figure if they wait, they'll be dead." ... (NYDaily News, by Thomas Zambito, Nov. 25, 2007)
- Medical Examiner, Differing on Ground Zero Case, Stands His Ground ... After a long run marked by few major controversies, Dr. Hirsch, 70, now finds his objectivity and independence being questioned because of his review of a single autopsy on the body of James Zadroga, 34, a New York City police detective who died in New Jersey last year. The Zadroga family had hoped he would agree with the Ocean County medical examiner’s finding that the detective’s death was linked to ground zero dust, which would add his name to the official list of victims of the 9/11 attack. But last month Dr. Hirsch shocked the Zadroga family and others with his conclusion, “with certainty beyond doubt,” that the material in Detective Zadroga’s lungs was not dust from the trade center but ground up pills he had injected into his veins. ... Dr. Hirsch’s findings about Detective Zadroga have generated controversy in part because many cases involving ground zero workers may have to be reviewed if the workers are to be included on the 9/11 victims list. The 9/11 victims’ fund gave more than 1,300 ground zero workers the same kind of injury award Detective Zadroga received, opening the door for future claims. Similarly, more than 175 police officers and 725 firefighters have received disability pensions for illnesses related to the trade center. And more than 20,000 workers have registered with the New York State Workers’ Compensation Board in case they become sick in the future. Several members of New York’s Congressional delegation said they did not think Dr. Hirsch should have the power to decide whether deaths were linked to 9/11. This month, they urged Mayor Michael R. Bloomberg to create a panel of independent medical experts. But the mayor rejected the proposal, saying such decisions should be based on science, not politics. There is no national standard for determining a cause of death. Medical examiners and coroners set their own guidelines, and each relies on a combination of experience and interpretation to come to conclusions. A medical examiner’s job is a mix of detective work and scientific observation. In determining the cause of death in most routine autopsies, a pathologist offers his or her “best medical opinion.” In civil lawsuits or legal proceedings, the standard rises to “preponderance of evidence.” Experts said that a stricter standard “with a reasonable degree of medical certainty” is used in criminal investigations or trials. Dr. Hirsch’s certainty in his review of the Zadroga case is exceptional. “The general public likes to assume that pathology is an exact science and everything is objective,” said Dr. John Sinard, director of the Autopsy Service at Yale University School of Medicine. “The reality is that everything is subjective.” .... Yet his review of the Zadroga autopsy could help the city defend itself against the suits brought by more than 8,000 ground zero workers who say they became ill after working at the trade center site, said Michael Palladino, president of the Detectives’ Endowment Association. ... (NYTimes, by Anthony DePalma, Nov. 25, 2007)
- LOOK OUT BELOW! DANGER 'BUILDS' ... The Department of Buildings yesterday revealed that 40 percent of all major accidents at high-rise construction sites involve materials plunging from above. They include everything from wrenches to ladders to hydraulic lifts. ... (NYPost, by Tim Perone & Chuck Bennett, Nov. 21, 2007)
- Slight drop in construction worker deaths in NYC ... Fire officials and construction contractors announced Tuesday that they have formed an advisory council that will meet at least once a month to discuss job site safety procedures. The goal of the talks will be to forestall disasters like the fire that killed two city firefighters in a partially dismantled skyscraper earlier this year. An investigation of the Aug. 18 blaze at the former Deutsche Bank building revealed myriad problems. Work crews had turned the building's interior into a maze of plywood and plastic. A pipe that normally would have supplied water to the firefighters' hoses was mistakenly taken apart. Witnesses said workers were smoking on the job, in violation of safety standards. Fire Department inspections that were supposed to have taken place had never occurred. After the blaze, "we decided that we needed to have more interaction with the Fire Department," said Louis J. Coletti, president and CEO of the Building Trades Employers' Association, which represents 1,200 unionized construction firms and 25 contractor associations. Meetings have already begun on an informal basis, and one early result was a recommendation, also announced Tuesday, that all construction or demolition projects involving a building taller than 14 stories include a fire safety plan that would be submitted to the Fire Department. "The more information that the department has ... the better off we are," said the FDNY's Chief of Department, Salvatore Cassano. The deaths of firefighters Robert Beddia and Joseph Graffagnino at the Deutsche Bank tower came in a year when city construction fatalities have declined slightly. (NYNewsday, David B. Caruso, Nov. 20, 2007)
- FDNY, contractors form job safety advisory group ... Fire department officials and construction contractors have formed a joint advisory council to lay down stringent safety rules for job sites, aimed at forestalling such mishaps as the fire that killed two city firefighters in a partially dismantled skyscraper earlier this year. The creation of a Fire Safety Advisory Council will make New York City "a safer place for construction workers, firefighters and the public alike," said Louis J. Coletti, president and CEO of the Building Trades Employers' Association. ... (Newsday, Nov. 20, 2007)
- DOWNTOWN DITHERING ... Do Gov. Spitzer and Mayor Bloomberg want to rebuild Ground Zero? If so, they must move swiftly to remove the dangerous monstrosity that may become the chief obstacle to rebuilding there - that is, the Deutsche Bank building. Given the bureaucratic inertia that seems to have swallowed up that 9/11-scarred site, you'd think neither Spitzer nor Bloomberg cares much about its future. Or about the long-term future of Downtown itself, which is counting on a rebirth at Ground Zero that can take place only after the Deutsche Bank building is gone. Indeed, three months after a fatal fire at the building halted its demolition, the Lower Manhattan Development Corp., a state- and city-controlled entity that owns the property, remains at full stop. The LMDC is still trying to figure out whether contaminants in the building should be cleaned completely before demolition resumes - or whether both jobs can go ahead simultaneously, as they did before the fire. Officials also need to settle on contractors for the job. (A key subcontractor, the John Galt Corp., was fired after the blaze.) What are they waiting for? Meanwhile, preliminary work - bolstering fire safety on the building and repairing some structural damage caused by the fire - is still being completed. Yet just last month, officials promised that demolition work would have started by now: “We hope the deconstruction will resume at the beginning of November," vowed LMDC Chairman Avi Schick. Maybe someone should have asked: November of what year? Now, officials are saying that - assuming the stars line up - work might start next month. Sure, delay is a hallmark of any operation involving government paper-clip twisters. And federal environmental regulators have doubtless done everything in their power to slow down the demolition. But this job is different. For one thing, every day that the building remains standing is another day that it remains a threat to the community. Remember, the fire wasn't the only calamity at 130 Liberty. A few months before, a 15-foot pipe fell from the building and smashed through the roof of a nearby firehouse, injuring two firefighters. And only days after the blaze, a pallet jack fell, injuring two more of The Bravest. ... (NYPost, Nov. 18, 2007)
- Five firefighters hurt in Deutsche Bank fire to sue city and state ... Five firefighters hurt during the deadly Deutsche Bank blaze plan to sue the city and state for millions in damages, saying they suffered career-threatening injuries. The men filed notices of claim Thursday, just days after the families of the two firefighters killed in the Aug. 18 blaze - Joseph Graffagnino and Robert Beddia - announced they intend to sue. "Outside of Sept. 11, this was the darkest day in the Fire Department's history," said Michael Barasch, attorney for four of the firefighters. The notices accuse the city and the Lower Manhattan Development Corp., which owns the toxic tower, of negligence during the building's ongoing demolition. "The standpipe was cut, and the conditions on the 14th and 15th floors ... where these firefighters were could not have been more hazardous," said Barasch, of the firm Barasch, McGarry, Salzman and Penson. Capt. Sean McBrien of Engine 15, Firefighter Steven Olsen of Ladder 1, Capt. Robert Scott of Engine 7, Firefighter Francis McCutchen of Ladder 5 and Firefighter Aristeo Kardi of Engine 4 all say they suffered serious injuries while battling the flames at the building, which was damaged by the Sept. 11, 2001, terror attacks. They are currently out of work on temporary disability or assigned to desk jobs. Kardi, who has been with the FDNY for less than two years, is seeking $1 million in damages. Barasch said the other four - each on the job for more than 14 years - would seek several million dollars in damages. (NYDaily News, by Jonathan Lemire, Nov. 17, 2007)
- Follow-up Surveys for WTC Health Registry Enrollees Due by the End of the Year ... The follow-up survey will help determine to what extent physical and mental health conditions have persisted, and whether any new symptoms and conditions have emerged. An important goal of this survey is to identify and help address gaps in medical and mental health treatment. ... (NYCDOHMH, Nov. 16, 2007)
- Congress Fails to Override Presidential Veto of Appropriations Bill That Would Provide Treatment for Residents ... To date, the only WTC-specific treatment for people other than rescue, recovery and clean-up workers at Ground Zero has been provided through a combination of private and New York City funding at the WTC Environmental Health Center. The WTC Environmental Health Center has treated more than 1,700 people at Bellevue Hospital and Gouverneur Healthcare Services in Manhattan, and Elmhurst Hospital in Queens, including a growing number of area office workers and New York City employees. .... (NYCDOHMH, November 16, 2007)
- Health money includes Downtown’s first M.R.I. ... The healthcare focus is also something new for the L.M.D.C. Since 9/11, activists have criticized the L.M.D.C. for not devoting enough attention to residents’ needs. Beyond Ground Zero, a coalition of nonprofit organizations, was and remains among the most outspoken critics of the L.M.D.C. “Our community was totally up in arms, totally outraged at the non-responsiveness, the neglect of our community, the resources going everywhere but to people affected by aftermath,” said Jei Fong, an organizer with Beyond Ground Zero. Beyond Ground Zero received a $750,000 grant for outreach to low-income people whose health was affected by 9/11. She said she was happy to receive the grant but it’s clearly not enough. ... (Downtown Express, Nov. 16-22, 2007)
- L.M.D.C. spreads $37m in grants all over Downtown ... Many nonprofits and elected officials applauded the healthcare emphasis, but for nonprofit coalition Beyond Ground Zero, the L.M.D.C.’s actions do not erase a history of neglect. “It’s great that L.M.D.C. put a little money toward addressing the health impact,” said Jei Fong, an organizer with Beyond Ground Zero, which got $750,000. “But it’s clearly not enough.” The government has largely ignored the health crisis of Lower Manhattan residents since 9/11, Fong said. ... (Downtown Express, By Julie Shapiro, Nov. 16-22, 2007)
- The reason for Deutsche violations? ‘Why not,’ the L.M.D.C. asks ... There is no guarantee that Downtown has seen the last of the violations at the Deutsche Bank building, the Lower Manhattan Development Corporation said Monday. The comments, by President David Emil, were the L.M.D.C.’s first public reply to the three Dept. of Buildings violations first reported by Downtown Express last week. The L.M.D.C. incurred the violations in October for combustible debris on the sixth floor, debris too close to the edge of the building and work starting too early in the morning. “It is our obvious desire to bring this [building] down completely in accordance with the applicable laws and regulations,” Emil said. “We think the issues have been addressed, but we are obviously concerned about [the violations] and are trying to not have it happen again.” Emil spoke at the C.B. 1 World Trade Center Redevelopment Committee, where members questioned him on everything from the violations to the project’s timeline. Asked after the meeting why violations continue at the building, Emil replied, “Why not?” “The building is being very, very carefully regulated, and the regulators are going to enforce the letter of the law,” Emil said. “When you do that in a building in which each floor is an acre, it’s impossible to say there will never be another violation. What it is possible to say is that we’re going to absolutely positively try to do everything right.” Emil also updated the committee on the progress of resealing the building, a necessary step before decontamination continues. The L.M.D.C. had hoped to finish resealing the building with plastic sheets last week, but should finish by the end of this week, Emil said. Also, unlike the pre-fire setup in which sections of the building were sealed in two-floor blocks, workers are rebuilding the original fire staircases, which will allow access through the 19th floor. Emil hopes to have the staircases complete by Nov. 16. The extended timeline for the project is fuzzier. ... Emil still had no news on plans to hire a subcontractor to complete the demolition. The L.M.D.C. has also not decided whether to complete the decontamination before starting demolition work, though Emil is still “leaning strongly in favor” of completing decontamination first. Several committee members were concerned about the violations. Barry Skolnick asked about the role of URS Corporation, which the L.M.D.C. hired before the fire to oversee the other contractors. Emil replied that it would be unrealistic to expect URS to prevent all violations, especially the one for working after hours without a permit. Pat Moore, who lives next door, asked about the flammable material still in the building. There are two types of flammable material, Emil said. The first type is construction debris contained in large boxes above the 14th floor. Of the 350 to 400 boxes, 190 have been removed so far. Once the building is resealed, the removal will continue. The second type is construction material, like sheetrock, that was stored in the building prior to the fire and needs to be moved, Emil said. This presumably was the material that the city objected to, since the violation was issued for a buildup of combustible debris on the sixth floor. A question on insurance came from board member Tom Goodkind. He wanted to know whether Allianz Global Risks U.S. Insurance Company and AXA Corporate Solutions insurance company have pitched in their share of the demolition costs. So far the insurance companies have participated" in funding that escrow agreement,” Emil said. “I don’t want to characterize whether they’re honoring it or not honoring it, but as to whether they have contributed any money so far, the answer would be yes.” Avi Schick, the development corporation’s chairperson, has said previously that he does not want to disclose how much money the agency will try and get from the insurers because it is likely to be the subject of litigation. The L.M.D.C. paid $90 million for the 130 Liberty St. building in 2004 and agreed to fund the demolition up to a $45 million cap. Beyond that, the insurance companies agreed to pay a certain percentage of the costs. The details, Emil said, are complicated. In February 2004, officials said insurance companies would cover the entire cost over $45 million. On Monday, Emil would not name the percentage that the companies must pay. (Downtown Express, by Julie Shapiro, November 9-15, 2007)
- Letter to the Editor: Deutsche deja vu ... I am not too surprised to hear that there is another violation at Deutsche Bank (news article, Nov. 2 8, “New fire safety violations at Deutsche”). As usual, the Lower Manhattan Development Corporation continues to cut corners while demolishing this building despite what dangers can be faced while doing it. The reason they will continue without taking safety precautions is because they feel that they have a schedule to keep, and delaying their demolitions can throw a wrench into the official plans through a chain reaction. You cannot put a price on safety, but I take it some just never learn from their mistakes. (Downtown Express, by Tal Barzilai, November 9 - 15, 2007)
- Question FDNY Policies: Unions: Inspection Changes All Smoke ... Firefighter unions denounced Fire Department changes in inspection procedures last week, calling them cosmetic, lacking in substance and counter-productive. The changes were made in response to the Deutsche Bank building fire Aug. 18, which killed two Firefighters. It was later revealed that the department had not inspected the building, which was undergoing demolition, in more than a year, although protocol required an inspection every two weeks. An FDNY statement announced Nov. 7 the "Implementation of a third inspection period each week for every field unit, increasing the amount of time - six to nine hours - units will be scheduled for weekly building inspections," and "added oversight of field inspections by or at the Borough Command level, and additional oversight with compliance measures implemented at FDNY headquarters in Brooklyn." The department also announced a program to update software containing building inspections and making them more accessible, in addition to strengthening relations with the Department of Buildings and making inspections a bigger focus of probationary Firefighter training. It changed the name of the department's inspection program from Apparatus Field Inspection Duty (AFID) to the Building Inspection Safety Program (BISP). Fire Commissioner Nicholas Scoppetta explained in a statement, "By increasing inspection time and providing more tools and information to our members, these initial steps will give firefighters a better opportunity to uncover any challenges they may face while fighting fires. What they see could ultimately save their own life or the lives of others." UFOA: He Doesn't Listen -- Calling the changes "pathetic," a statement from the Uniformed Fire Officers Association claimed that the department's change to give units more inspection hours would increase response times. The union said it suggested to the department that it create a task force led by a Deputy Chief in each division with the assistance of a Battalion Chief whose only job would be conducting inspections. A Captain would supervise four to six inspection teams in each division. The teams would be made up of Firefighters and led by a Lieutenant. But, the union said in its statement, the "splendid idea went by the wayside." Uniformed Firefighters Association President Steve Cassidy said the department chose to give firefighters more work rather than hiring more people. "It's going to compromise public and firefighter safety," he said. John Bosco, the lawyer for and brother of Capt. Peter Bosco, one of the three fire officers who were reassigned after the Deutsche Bank building fire, also blasted the changes in an e-mail, saying the most notable difference was a new acronym for inspection duties. "Cool name change, Scoppetta," he said. "However, didn't you forget something while you were busy thinking about what to name the new baby? The defects in the FDNY's building inspection program that were exposed by the tragic August 18, 2007 fire at the Deutsche Bank building were that FDNY still lacks a plan to inspect toxic buildings and the local firehouses lack the ability - no training or safety gear - to safely do the inspections." (Chief-Leader, Nov. 16, 2007)
- Bush vetoes $606 billion spending bill ... The bill also included $52.5 million to continue providing health care to first responders sickened from exposure at Ground Zero after the 9/11 terrorist attacks. The funding also would have extended coverage for the first time to nearby residents, workers and students who were not specifically working on "the pile" at the World Trade Center site. The bill originally passed with sizable Republican support, but short of enough votes to override a veto. Democrats pledged to seek more GOP support and reverse Bush's action. ... (NorthJersey, Nov. 14, 2007)
- Pre-Lawsuit Papers Call Bank Building a ‘Tinderbox’ ... The families of two firefighters killed this summer fighting a blaze at the former Deutsche Bank building near ground zero have filed legal papers contending that “dangerous conditions” and a failure to inspect for them turned the site into “a veritable tinderbox.” Lawyers representing the families of Joseph Graffagnino, 33, and Robert Beddia, 53, who died on Aug. 18, submitted notices of claim dated Monday. If lawsuits were to occur, the defendants would be six government agencies, including New York State, the Empire State Development Corporation and the Port Authority of New York and New Jersey. John C. Meringolo, a lawyer representing the family of Firefighter Graffagnino, who lived in Brooklyn, said yesterday, “We feel there have been improprieties.” He said the notice was especially sweeping about who might be sued because “we are preserving the rights of the family.” The family of Firefighter Beddia, who was from Staten Island, indicated that it might seek $30 million or more in damages. However large or sweeping a civil action, it may be delayed by an investigation being conducted by the Manhattan district attorney’s office for a possible criminal indictment. Depositions in a civil case typically are delayed so the criminal case can proceed. Barbara Thompson, a spokeswoman for the office, declined to comment on rumors that a grand jury had already been convened. The language of the Graffagnino notice of claim is blunt. “Routine inspections would have revealed that the premises were a textbook firetrap” and “a looming deathtrap for those sent in to quell the inevitable blaze.” (NYTimes, by Anthony Ramirez, Nov. 14, 2007)
- MIKE, SPITZ & PATAKI FACE $180M DEUTSCHE BLAZE SUITS ... Mayor Bloomberg, Gov. Spitzer and former Gov. Pataki all share responsibility for the August inferno at the condemned Deutsche Bank building that killed two firefighters, according to notices of claim filed yesterday on behalf of the victims' families that seek $180 million. The papers filed yesterday allege that top elected officials and their appointees are to blame for the fire through "their abject misconduct and callous indifference." "This is a first step of a long, long process my family and I are going through to force change in the city and prevent a disaster like this from happening again," said Linda Graffagnino, who lost her firefighter husband Joseph in the blaze. The long-expected civil litigation comes as a grand jury has begun hearing evidence in the ongoing criminal probe. "People are definitely going to get indicted," said a source familiar with the grand-jury proceedings into the deaths of Graffagnino and Robert Beddia. Firefighters responding to the Aug. 18 blaze at the tower overlooking Ground Zero were confronted by a confusing maze of blocked stairwells and barriers meant to contain the spread of asbestos and World Trade Center dust. Graffagnino, 33, and Beddia, 53, both died on the 14th floor of the building. ... (NYPost, by Chuck Bennett, Nov. 14, 2007)
- Firefighters' kin sue over Deutsche Bank fire ... The families of the two firefighters killed in the Deutsche Bank fire put the city on notice today that they plan to file multi-million dollar suits against a variety of city and state agencies. Firefighters Robert Beddia, 53, and Joseph Graffagnino, 33, died during the Aug. 18 fire that swept through the condemned toxic tower that overlooks Ground Zero. The city’s investigation revealed that the contractor in charge of demolishing the building was cited for numerous safety violations and that the FDNY was not carrying out mandatory inspections. Those errors form the basis for the claims, which cite “reckless, willful and wanton actions and inactions” of those supervising the building’s demolition by troubled contractor John Galt Corp. The defendants could include former Gov. Pataki, Mayor Bloomberg, and Fire Commissioner Nicholas Scoppetta. The notice of claim filed by Graffagnino’s wife Linda could seek a total of $150 million in damages for herself and the couple’s two small children. “We took a step today to preserve the rights of Linda and her children," said Graffagnino’s lawyer, John Meringolo. “If our investigation shows that someone needs to be held responsible, then we will take the appropriate legal action.” Beddia’s sister Barbara Crocco filed a claim for $30 million but that amount may increase, her lawyer said yesterday. Calls to the FDNY and the city’s Law Department were not immediately returned. The Manhattan district attorney’s office is also probing the blaze for potential criminal action. (NYDailyNews, by Thomas Zambito & Jonathan Lemire, Nov. 13, 2007)
- Deutsche Bank Work to Recommence Shortly ... Nearly three months after the fire that killed two firefighters at the Deutsche Bank building, decontamination and deconstruction work has yet to recommence at the 130 Liberty Street building and it is only now being completely sealed. In a meeting with Community Board 1’s World Trade Center Redevelopment Committee on Nov. 5, Lower Manhattan Development Corporation President David Emil said work was progressing to seal the building’s windows with plastic and metal panels. Following speculation that the sealed fire doors used to maintain positive air-pressure in the building might have contributed to the deaths of the firefighters, Emil said work is also in progress to create a fire-rated stairway up to the 20th floor of the building. Once these preparations are complete, workers can once again begin decontaminating and deconstructing the building, though Emil offered no guarantees that those two processes will proceed sequentially rather than simultaneously, as the Community Board has demanded. “We haven’t made any final decision on the order of abatement and demolition,” Emil told the board. Emil was similarly uncertain about when the building’s demolition will finally be finished. “We expect the complete decontamination by early spring,” he said. “If the building were down by June or July, I for one would be very happy.” But there were signs that very week that the Deutsche Bank deconstruction site remains riven by the same inter-agency disagreements that plagued it immediately after the fire in August, as federal environmental officials accused LMDC leadership of freezing them out of safety planning for the site. On Nov. 8, the Environmental Protection Agency’s regional administrator, Alan Steinberg, sent LMDC Chairman Avi Schick a letter complaining that the LMDC was no longer consulting with the agency in its planning on the building. “LMDC has abandoned the review and acceptance process,” Steinberg wrote, threatening that his agency “is prepared to utilize its statutory authorities, as necessary [...] to ensure that LMDC and its contractors utilize best management practices in all phases of the work.” .... At its meeting on Nov. 8, the LMDC board approved millions of dollars in additional expenses to cover the impact of the fire. Among those expenditures requested by LMDC Chairman Avi Schick was: $1 million to the law firm Dechert LLP for emergency services in the wake of the fire; an additional $5.8 million to the LMDC’s air-quality monitoring contract; more than $1.7 million in extra fees to URS, a consulting firm helping to oversee the project; more than half a million dollars more for ongoing scaffolding rental; and an additional $1.3 million to Stier Andeson LLC, which provides “integrity monitoring” on the site. Schick said the increases were meant both to cover the extended duration of the work after the long post-fire hiatus, and to pay for an increased level of services to improve safety at the site. But while the added costs are steep, Emil reassured the board that some of these expenditures will probably come back to the LMDC’s coffers eventually. “We believe we are indemnified for some of the damages under our insurance and through our contract with Bovis,” Emil said, referring to Bovis Lend-Lease, the LMDC’s lead contractor on the deconstruction. “We suspect a substantial amount of these funds will ultimately be recouped.” Just how much might be recouped, and from whom, Emil declined to say when meeting with CB1 members Nov. 5. (Tribeca Trib, by Nick Pinto, Nov. 13, 2007)
- Firefighters' estates to sue for $180M over fatal WTC tower fire ... The estates of Joseph Graffagnino and Robert Beddia announced plans to sue several state and city agencies, including the state-controlled Lower Manhattan Development Corp., which owns the former Deutsche Bank tower just across from ground zero. The Graffagnino claim also named officials including Gov. Eliot Spitzer, Mayor Michael Bloomberg and fire department Commissioner Nicholas Scoppetta. A notice of claim must be filed within 90 days of an incident if a lawsuit is planned against the government. The firefighters died on Aug. 18 of cardiac arrest after climbing 14 floors into the burning building, which was being dismantled. A broken standpipe, which hadn't been inspected in more than a year, hampered efforts to fight the fire. Both sets of papers said the state and city improperly awarded contracts to incompetent firms to clean the building of debris and take it down, understaffed and underfunded the demolition project and negligently failed to have a plan to fight the fire or properly inspect the building. The claim for Graffagnino, 33, seeks $150 million in damages; the claim for Beddia, 53, seeks $30 million. State spokesman Errol Cockfield declined to comment. City spokeswoman Kate Ahlers said: "This case involves a terrible tragedy. We are awaiting the formal legal papers, and will review them thorough.... (NY Newsday/AP, Nov. 13, 2007)
- TRAGIC COP TOLD OF 9/11 LANDFILL TOIL... He was handed a rake and told to start digging. In an interview several months before his death last week, NYPD Sgt. Michael Ryan recalled his chilling first assignment at the Fresh Kills landfill on Sept. 13, 2001. "We drove our cars right up to the landfill. We didn't know then, nobody knew, that they were dumping truckfuls of debris from the World Trade Center," he told The Post. "There were no contamination suits, no masks. I was just handed a rake and told, 'There's your pile, see what you can find.' That first day we found personal effects, credit cards and some small body parts." Ryan said sifted for remains for more than 80 hours at the Staten Island dump during 12-hour shifts over the next six months. The 20-year NYPD veteran and father of four died at age 41 last Monday of non-Hodgkin's lymphoma - one of the blood-cell cancers that Dr. Robin Herbert of the WTC Medical Monitoring Program warned in May could be the "third wave" of illness caused by toxic exposure at Ground Zero. The Queens warrants cop and youth-football coach gad battled his cancer since May 2006, when he found the first of several malignant lumps. (NYPost, by susan Edelman, Nov. 11, 2007)
- WTC $WINE DINING ... Lawyers and executives for the $1 billion World Trade Center insurance fund - who've already spent more than $100 million in overhead and legal fees - are also wining and dining with money meant for sick 9/11 responders, records show. Invoices obtained by The Post show that high-paid lawyers and employees of the WTC Captive Insurance Co., a nonprofit governed by Mayor Bloomberg appointees, have tapped the federal fund for cocktails and gourmet dinners. After a court hearing in Manhattan last year, when the city argued unsuccessfully to dismiss all claims by 9/11 responders, a top lawyer for the fund filed an expense report totaling $1,390 for "drinks and dinner." The June 23, 2006, tab submitted by Margaret Warner of the Washington, D.C., firm McDermott, Will & Emery included $138 for "cocktails" for six at Sir Harry's, a plush bar inside the Waldorf-Astoria hotel. The dimly lit lounge, decorated with antique oil paintings, serves $8 Budweisers and highballs for $12 and up. Warner billed another $342 to spend the night at the luxe Park Avenue hotel. After Sir Harry's, she and seven others ran up a $1,250 bill for "food and beverage" at Giovanni Ristoranti on West 55th Street, which boasts two Michelin stars. The cheapest bottle of wine goes for $50, and the northern-Italian cuisine features entrees like veal chop Milanese ($38.75). Besides Warner - who bills the fund $583 an hour - the diners included James Tyrrell, the city's lead defense lawyer; two colleagues from his firm, Patton Boggs; and WTC Captive CEO James Schoenbeck and general counsel David Biester. Warner's firm billed a total of $1,543 for "business meals" in August 2006, including the June feast. The WTC captive fund manages $1 billion in 9/11 federal aid awarded by Congress to cover claims from the Ground Zero cleanup and protect the city's coffers from huge liability. A spokesman, Caroline Gentile, defended the meals: "It is perfectly appropriate for the WTC Captive to reimburse its outside counsel for expenses, including dinner meetings incurred for a legitimate business purpose." Warner's representative said she billed for the June 23 drinks "in error." Warner said she will reimburse the captive and look for other such errors. Gentile said the captive will review other meal bills. Democratic Rep. Jerrold Nadler was appalled by the fancy food and booze. "The captive fund was never meant to serve as an open-ended expense account for well-paid lawyers," he told The Post. "Every dime wasted is money that could, and should, have gone to those who continue to suffer because of their exposure at Ground Zero." A 9/11 responder agreed. "They're having lobster tail and champagne while I'm scheduled for another surgery," said retired NYPD Detective John Walcott, 42, who has fought leukemia. The fund's financial reports through Sept. 30 show it has churned through more than $100 million in administrative and legal fees since 2004. Because of interest earned, the fund still has $15 million more than when it started, Gentile said. It has paid out $320,000 to six workers with "orthopedic injuries." Most of the 8,600 other claims cite respiratory and toxic injuries. (NYPost, by Susan Edelman, Nov. 11, 2007)
- New Study Released On Respiratory Problems For 9/11 Workers ... A new study released this month shows state employees who worked at the World Trade Center site after the toxic dust cloud cleared are suffering from the same respiratory problems as workers who were there during the actual September 11th terrorist attacks just to a lower degree. The study by the New York State Department of Health looked at more than 1,400 state police, National Guard members, and state Department of Transportation workers, including 110 who were in the dust cloud when the Twin Towers fell. Of those studied, one-third arrived during the first two days after the attacks and 57 percent arrived before Sept. 16, 2001. The study found nearly 47 percent of workers not caught in the dust cloud reported lower respiratory problems, compared with a little more than 57 percent of those caught in the dust cloud. Of those not caught in the cloud, 33 percent said they suffered from psychological symptoms compared to just over 36 percent of those directly exposed to the cloud. The report was published in the November issue of the Journal of Occupational and Environmental Medicine. (NY1, Nov. 10, 2007)
- Study: Latecomers to WTC Collapse Still Face Illness ... New York state employees who worked at the World Trade Center site in the days and weeks following the terror attacks suffered respiratory problems despite less exposure than their colleagues who were caught in the toxic cloud of dust when the towers fell, according to a new study. Researchers conducting the study evaluated 1,423 state workers who responded to the disaster, including 110 who were caught in the dust cloud when the skyscrapers collapsed. Most participants were New York State police, National Guard members and state Department of Transportation workers. Of those studied, one-third arrived during the first two days following the attack and 57 percent arrived before Sept. 16, 2001. All participants arrived at the site before Dec. 23, 2001. The research, led by Matthew P. Mauer of the state Department of Health, was published in the November issue of the Journal of Occupational and Environmental Medicine. The study found that nearly 47 percent of workers not caught in the dust cloud reported experiencing lower respiratory problems, compared with just over 57 percent of those caught in the dust cloud. Of those not caught in the cloud, 33 percent said they suffered from psychological symptoms, compared to just over 36 percent of those directly exposed to the cloud. That data does not include responses from the 81 study participants for whom it was unknown whether they were caught in the dust cloud. The information was collected in 2002 when state personnel answered questionnaires and underwent medical examinations. They were also offered medical monitoring evaluation, which happened between 2002 and November 2003.(1010wins, Nov. 10, 2007)
- Mayor Bloomberg Signs Legislation That Could Expedite Processing of WTC-Related Disability Applications for FDNY Members ... (NYCDOHMH, Nov. 9, 2007)
- THE FDNY'S PARALYSIS ... A union's objections to a new FDNY building-inspection plan shows why holding top departmental brass accountable is so vital. The plan, rolled out Monday, calls for several new procedures, including more time for inspections (nine hours a week, up from six). FDNY brass developed it after reviewing their inspection program in the wake of the Aug. 18 Deutsche Bank fire, which killed two firefighters. The Deutsche Bank tower had been damaged on 9/11 and was being taken down at the time of the fire. Under city rules, it should have been inspected every 15 days. But firefighters hadn't been to the site for months before the blaze. When units arrived to douse the flames, they had no idea that stairwells were boarded up and a standpipe, meant to deliver water to upper floors, had been cut. Had they known, the two firefighters - Robert Beddia and Joseph Graffagnino - almost certainly would have survived. So the added time for inspections (assuming they actually get carried out, of course) seems like a good idea. Alas, the Uniformed Fire Officers Association doesn't agree: It frets that extra inspections could sap manpower. Longer response times could result. Fire Commissioner Nicholas Scoppetta rejects that claim, insisting there's enough time and personnel for inspections and firefighting. Visiting sites, he said, has "never interfered with response times." ... (NYPost, Nov. 9, 2007)
- EPA: state agency makes end run on cleanup plans for WTC tower ... The owner of a contaminated ground zero skyscraper clashed again Friday with the Environmental Protection Agency, which accused it of trying to push cleanup plans through without getting the EPA's approval. The EPA released two separate statements Friday by regional administrator Alan J. Steinberg charging that the state owner of the former Deutsche Bank tower had "abandoned the review and acceptance process" before changing plans to clean and dismantle the building. The Lower Manhattan Development Corp., which owns the building, replied that the owner and the EPA had worked out their differences by Friday afternoon, but EPA officials declined to change their earlier remarks. The cleanup of toxic debris, some left from the collapse of the World Trade Center's south tower into the building on Sept. 11, 2001, has been on hold since a deadly Aug. 18 fire, as has the dismantling of the building. The LMDC and several government agencies and regulators have been in contentious talks since then about every aspect of the building's cleanup, from its resealing after the fire to how to make it safer to enter. In a Thursday letter to the LMDC, Steinberg said the agency had only gone to the state Labor Department to change old plans for several floors that suffered fire damage, including one request to take out concrete floor slabs from the building. The LMDC said Friday it had met with EPA officials and "cleared up an apparent misunderstanding" about the approval process. The EPA has approved all work that has happened so far at the building, it said. EPA spokeswoman Bonnie Bellow said Friday the LMDC had changed a 3-year-old policy by going only to the Labor Department to approve cleanup changes. State Labor Commissioner M. Patricia Smith said Friday that the department reviewed the recent cleanup plans "in consultation with other state and federal agencies." (NYNewsday, by Amy Westfeldt, Nov. 9, 2007)
- $10 million in new expenses for ground zero skyscraper ... The owner of a condemned ground zero skyscraper where a fatal fire occurred last August has approved over $10 million in new expenses. The Lower Manhattan Development Corp. extended contracts with several companies that are removing toxic debris and taking down the former Deutsche Bank tower. The money approved Thursday includes a $1 million contract with a law firm to represent the state agency in the ongoing criminal investigation of the fire. (NY Newsday/AP, Nov. 8, 2007)
- New fire safety violations at Deutsche ... Officials may hope to resume demolishing the Deutsche Bank building soon, but the project’s fire and safety problems continue. In October two months after the Aug. 18 blaze killed two firefighters at the damaged building the city Dept. of Buildings issued three violations one for allowing combustible debris to accumulate on the sixth floor (Oct. 4), one for leaving debris too close to the edge of the building (Oct. 5), and one for doing after hours work without a permit (Oct. 13). “One would think they’d be careful they’re under investigation, two people have died, the community is up in arms,” Pat Moore said of the Lower Manhattan Development Corporation and other agencies overseeing the building across the street from her home. She is a member of Community Board 1 and attended an Oct. 12 meeting of the 130 Liberty St. Advisory Committee, yet she had not heard about the violations until she was contacted by Downtown Express. “Why would we have a meeting on the 12th and not hear about the violations,” she asked. The meeting was run by the L.M.D.C., the building’s owner. Kimberly Flynn of 9/11 Environmental Action said a fellow activist emailed her the information about the violations but she also got no official word, despite attending the Oct. 12 meeting. “These are violations in October, at which point we would have thought the L.M.D.C. had the situation firmly in hand,” she said. “The nature of the violations is particularly troubling.” Catherine McVay Hughes, chairperson of C.B. 1’s World Trade Center Committee, said L.M.D.C. officials did say Oct. 12 that they were reducing the “fire load” in the building, but they did not connect the change to the recent violations. The violations have been rectified, according to the Buildings Dept. Web site. .... (Downtown Express, by Josh Rogers, Nov. 2-8, 2007)
- Reps. Nadler, Maloney and Fossella Welcome $52.5 Million for 9/11 Health and First-Ever Language Covering Area Residents, Workers and Students.... today welcomed the passage of the Labor, Health and Human Services and Education Appropriations Conference Report, which includes the first-ever federal funding for area residents, workers, and students whose health was affected by 9/11. That measure, adopted late Tuesday, includes $52.5 million to address the growing health needs of those individuals who were exposed to the environmental hazards released as a result of the September 11, 2001 attacks upon the World Trade Center. While firefighters and first responders have received federal funding for 9/11 related health care in the past, this is the first time such efforts were specifically included in an annual appropriations bill. Also, this bill marks the first time that funds for 9/11 health programs will be available to area residents, workers and students. The Senate must still adopt the conference report, and President Bush has already threatened to veto the measure. “This is a critical victory the decision to include funding in a regular appropriations bill for the monitoring and treatment of first responders, residents, workers and students who are suffering as a result of 9/11 is the right thing to do,” said Rep. Nadler. “We are finally starting to deliver on our promise to provide for all the affected populations. The President has shamefully issued a veto threat for this bill and I urge him to reconsider. This bill would help meet America’s moral obligation to all of the victims of 9/11.” “Once again, Congress has stepped up and kept the doors open at federally-funded 9/11 health clinics,” said Rep. Maloney. “This bill includes several ‘firsts’: it’s the first time we’ve secured 9/11 health funding through a regular appropriations bill, rather than emergency spending, and it’s the first time that funds will be made available to treat and monitor lower Manhattan residents, workers and students. The New York delegation worked hard to pass this important bill. I urge the President to do right by the heroes of 9/11 and sign it.” .... (News Release, Nov. 8, 2007)
- MIKE WTC Plan ... People who perished after breathing in toxins while working at Ground Zero will be honored - but not by having their names listed with those who died on 9/11, Mayor Bloomberg said yesterday. "I'm going to find something - it will not be with the names around the two voids," Bloomberg told reporters at a press conference at the Brooklyn Navy Yard yesterday. "That's going to be for those people that died that day." (NYPost, by Maggie Haberman, Nov. 8, 2007)
- 9/11 health support ... On his way back to the office last week, Mayor Bloomberg bumped into Democratic presidential candidate Mike Gravel, the former senator for Alaska, left. Gravel, who also met with first responders in New York, made a campaign stop at City Hall and said he supports federal health care for ground zero workers and residents, as well as a bill to that effect sponsored by one of his opponents, Sen. Hillary Clinton. “I think it’s a good measure,” Gravel told Downtown Express. “A lot of people who lived in the neighborhood were damaged because they didn’t know, and the government didn’t tell them that there was an environmental hazard.” A few members of NY 911 Truth, which challenges the official explanation for the attack, appeared with Gravel. The senator said if elected, he would subpoena officials to find out who was behind the Sept. 11 attacks. ... (Downtown Express, Nov. 2-8, 2007)
- EPA Letter to LMDC: 130 Liberty Street ... In EPA's view, LMDC has abandoned the review and acceptance process for tthe "Deconstruction" and "Implementation" Plans by meeting exclusively with NYSDOL and seeking NYSDOL's approval of these requests without EPA review and acceptance.... The record reveals that asbestos and other contaminants of potential concern are known to be present in 130 Liberty Street. Comprehensive sampling and analyses of contaminants in the building were previously doucmented by R.J. Lee for Deutsche Bank and by the Louis Berger Group, Inc. in the "Initial Building Characterization Study Report" (the "Berger Study") and the TRC Environmental Corp., both for LMDC. The Berger Study at page 7, for example, cites constiutents in the WTC dust at 130 Liberty Street as including, among other things, asbestos, dioxin, lead, quartz and polyaromatic hydrocarbons. ...EPA is prepared to utilize its statutaory authorities, as necessary, including those under the Resource Conservation and Recovery Act and the Clean Air Act to ensure that LMDC and its contractors utilize best management practices in all phases of the work. One of EPA's primary goals for 130 Liberty Street is to prevent a situation that causes a release into the environemnt of any asbestos and/or hazardous air polllutants, hazardous waste constituents, hazardous substance or contaminatns which may present an imment and substatial endangerment to public health and the environment.... (Nov. 8, 2007)
- Owner Of The Former Deutsche Bank Building Approves New Expenses ... The owner of the former Deutsche Bank Building has approved more than $10 million in new expenses. The Lower Manhattan Development Corporation is extending contracts with several companies that are removing toxic debris and dismantling the building. The money approved includes a million-dollar contract with a law firm to represent the LMDC in the fire investigation. .... (NY1, Nov. 8, 2007)
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State spends $1M on legal fees for criminal probe into WTC fire ... The state owner of a condemned ground zero skyscraper has hired a law firm for $1 million to represent it in a criminal investigation into the August blaze that killed two firefighters. The Lower Manhattan Development Corp.'s board on Thursday approved the contract with Dechert LLP to represent the state rebuilding agency in probes into the blaze at the former Deutsche Bank tower. It was among $10.4 million in expenses approved to continue the cleanup and dismantling of the 26-story tower just across from the World Trade Center site. The Manhattan district attorney's office and the state attorney general's office are investigating the fire at the partially dismantled, contaminated building, which officials have blamed on a construction worker's tossed cigarette. But the probes have focused on oversight for the LMDC-owned tower, which had no fire plan; a deliberately cut standpipe that hampered firefighting efforts in the blaze; and the selection process for contractors and subcontractors. The firm was retained in late September, although the board was not asked to approve it until Thursday. The city has hired criminal lawyer Gary Naftalis to represent it in the investigations. Naftalis and his firm were hired at a $265 hourly rate; a Law Department spokeswoman wouldn't say how many hours had been billed as of Thursday. The LMDC also approved spending over $9 million extending several existing contracts for the building, including for an environmental consulting firm and an integrity monitor. LMDC president David Emil said that the agency may eventually get the money back from insurance on the project. Officials weren't able to say how much the dismantling of the building will cost. The agency, which generally held monthly meetings, had not held a public board meeting since one month before the Aug. 18 fire.(Metro/AP, by Amy Westfeldt, Nov. 8, 2007)
- After Deutsche fire, more time on building checks for FDNY ...Overhauling its inspection program in the wake of the deadly Deutsche Bank blaze, the FDNY ordered a 50% increase in the number of hours firefighters must spend checking city buildings. Engine and ladder companies will spend nine hours a week inspecting buildings in their jurisdictions, up from six hours, according to an FDNY memo obtained by the Daily News. The change comes after it was revealed that mandatory inspections of the condemned former Deutsche Bank tower were not conducted by the local firehouse. The failure may have contributed to the deaths of two firefighters in the Aug. 18 blaze. "Following the Deutsche Bank fire, we looked at the inspection program and how we could make it more efficient and more effective," Fire Commissioner Nicholas Scoppetta said. "More inspections means more safety for our firefighters and the public." Bad weather and emergency calls often prevent fire units from making inspections, Scoppetta said. Last year, fire companies across the city used fewer than 50% of the 110,000 hours annually allocated for inspections, he said ... The Uniformed Fire Officers Association applauded many of the changes but strongly objected to increasing inspection hours, claiming it will result in longer response times. (NYDaily News, November 8, 2007)
- Fire Dept. Changes Way Demolition Is Supervised ... The Fire Department announced yesterday that it was changing the way it inspects buildings under construction or being torn down, to avoid the confusion that contributed to the deaths of two firefighters in a blaze at the former Deutsche Bank building at ground zero last summer. Under city regulations, inspections at such buildings are required every 15 days. But when the city relieved three officers of their posts after the fire, commanders complained that following the inspection schedule was all but impossible because no one ever alerted them about which buildings were under construction or demolition in their area. Yesterday, department officials said the city would now notify fire companies of permits issued for construction or demolition so they could easily determine which buildings to inspect, rather than having to find them by driving around the neighborhood. The change is among several to emerge from a review of the department’s field inspection program after the fatal fire on Aug. 18 at the bank building, which was damaged in the 9/11 attack and was being dismantled at the time of the fire. Fire Commissioner Nicholas Scoppetta, who has called for greater compliance and accountability in the way the inspections are done, said he put the new rules into effect on Monday. Another change will create a computerized list of all buildings that are at least 75 feet tall that are under construction or demolition and supplement it with a computer pop-up program that reminds commanders of the due dates for inspections, and whether they are overdue. Also, the number of hours that firefighters are given each week to carry out inspections will increase to nine from six. And layers of oversight will be built in, from the firehouse to the division to the borough to headquarters, Mr. Scoppetta said. It was apparent to firefighters at Engine Company 10, in the local firehouse, that the Deutsche Bank building was being demolished, but inspections that could have uncovered some of its problems, including a broken standpipe and sealed stairwells, had not been done since November 2006. Investigators are looking into these lapses. “All of this is all about firefighter safety and the public safety,” Mr. Scoppetta said, adding that more changes were likely. The rules were immediately criticized by the union that represents 2,450 of the department’s superior officers, the Uniformed Fire Officers Association. Union officials said the changes would burden, rather than help, firefighters in the city’s engine and ladder companies and predicted that response times would increase, because firefighters would have to devote more time to inspections and need more time to get from them to fires, possibly leading to larger fires and more fatalities. John J. McDonnell, the president of the union, said its leaders met with fire officials on Oct. 18 to put forward a plan calling for re-establishing citywide Fire Department task forces that would make inspections and keep the companies in their areas informed. “The task forces could allow the regular field units to be available more and not be so responsible for complex inspections,” Mr. McDonnell said. “The task forces would bring back intimate information about the building that the fire units would not have the time to physically see themselves.” Mr. Scoppetta, in rejecting the union’s arguments, said that only 50 percent of the allocated inspection time was being used for inspections, so the added time would not be burdensome. He said building inspections “never interfered with response times.” And he said that while special units could assist companies in some busy areas, regular firefighters must do most of their own inspections in order to become familiar with the buildings in case of fires there. ... (NYTimes, by Al Baker, Nov. 8, 2007)
- Pols call for panel on 9/11 death classifcation ... Three members of Congress Wednesday called on the mayor to create an independent panel to come up with specific standards for determining whether a death was caused by exposure to toxic dust and debris at Ground Zero. The request, made in a letter to Mayor Michael Bloomberg, comes on the heels of the controversial ruling by chief Medical Examiner Dr. Charles Hirsch that the death of retired police detective James Zadroga was not the result of the more than 400 hours he worked at the former World Trade Center site after the Sept. 11 terrorist attacks. Hirsch's ruling contradicted a finding by a New Jersey pathologist who had reported that Zadroga's death was "directly related to the 9/11 incident." Reps. Carolyn Maloney (D-Manhattan, Queens), Jerrold Nadler (D-Manhattan) and Vito Fossella (R-Staten Island) want the mayor to empanel a group of public health experts who would establish standardized procedures for linking a death to 9/11. "The Zadroga case and others like it underscore the need for a fully transparent procedure to evaluate whether deaths can be linked to ," the letter said. "At present, the entire process rests in Dr. Hirsch's hands." Zadroga's death became a symbol for post-9/11 illness, and a federal bill to create a treatment program for 9/11 responders bears his name. Bloomberg -- who met with Zadroga's father this week and apologized for saying that Zadroga was "not a hero" because of the questions about how he died -- quickly dismissed the proposal. ...(AMNY, November 8, 2007)
- Mayor Grapples With How to Memorialize Post-9/11 Deaths ... Mayor Michael R. Bloomberg has already reached at least one conclusion about how to memorialize people like James Zadroga, whose death has been linked to 9/11, although he did not die on that day. Their names, the mayor said, do not belong with those around the voids at the memorial. “I’m going to find something,” Mr. Bloomberg, who is chairman of the National September 11 Memorial & Museum, told reporters at a news conference today at the Brooklyn Navy Yard. “It will not be with the names around the two voids. That’s going to be for those people that died that day. But there’s plenty of other ways to do that, and I did make a commitment that I would look at it. That was two days ago.” Adding that they were “trying to build a memorial that will last centuries,” he said he wanted to give it more thought. .... (NYTimes blog, by Diane Cardwell, Nov. 7, 2007)
- Reps. Maloney, Nadler and Fossella Urge Independent Standards for Adding Names to 9/11 Victims List ... urged him to empower a panel of independent public health experts to help the city put in place clear standards and procedures to determine whether deaths should be linked to 9/11. The full text of the Representatives’ letter can be found below. “The history of 9/11 should not be decided behind closed doors by one person,” Rep. Maloney said. “Advice from independent medical experts would bring standards and transparency to the sad task of adding new names to the official list of 9/11 victims. I am grateful to Mayor Bloomberg for meeting with the Zadroga family and I urge him to consider our suggestions.” “It is not right for one person to determine, in secret, who should be added to the official list of the victims of 9/11,” said Rep. Nadler. “An independent body of medical and scientific experts could help implement a transparent process to determine whether or not a death was 9/11 related.” “We need a transparent policy that applies a consistent standard to all cases over the course of decades. The Zadroga case proves that medical experts can review the same evidence and arrive at different conclusions,” said Rep. Fossella. ... Detective Zadroga’s illness has been directly linked to 9/11 by many distinguished experts, including the numerous doctors who treated him, former New York City Medical Examiner Dr. Michael Baden, the Ocean County Medical Examiner, the New York City Police Medical and Pension Boards, and the Special Master of the September 11 Victim Compensation Fund. (News Release, Nov. 7, 2007)
- FDNY Strengthens Inspection Programs In Wake Of Deutsche Bank Fire ... After a fire at the former Deutsche Bank building claimed the lives of two city firefighters, the Fire Department said Wednesday that it’s overhauling its building inspection policy in the hopes of averting a similar situation in the future. NY1’s Amanda Farinacci filed the following report. It is still unclear what fire officials knew about the former Deutsche Bank building before the fatal August 18 fire, or why no one knew the staircases inside had been sealed and why mandatory inspections had not been conducted. But what Fire Commissioner Nicholas Scoppetta says he does know is that the department will do all it can to make sure it doesn't happen again. “Sometimes a crisis really presents an opportunity,” said Scoppetta. “We took a comprehensive look at our inspection programs and we decided we could strengthen the inspection programs.” Under a new building inspection program that went into effect earlier this week, the Buildings Department now notifies the FDNY anytime it issues a new building or demolition permit. Surprisingly, field units used to have to canvass their response areas to learn that information. There's also a new computer program to keep track of all buildings more than 75-feet high that are going up or coming down. They have to be inspected every 15 days. The program reminds units when their next inspection is due. Finally, the new policy means firefighters will now spend nine hours every week doing building inspections, up from the six hours they used to do on a weekly basis. “It's extremely important for units to do their own inspections,” said the fire commissioner. “They get an opportunity to see the buildings they're going to respond to emergencies in, and that's critically important.” However, the head of the fire officers union has some grave concerns about the new building inspection policy including the possible impact it could have on response times. “If the alarm is on the west end and they're all the way on the east end, obviously there's going to be a significant increase in their response time,” said Jack McDonnell, president of the Unformed Fire Officers Association. The Fire Department says the additional field inspections won't have an effect on response times because companies in the same response areas won't likely schedule inspections at the same time. In the meantime, the UFOA is planning to speak to the City Council about resurrecting a building task force used under the Giuliani administration, with a special team of firefighters dedicated specifically to building inspections. (NY1, Nov. 7, 2007)
- FDNY Changes Inspection Procedures After Deadly Fire ... The inspection program is a critical component of ensuring public safety by allowing firefighters to get a first-hand look at buildings before an emergency arises," Commissioner Scoppetta said. "By increasing inspection time and providing more tools and information to our members, these initial steps will give firefighters a better opportunity to uncover any challenges they may face while fighting fires. What they see could ultimately save their own life or the lives of others. "The following changes have been added to the program, including the name -- from Apparatus Field Inspection Duty (AFID) to Building Inspection Safety Program (BISP) to emphasize how safety is directly related to inspection work:
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- Implementation of a third inspection period each week for every field unit, increasing the amount of time -- six to nine hours -- units will be scheduled for weekly building inspections. (Less than half of the scheduled inspection time for field units actually gets spent inspecting buildings due to emergency responses, inclement weather, etc.)
- Creation of a new computer software program which indexes all buildings -- more than 75 feet high that are under construction or demolition -- for each individual field unit according to their particular area. This program is now tracking inspections and electronically reminds units when their next inspection is due.
- Added oversight of field inspections by or at the Borough Command level, and additional oversight with compliance measures implemented at FDNY headquarters in Brooklyn.
- The City's Department of Buildings now notifies the FDNY of new building or demolition permits issued. That information will be given to field units, which were previously instructed to canvass their areas to learn this information.
- Other initiatives also are being developed to streamline building information and increase training at every level, including the following which are currently underway:
Computerization -- The FDNY is currently working with the City's Department of Information Technology and Telecommunications in planning an integration of all of our building inspection information, as well as improved information-sharing with the Department of Buildings and other City agencies.
Partnership with DOB -- The FDNY and DOB are partnering on a number of information-sharing initiatives, including the Fast-Track Pilot Program which enables chief officers to enter critical information about buildings directly into the DOB*s Business Information System. This drastically reduces the notification and action time required for DOB officials to address structural concerns that could endanger our members or the public. A pilot program in Divisions 6 and 7 in the Bronx was successful, and soon, it will be expanded to other boroughs.
Increased Training -- With the expansion of proby school at the Fire Academy, additional material on fire prevention and inspections has been added to the curriculum. Newly promoted officers at every level also will receive additional training on building inspections in their promotional courses, and a new course is being developed for fire prevention coordinators. (WNBC, Nov. 7, 2007)
- NYC fire inspections to increase after WTC skyscraper blaze ...Scoppetta had said that there are tens of thousands of buildings to inspect -- including more than 400 under construction. Officials have said firefighters now get called away from inspections more than half of the time to fight fires. Fire safety expert Glenn Corbett said additional hours will make little difference, because the department needs more staff to inspect buildings. He noted that response to an emergency could be delayed if a company is in the middle of a building inspection. "It's one thing if you're inspecting a two-story house, it's another thing if you're in a high-rise building," said Corbett, a John Jay College professor. "How long is it going to delay your response time?" Department spokesman Jim Long said no new hires were planned for inspections, and that emergency response remained its priority. Scoppetta also said inspection reports would now be reviewed by borough commanders; previously, the reports would only be sent to department division heads. The department also is creating a computer index of tall buildings being built or demolished, and said the city Buildings Department would notify the fire department of new construction permits issued. Scoppetta said the new program will give firefighters "a firsthand look at buildings before an emergency arises." The department had no plan to fight a blaze at the toxic, partially dismantled ground zero tower before the fire. Firefighters said they had to navigate partially blocked stairwells and a maze of floors sealed with flammable plastic material. Firefighters Robert Beddia and Joseph Graffagnino died of cardiac arrest after their air tanks ran out of oxygen.... (NYNewsday/AP, by Amy Westfeldt, Nov. 7, 2007)
- '9/11 Nine' able to collect disability pension benefits ... The fourth time turned out to be the charm for legislation making private hospital medics eligible for the same 9/11 disability pension benefits already extended to city first responders. Gov. Spitzer signed a revised measure, which had been vetoed three times in the past, prompting cheers from supporters of the "9/11 Nine" - the emergency medical technicians and paramedics who responded to Ground Zero and were either killed or became ill. "To say this is a great and gratifying day for the nine of us and our families would be a huge understatement," said Marvin Bethea, a disabled paramedic who said he was buried in the rubble at Ground Zero and now suffers from numerous illnesses. Four medics were killed at Ground Zero, and five, including Bethea, were left disabled. They are now able to collect disability and death benefits of 75% of the wages they were earning on 9/11. As a result, each survivor will reap an additional $20,000 a year. The cost will be picked up by the hospitals that employed them. Bethea said when the Democratic-controlled Assembly retooled the bill last month, it helped Spitzer avoid a potentially embarrassing override. (NYDaily News, by Joe mahoney, Nov. 6, 2007)
- Mayor Calls Detective Hero But Adds to the Confusion ... After a week of intense criticism, Mayor Michael R. Bloomberg retreated yesterday from previous remarks and said a retired police detective who died at age 34 after working hundreds of hours at ground zero was indeed a hero. The mayor appeared, however, to immediately set off more confusion, when after a meeting with Mr. Bloomberg, the detective’s father said he expected the city medical examiner to re-examine the case. Dr. Charles S. Hirsch, the chief medical examiner, concluded last month that the death of the detective, James Zadroga, in January 2006 was not connected to his work at the World Trade Center, and that material found in his lungs resulted not from inhaling toxic dust at ground zero, but from injecting ground-up prescription drugs. That finding departed from previous medical assessments. The mayor “said Hirsch may have made a mistake,” the family’s lawyer, Michael Barasch, told reporters after the half-hour private meeting in City Hall. .... (NYTimes, by Aimee Harris, Nov. 6, 2007)
- WTC cop's kin and politicians back Daily News on WTC panel ... A Daily News proposal to evaluate the claims of first responders who die after working at Ground Zero won wide support Saturday from politicians and union leaders - as well as from the family of James Zadroga. The decorated 34-year-old NYPD detective died of lung problems in January 2006, but city Chief Medical Examiner Charles Hirsch ruled it was not related to his 400 hours working at The Pile. In an editorial yesterday, The News urged Mayor Bloomberg to create an independent panel to allow for "clearer standards and greater transparency" in determining who died from World Trade Center exposure - a decision now made by Hirsch alone. The detective's father, Joseph Zadroga, said he hopes a panel would reevaluate his son's case, with a firefighter and a cop on the panel "just to keep an eye on the henhouse, so to speak." Bloomberg has backed Hirsch's ruling and said Zadroga was "not a hero." Advocates for 9/11 workers will rally outside City Hall today, where Joseph Zadroga is scheduled to meet with Bloomberg - and hopes to change the mayor's mind. ... The News' plan also won support in Congress, where the city has fought to win funding for 9/11 workers' health troubles. "Why not be proactive [and create] one single, consistent standard?" asked Rep. Vito Fossella (R-S.I.). "The mayor was right when he said that for decades to come we're going to have to make decisions about whether yet another American has died as a result of 9/11," said Rep. Carolyn Maloney (D-Manhattan, Queens). "This process cannot rest in the hands of one person in one office. I strongly support the Daily News' call." Added Rep. Jerrold Nadler (D-Manhattan): "It's not right for one person to decide this in secret." .... (NYDailyNews, by Stephanie Gaskell, Nov. 5, 2007)
- NY Mayor Sorry About 'Not a Hero' Remark ... Mayor Michael Bloomberg apologized Monday to the father of a police detective he had described last week as "not a hero" because of questions about his death following his work on the Sept. 11 World Trade Center cleanup. "I believe that James Zadroga was a hero for the way he lived, regardless of the way that he died," Bloomberg told reporters after meeting with the retired police officer's father, Joseph Zadroga. ... (AP, by Sara Kugler, Nov. 5, 2007)
- Parents of WTC cop to Mike: You're wrong, our son's a hero ... Joseph Zadroga considered the two stunning twists in the saga of his dead son and weighed which was the more painful. Was it the meeting at the city morgue, where Chief Medical Examiner Charles Hirsch told the family in dry, scientific terms that James Zadroga, a decorated detective, died because he misused prescription drugs - not from inhaling toxic dust at Ground Zero? Or was it Mayor Bloomberg publicly declaring that Hirsch's findings prove Zadroga, who became a worldwide symbol of the insidious health damage of 9/11, was not a hero? "What Hirsch said really hurt. I knew it wasn't true," Joseph Zadroga said. "He disgraced my son's and my family's reputation, to say not just he was misusing drugs, but he was an intravenous drug user." Then Zadroga shook his head and his eyes saddened. "When Bloomberg said that, I said, 'I don't friggin' believe this.'" All the Zadrogas have wanted for more than five years is for their son to be acknowledged as a 9/11 hero. ... "He had two bags of antibiotics a day, it took 45 minutes for them to drip in," Zadroga said. "It became quality time for us. We sat and talked. Most of the rest of the time he'd be sleeping. I'm glad we had that time." ... (NYDaily news, by Patrice O'Shaughnessy, Nov. 4, 2007)
- New York's duty to Ground Zero dead: Editorial ... Hirsch has an excellent reputation, and his efforts to identify the 9/11 victims through their remains won justified praise. But his way of conducting business is far too ad hoc. The case of Felicia Dunn-Jones makes the point. A lawyer caught in the dust cloud on 9/11, Dunn-Jones died in 2002 of a lung-scarring disease. In 2004, after her husband was found eligible for the September 11 Victim Compensation Fund, his attorney Richard Bennett asked Hirsch to add Dunn-Jones' name to the victims list. He refused, and rejected all further evidence submitted by Bennett. Then Bennett contacted city lawyers. Hirsch named Dunn-Jones a World Trade Center-related victim. The list of 9/11 dead is sacred and must be restricted to those found eligible by virtue of hard science. There must be a set process and standards. All conclusions must speak with absolute authority. It's time for Bloomberg to assemble a board of renowned experts and ask them to get to work. (NYDaily News, Nov. 4, 2007)
- You Don't Have to Be a Hero to Get Help: New program at Gouverner Health Center offers treatment available until recently only to WTC rescue and cleanup workers ... (Grand Street News, by Margaret Mitchell, November 2007)
- Bloomberg Expanding WTC Environmental Health Center to Gouverneur ... Mayor Michael Bloomberg announced last month that the WTC Environmental Health Center at Bellevue Hospital, the City funded program offering free, high quality health services to people experiencing health problems as a result of 9/11, is expanding to Gouverneur Healthcare Services on the Lower East Side and Elmhurst Hospital in Queens. Combined the three centers will be able to treat up to 20,000 patients over the next five years. .... (Grand Street News, November 2007)
- Insists It's WTC-Related: Detective's Dad: ME Tilted Death Finding ... t wasn't the toxic chemicals or the biohazardous pieces of human remains from Ground Zero found in Det. James Zadroga's lungs that killed him, Chief Medical Examiner Charles Hirsch told the dead man's family, but rather his abuse of prescription drugs. Neither Detective Zadroga's father nor advocates for first-responders believed him, however. In an Oct. 19 meeting with the Zadroga family at its New Jersey home, Dr. Hirsch explained that the death of a non-smoker who died of pulmonary injuries in 2006 at age 34, was in no way related to his hundreds of hours working at Ground Zero, but rather resulted from crushing his prescription drugs, mixing the particles with a liquid and injecting the fluid into his bloodstream. He told the family that those particles penetrated his lungs. Disagreed With N.J. ME -- The conclusion contradicted a New Jersey Medical Examiner's findings and those of the NYPD Pension Fund Medical Board, which both determined Detective Zadroga's ailments were due to exposure to toxic chemicals at Ground Zero. .... Mr. Zadroga said he showed photos of his son's lungs, which were 90-percent black, to the ME. Dr. Hirsch's reaction, he claimed, was that those were normal lungs. Mr. Zadroga also said the ME offered no evidence of track marks on his son's arms or collapsed veins to substantiate the claim that he was an intravenous drug user. The Zadroga family's attorney, Michael Barasch, noted that prior to 9/11 James Zadroga was drug-tested nearly every month as a member of the street crime and homicide apprehension units, and that he always tested negative for illicit drugs. He added that even if Dr. Hirsch's assertion was correct, it was indisputable that Detective Zadroga had been prescribed those same drugs for a 9/11-related illness. ... "If there's junk science, that's what it is," said Marianne Pizzitola, president of the Uniformed FDNY EMS Retirees Association, which advocates for emergency responders injured due to their work at the World Trade Center site. Linking Detective Zadroga's name to drug use might harm the passage of James Zadroga Act, a bill in the U.S. Congress that would secure Federal funding for medical treatment for 9/11 rescue workers, Mr. Barasch said. Ms. Pizzitola, like Detective Zadroga's father, believed Dr. Hirsch's position was based on Mayor Bloomberg's denial that 9/11 first-responders have gotten sick from their work. ... (The Chief-Leader, by Air Pual, Nov. 2, 2007)
- At Fiterman, Lessons Learned From a Fire ... Fiterman Hall, like the former Deutsche Bank building, is a toxic hulk rendered uninhabitable on Sept. 11, 2001. And like the bank building, it has yet to come down. Just how that will be accomplished is a matter of intense scrutiny following the Deutsche Bank blaze that killed two firemen and has prompted a criminal investigation. “We’re deeply affected by the events in August at Deutsche Bank,” Iris Weinshall, vice chancellor of Borough of Manhattan Community College, told a public forum at the school last month. Lessons learned from the fire, she said, are “an opportunity to inform our own process.” Weinshall, however, was quick to draw distinctions between the college’s former building, at 30 West Broadway, and the Deutsche Bank building before it caught fire. At 15 stories, Fiterman is much smaller. And unlike the bank building, where decontamination and deconstruction took place floor by floor, she said, Fiterman will be cleaned before it is taken down. She added that consultations are ongoing with Fire Department officials, who visit the site regularly. Mindful of the deadly conditions at the Deutsche Bank building that included blocked stairwells and non-working standpipes, Weinshall said the Fire Department is getting to know the building well, and routinely tests the standpipes. “The Fire Department is as knowledgeable about this building and what’s in the building as they probably ever are going to be,” she said. Andy Bachman, project manager with Tishman Construction, described wayfinding measures inside the buildingmarked and lit paths to stairways and posted egress plansmeant to head off the disorientation that firefighters faced in the Deutsche Bank fire. “We want to make sure that firemen and anyone who goes into the building can find their way around safely and egress the building in the event of an emergency,” he explained. Monitors around the site have so far registered no high readings for contaminants from the building, according to Ben Lewis, the air quality consultant on the project. Lower Manhattan will be a pilot area for a special messaging plane-mail and text messaging alertsin the event that high levels of toxins are released or some other crisis occurs. “It’s being pushed as quickly as is responsible,” said Seth Cummins, chief of staff for the city’s Office of Emergency Management. ... (Tribeca Trib, by Carl Glassman, Nov. 2, 2007)
- Mayor Will Meet Family Of Ground Zero Worker ... Mayor Bloomberg is scheduled to meet with relatives of a deceased detective who worked at ground zero after the September 11 attacks on Monday at City Hall. Mr. Bloomberg drew criticism when he said earlier this week that science had showed that the detective, James Zadroga, was not a hero. The city's medical examiner determined the detective's death to be related to intravenous injection of prescription pills, not from breathing the air at ground zero. The mayor has not apologized for the comment he made, but he did praise the detective this week for being a dedicated police officer and said he did not intend to hurt his family. (NYSun, Nov. 1, 2007)
- Health effects in new york state personnel who responded to the world trade center disaster. ... OBJECTIVE:: To conduct an evaluation of health effects in New York State personnel who responded to the World Trade Center disaster. METHODS:: Data from a medical monitoring program, including questionnaire data, physical examination results, and clinical and laboratory test results were evaluated for 1423 participants. Descriptive statistics were reviewed and data were analyzed using logistic regression. RESULTS:: Lower and upper respiratory symptoms were reported by nearly half of the study participants. One third reported a psychological symptom. Some health effects, including respiratory symptoms and symptoms suggestive of posttraumatic stress disorder, were associated with having been caught in the cloud of dust on September 11, 2001. CONCLUSIONS:: This cohort probably experienced less overall exposure than other World Trade Center responder cohorts did. Results suggest that being present when the buildings collapsed was associated with reported symptoms. .... (J Occup Environ Med. 2007 Nov;49(11):1197-205)
OCTOBER
- Mayor Backs Away From Questioning Dead Officer’s Heroism ... Mayor Michael R. Bloomberg backed away yesterday from his earlier statements that James Zadroga, a police detective who worked for hundreds of hours on the smoldering pile at ground zero, was “not a hero” because the city’s chief medical examiner ruled his death was not directly related to dust from the trade center site. .... A New Jersey pathologist concluded in 2006 that Mr. Zadroga’s death was directly related to his work at ground zero, but New York City’s chief medical examiner, Dr. Charles S. Hirsch, recently rejected that finding. He concluded that it was misuse of prescription medication, not World Trade Center dust, that caused the detective’s lung ailments. The tone of Mr. Bloomberg’s comments yesterday veered sharply from statements he made on Monday after receiving an award from the Harvard School of Public Health. Asked why science could be unpopular, he said that it sometimes provided answers that people did not want to hear, as in the case of Mr. Zadroga. Referring to Dr. Hirsch’s finding, he said, “Nobody wanted to hear that.” “We wanted to have a hero, and there are plenty of heroes,” he said. “It’s just in this case, science says this was not a hero.” Yesterday, Mr. Bloomberg described Detective Zadroga as “a dedicated police officer” with an impressive record who “volunteered to work downtown, and I think that the odds are that he clearly got sick because of breathing the air but that’s up to the doctors.” (NYTimes, by Diane Cardwell, Oct. 31, 2007)
- Union Demands Apology for Mayor's 'Hero' Comments ... A police officers' union is demanding that Mayor Bloomberg apologize for saying a deceased detective who worked for more than 400 hours at ground zero after the attacks of September 11, 2001, was not a hero. ... (NYSun, Oct. 31, 2007)
- How could Mayor Bloomberg be so 'heartless' - cop's dad ... Zadroga's autopsy concluded he died of exposure to Ground Zero toxins, but city Chief Medical Examiner Charles Hirsch later concluded his lungs were scarred from injecting groundup pain pills. His father said he kept his son's medicines under lock and key and never saw any needle marks or other evidence of abuse. Bloomberg on Monday told Harvard public health students that Hirsch's ruling showed how government should make decisions based on science, not emotion. Tuesday, he explained his remarks for more than five minutes and agreed Zadroga was probably sickened from his 450 hours at Ground Zero - but ducked the chance to take back his most cutting words. "This was a great NYPD officer who dedicated himself, put his life in harm's way hundreds of times during his career," Bloomberg said. "It's a question of how you want to define what a hero is, and certainly I did not mean to hurt the family or impugn his reputation." A spokesman for the mayor said later he would be happy to meet with Zadroga's family. The unions for city police officers and detectives joined the call for an apology, saying it was obvious the detective died from his service at Ground Zero. ... (NYDailyNews, by Adam Lisberg, Oct. 31, 2007)
- Furor Erupts Over Bloomberg's Remarks, WTC Cop 'Not a Hero' ... A fury erupted Tuesday over Mayor Michael Bloomberg's remarks that a police detective who worked on the World Trade Center cleanup is "not a hero" because his death was ruled unrelated to the toxic debris. The family of retired police detective James Zadroga and the city's police unions called for an apology from the mayor, saying his comment was heartless. They said every member of the police force is a hero for putting their lives on the line, particularly those who worked in the months-long cleanup at ground zero after the Sept. 11, 2001, terrorist attacks. ... (FoxNews/AP, Oct. 30, 2007)
- FDNY Deutsche chief lost dad, 2 Bravest & job in 7 weeks ... FDNY veteran Richard Fuerch, at Long Island home, talked with News about losing commander job after deadly Deutsche Bank fire. ... In the space of seven weeks, Deputy Chief Richard Fuerch lost two firefighters, his father and his hard-earned reputation after 34 years on the job. ... He is also an adjunct professor in fire science at John Jay College. "Ironically, I teach building construction and life-safety systems," he said. He graduated from the Fire Officers Management Institute at Columbia University and took a combating-terrorism course at the U.S. Military Academy at West Point. He fought fires in New Orleans after Hurricane Katrina with the FDNY incident management team. Scoppetta contends Fuerch did not implement a March 2005 memo on the Deutsche Bank building drawn up by Battalion Chief William Siegel, instead relying on the FDNY's general high-rise fire protocol. "That memo was taken out of context," Fuerch said, declining to elaborate. It's hard to comprehend that someone with such experience and intensive preparation for all kinds of fire disasters would ignore a better plan to fight a blaze in the hulking building. Fuerch notes that he and Siegel started at the same firehouse three decades ago and remain friends. He said they have spoken since the memo controversy. Fuerch, his wife and two daughters have been buoyed by the support of friends inside and outside the FDNY. Right after his reassignment, he said, he got 50 encouraging phone calls (NYDaily News, By Patrice O'Shaughnessy, Oct. 30, 2007)
- FIRED-FIRM CEO STILL RUNS SITE'S SCAFFOLDS: TOP EXEC BLAMED FOR DEUTSCHE BANK FIRE ... The top executive of a subcontracting company being blamed for the deadly Deutsche Bank blaze will continue to play a key role in the demolition of the building, although his company was fired from the project. The Lower Manhattan Development Corp., owner of the black-shrouded building at 130 Liberty St., continues to retain the services of Regional Scaffolding & Hoisting on the site - a company run by the same man who heads the John Galt Corp. Officials with the LMDC declined to comment on the relationship between the two companies and refused to provide details on the kind of services Regional Scaffolding will continue to provide nor the value of its contract. Greg Blinn, CEO of the John Galt Corp. and vice president of Regional Scaffolding, said his contract with the LMDC forbids him from speaking to the press. His two companies operate out of the same offices at 3900 Webster Ave. in The Bronx. Last week, the LMDC and the main contractor for the demolition project, Bovis Lend Lease Corp., fired John Galt as the asbestos-removal subcontractor in the wake of the Aug. 18 blaze that killed two firefighters. Five days after the deadly fire, a John Galt employee dropped a 300-pound pallet jack from the 23rd floor of the building injuring two more firefighters. Mayor Bloomberg said yesterday that that fire was most likely started by careless smoking on the 17th floor. Employees of John Galt have said basic safety practices were ignored and, despite specific rules forbidding it, on-site smoking was routine. The John Galt Corp. was also slapped with 12 violations from the Department of Buildings and 20 federal Occupational Safety and Health Administration violations for work at the building near Ground Zero. (NYPost, by Chuck Bennet, August 28, 2007)
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You tell ‘em ... Speaking of Julie Menin, she may not win the Ms. Congeniality contest at the next Lower Manhattan Development Corporation board meeting. Menin told fellow Community Board 1 members last week that she was angry that the L.M.D.C. seemed to be trying to pawn off its community notification responsibilities on the community board. The L.M.D.C. has offered the board a grant to hire a staffer to interface with government agencies and do outreach, Menin said, but in the wake of the fatal Deutsche Bank fire, she thinks the buck should stop at the corporation. “They cannot put that onus on us,” she said. “We cannot be co-opted by them.”(Downtown Express, Oct. 26 - Nov.1, 2007)
- Smearing a hero of 9/11 ... There is mounting evidence that the city's chief medical examiner libeled the memory of Detective James Zadroga by ruling that the cop's long, arduous service at Ground Zero had nothing to do with his tragic death. Dr. Charles Hirsch appears to have committed a gross injustice that no apology can ever set right. ... (NYDailyNews, Oct. 26, 2007)
- City Says Prescription Misuse Caused Death of Detective Who Worked at 9/11 Site ... New York City’s medical examiner has concluded that it was the misuse of prescription drugs, and not toxic ground zero dust, that killed James Zadroga, a retired detective, but other experts strongly disagree. Detective Zadroga’s parents revealed the medical examiner’s opinion yesterday, several days after he had sent a letter to them stating “with certainty beyond doubt” that their son had not died as a result of inhaling dust during the more than 400 hours he worked at ground zero. After reviewing medical evidence, Charles S. Hirsch, the city’s chief medical examiner, concluded that Detective Zadroga had crushed pills and made them into a solution that was injected intravenously into his bloodstream. Traces of nonsoluble fillers, or binders, in the pills accumulated in his lungs, leading to respiratory illness that caused his death in January 2006, at the age of 34, according to the medical examiner’s office. Ellen Borakove, a spokeswoman for the medical examiner’s office, said the material in Detective Zadroga’s lungs had passed through his bloodstream. “Our findings were that his lung disease was not caused by anything he inhaled,” she said. “The crystals we saw under the microscope could only have been caused by foreign body granulomas in the blood vessels.” Medical experts have been aware for more than two decades that drug abusers who crush tablets including the painkiller OxyContin and inject them directly into their veins can develop serious respiratory problems. Powdery materials used to bind tablets, including talc and cellulose, can lodge in the lung capillaries. The body reacts by forming nodules called granulomas, which can eventually reduce lung capacity. ... In addition, Dr. Baden said that when he examined slides he found large glass fibers and other particles that could not have come from pills. He also said that injecting ground-up pills causes scarring at the injection site, but that no scars were found on Detective Zadroga’s body. ... (NYTimes, by Anthony DePalma, Oct. 26, 2007)
- CHEST: Steroids Prevented Lung Damage After 9/11 ... The differences were both "clinically and statistically significant," Dr. Prezant said at CHEST 2007, the annual meeting of the American College of Chest Physicians. But he cautioned that the study is "preliminary and hypothesis-generating" because many of the approximately 2,700 firefighters who originally signed up for the study dropped out almost immediately. Reasons for dropping out included fear of steroid side effects and lack of immediate benefit, Dr. Prezant said. "We had hoped we would be following these 2,700 firefighters," Dr. Prezant said, but most only took the medication for a few days. Only 158 were treated for the full four weeks that was suggested, he added. ... (Medpage, Oct. 25, 2007)
- Family of Ground Zero cop seeking 3rd opinion on death ... The family of an NYPD detective who died after being exposed to deadly toxins at Ground Zero is seeking a third medical opinion on the cause of his death, sources close to the family said Wednesday. ... (NYDaily News, by Melissa Grace, Oct. 25, 2007)
- Inhalers’ Use Found to Help 9/11 Workers ... New York City firefighters who used steroid inhalers while they worked at ground zero during the early days of the rescue and recovery operations in 2001 suffered less severe respiratory problems than others, even though they were not wearing protective gear, according to a new study released yesterday. Aerosol inhalers, or puffers, are commonly prescribed for people with asthma. The study, which was presented at the annual meeting of the American College of Chest Physicians in Chicago, suggests that they may also help prevent respiratory illness in emergency workers exposed to hazardous conditions. ... (NYTimes, by Anthony DePalma, Oct. 25, 2007)
- Senate votes to extend 9/11 health aid ... The Senate has approved a $55 million fund to help care for people exposed to toxins from the Sept. 11 attacks. The funding would extend monitoring and treatment from first responders and emergency personnel to residents, workers and others who breathed the contaminated air in lower Manhattan. "Passage of this bill by the Senate is great news for those who still suffer from the lingering effects of the 9/11 attacks," Sen. Hillary Clinton (D-N.Y.) said Wednesday. The bill, approved Tuesday night, comes as an addition to the $50 million already allocated in the 2008 fiscal year. The measure encourages the development of long-term solutions to screen and treat everyone affected by the post-9/11 risks. Health problems suffered by the thousands who were affected range from asthma to posttraumatic stress. "The message of this vote is clear," said Sen. Chuck Schumer (D-N.Y.). "America is here for you in your time of need." The bill will now go to the House. (NYDailyNews, by Oren Yaniv, Oct. 25, 2007)
- US Senate approves $55 million to expand health coverage for 9/11 emergency responders ... Washington The full Senate has approved an additional $55 million in federal funding to address the mounting health needs of those individuals who were exposed to the environmental hazards released as a result of the September 11, 2001 attacks upon the World Trade Center. The funding, which comes in addition to the $50 million that was provided in the recent Emergency Supplemental Appropriations Bill, was included in the Fiscal Year 2008 Labor, Health and Human Services Appropriations Bill by the Senate Labor, HHS, Education and Related Agencies Appropriations Subcommittee. The bill will now proceed to the conference with the House as the next step in the appropriations process. Specifically, the $55 million will go towards screening, monitoring and treatment activities administered by the National Institute for Occupational Safety and Health to help those individuals who were exposed to the environmental hazards released on and after 9/11. The bill also includes language requiring the Department of Health and Human Services, through NIOSH, to expand the program beyond responders and rescue workers to entities that would provide services to residents, office and commercial workers, students, and other individuals who were exposed. Existing programs to serve those who were impacted include the centers in the Mt Sinai Consortium and the program run by the New York City Fire Department. Finally, the bill, which was given full Senate approval, encourages the development of a long-term, comprehensive solution to screen and monitor all individuals who were exposed to environmental hazards from the World Trade Center collapse and encourages the provision of long-term comprehensive medical services for those experiencing illnesses or injuries as a result of these exposures. (Empire State News, Oct. 25, 2007)
- ME Claims 9/11 Cop Died From Drug Misuse ... In a private meeting, Hirsch later told the family he believed Zadroga died of drug misuse - most likely by grinding up his medication and injecting it intravenously. There was no claim of any illegal drug abuse. Zadroga was taking 14 medications, including two intravenously, at the time of his death, but all were administered by family, according to his father. Later Thursday, Hirsch's office confirmed Zadroga got the lung disease that killed him by injecting ground-up pills, the coroner's spokeswoman confirmed. Hirsch apparently cited the talc and cellulose present in Zadroga's lungs as evidence of such misuse. But Baden, who reviewed Zadroga's tissue slides, autopsy report and medical records, dismissed this claim. "Talc and cellulose are ubiquitous," he said, noting such materials could have come from furniture at the World Trade Center. He also said there was no evidence of the scarring that would have accompanied repeated injections. ... Baden said the lack of scars or needle tracks - and Zadroga's clean bill of health prior to Sept. 11 2001 - further undermine Hirsch's ruling. But Hirsch maintains that the foreign matter in the cop's lungs "entered his body via the bloodstream and not via the airways,'' his spokeswoman told the AP. "I suspect that there may not be a 100 percent definitive answer here," said Dr. Stephen D. Cohle, chief medical examiner of Kent County (Grand Rapids) Michigan. Cohle, who knows both Dr. Hirsch and Dr. Baden but is not involved in this case, said that foreign materials that are mixed with injected drugs display a very specific appearance - and likely wouldn't be mistaken by someone as experienced as Hirsch. However, Cohle noted that it's unusual for chronic IV abuse to cause fatal lung disease. Cohle also said Zadroga's heart condition can offer clues. According to the autopsy report, the right side of Zadroga's heart had swelled to twice its normal size - a condition known as right ventricular enlargement. "Right ventricular enlargement is much more common with exposure to dusts and other occupational exposure," Cohle said. Earlier this year, Hirsch ruled that an attorney who died of a lung disease after being caught in the World Trade Center collapse could be added to the victims list - the first time a person who died from a 9/11-linked illness was included in the official tally. (CBS, Oct. 25, 2007)
- Debris Removal Underway at 130 Liberty ... Preparations are now underway to remove debris and waste from 130 Liberty Street. In coming days, vehicular activity around the site will increase as trucks begin to transport the material to approved landfills. All materials have been carefully sealed in boxes for transport. Environmental regulators will oversee the operation, which is expected to take place over the next two weeks. (LowerManhattan.info, Oct. 24, 2007)
- Inhaled steroids protected 9/11 firefighters: study ... As New York City firefighters struggled to find survivors in the haze and rubble of the World Trade Center collapse, the fire department's chief doctor was thinking about how to keep them safe from toxins in the air. Dr. David Prezant devised a plan to offer inhaled corticosteroids -- the kind used to prevent asthma attacks -- to the city's firefighters in the hopes they might prevent lung damage. The effort appears to have paid off, said Prezant, a lung specialist who presented his findings on Wednesday to a meeting of the American College of Chest Physicians in Chicago. Prezant knew the best defense against respiratory disease would be to use respirators, but he also knew exposure was inevitable, and many rescue workers had already breathed in potentially toxic particles. "These people were going to rescue their buddies and recover their buddies no matter what. It was our plan to mitigate their exposure," Prezant told Reuters. The strategy was unproven. No studies had shown inhaled steroids could protect against long-term lung damage. Prezant, who had been trapped at the World Trade Center himself and was taking inhaled steroids to protect his own lungs, decided to offer the same treatment to firefighters. "We thought about this on day two," said Prezant, co-director of the World Trade Center Medical Monitoring and Treatment Programs. He asked a friend at Montefiore Medical Center to contact a sales representative for AstraZeneca, maker of the inhaler known as Pulmicort or budesonide. "I knew there would never be any side-effects. That is why I knew it was worth doing even if there was no evidence it would help," he said. Within days of the September 11 attack, AstraZeneca had trucks loaded with 10,000 donated inhalers headed for the city. FEARS OF SIDE-EFFECTS: Prezant had to satisfy the company's lawyer that the medication, which is not labeled for preventive use, would be given by medical personnel and that firefighters would be fully informed -- which he did. Some 2,700 out of 10,000 firefighters initially agreed to participate, but only 158 actually completed treatment. Many feared the effects of steroid use or saw no immediate benefit. Just 64 participated in the follow-up. But two years after the attack, those who did complete treatment had significant reductions in respiratory symptoms and better quality of life compared with untreated firefighters, according to Prezant's study. Treated firefighters, who started out with more symptoms than those with similar exposure who got no treatment, had about 10 times greater improvement in lung function compared with the untreated group. The results are enough to suggest this approach might be worth another try, he said. ... (Reuters, by Julie Steenhuysen, Oct. 24, 2007)
- AP Analysis: Could debate about officer's death hurt 9/11 bill? ... They say that a key determining factor will be whether the materials were found in Zadroga's blood vessels or the upper airways. Material found in vessels often come from injections, while substances in the airways are usually inhaled, experts say. "If you're looking for the source and how a particular substance got in the body, you look at the type of particles, the size of the particles, how the body reacted to those particles, and where those particles were found in the lungs," said Michael Graham, the chief medical examiner in St. Louis. .... (NYNewsday, Oct. 24, 2007)
- 9/11 Advocates Rip ME Finding On Cop's Death; Question Basis For Ruling It's Not WTC-Related ... Advocates for 9/11 first-responders Oct. 19 blasted the Chief Medical Examiner's determination that the death of an NYPD Detective who toiled at Ground Zero was not related to his 9/11 recovery work.... (Chief-Leader, by AAri Pual, Oct. 26, 2007)
- Pension Ruling Reversed: 2 Firemen Granted WTC Disability Pay ...The Fire Department Pension Fund Medical Board has reversed a decision denying disability pensions to two firefighters who retired due to 9/11-related illnesses. The FDNY Medical Committee ruled in 2003 that two firefighters, Lawrence J. Marley and Gerard Ledwith, had suffered from clinical asthma with airway hyperactivity, but overruled those findings two years later, claiming that their illnesses did not prevent them from performing their duties. But Brooklyn Supreme Court Justice Jack M. Battaglia remanded the case this spring, noting that the Medical Board finding contradicted the conclusion of the Medical Committee. (Chief-Leader, by AAri Pual, Oct. 26, 2007)
- INHALED STERIODS USED AS PREVENTIVE TREATMENT POST 9/11: Popular Asthma Medication Linked to Respiratory Improvement in NYC Firefighters ... (American College of Chest Physicians (Oct. 24, 2007)
- 9/11 Worker's Kin Rejects Death Ruling ... Hirsch agreed with a New Jersey medical examiner's finding that there was foreign matter in Zadroga's lungs. The New Jersey medical examiner had said the granular material in his lungs was consistent with dust, but Hirsch emphatically ruled out environmental exposure as the cause. Experts say that one alternate medical theory for foreign granular matter in the lungs is a history of intravenous drug injections. In 1981, Hirsch co-wrote a key medical paper on the subject. Zadroga was taking intravenous painkillers and had taken steroids, all prescribed by doctors for his respiratory problems, before his death, Barasch said Friday. He never took drugs that were not prescribed for him, he added. "If the drugs contributed to his death, it makes no difference as far as what our perspective is. He was taking all the medication for all the toxins he inhaled," Barasch said. "This was a squeaky clean New York City detective who was in tip-top shape." ... Gerard Breton, the New Jersey pathologist who performed Zadroga's autopsy, said that Zadroga had inflamed lung tissue, an enlarged heart and material that appeared to be dust in his lungs. ... (AP, by Amy Westfeldt, Oct. 21, 2007)
- PA HOLDING TIGHT TO $650M IN 9/11 WAR .. . The Port Authority is sitting on $650 million in liability insurance that can help settle the claims of sick World Trade Center recovery workers, The Post has learned. The agency's coverage, which officials confirmed last week, would be added to the city's $1 billion insurance fund available to compensate firefighters, cops, construction workers and others who prove they have toxic injuries from Ground Zero. Mayor Bloomberg said last week he's willing to begin settlement talks to end the city's legal war with the 9/11 responders. The Port Authority's release of the insurance money could speed a settlement. "That would go a long way toward helping to resolve this litigation," said Marc Bern, a lawyer for 9,000 city employees and other WTC workers. Lawyers for sick workers blame the city and the Port Authority, which owned the WTC, for alleged safety violations during the cleanup. Labor laws say a landlord must provide a safe place to work. The agency declined to comment, but has argued in court that it did not control the cleanup, which was run by the city's Department of Design and Construction. After 9/11, Congress passed a law capping the Port Authority's liability for damages stemming from the terror attacks at $650 million, its maximum insurance coverage. ... The law capped the city's liability at $350 million, a sum the lawyers contend would also add to the pot. .... (NYPost, by Susan Edelman, Oct. 21, 2007)
- Editorial: Hirsch must explain ... Medical Examiner Dr. Charles Hirsch has rendered a stunning opinion - an opinion that demands detailed explanation - that Detective James Zadroga's death had nothing to do with his service at Ground Zero. Hirsch delivered his finding to Zadroga's family this week in a terse letter whose clinical nature was unnecessarily brutal. He met with the distraught parents yesterday, and all agreed not to discuss it in public. The ME and collaborator Dr. Michele Slone could not have been more emphatic in concluding that Zadroga's lungs were destroyed not by toxins he inhaled working on The Pile, but by another cause: "It is our unequivocal opinion, with certainty beyond doubt, that the foreign material in your son's lungs did not get there as the result of inhaling dust at the World Trade Center or elsewhere." The Zadrogas' lawyer said only that the family rejects Hirsch's opinion as unfounded. So the question becomes: Is he backed by science or by quackery? Full documentation must be opened to inspection so experts can judge the ME's credibility. The historical record deserves nothing less. Zadroga has been the embodiment of the severe respiratory illnesses suffered by rescue and recovery workers who labored at the World Trade Center site. A healthy nonsmoker in his early 30s, he worked for more than 450 hours on The Pile, developing a persistent cough within just a few weeks. Over the next few months, he became short of breath, coughed incessantly and was unable to walk more than 100 feet without gasping. ... "It is with a reasonable degree of medical certainty," wrote the pathologist, Dr. Gerard Breton, "that the cause of death in this case was directly related to the 9/11 incident." An analysis of material in Zadroga's lungs by the Defense Department's Armed Forces Institute of Pathology found talc, cellulose (wood), plastic, carbon, silica and calcium phosphate, which is found in concrete - substances that without question were in the air at Ground Zero. No matter. Hirsch says something else is at work. What that might be will be a matter of unseemly speculation until he explains himself. The Associated Press reported that in 1981 Hirsch wrote a paper linking intravenous drug injections to lung damage. Is that the ME's theory of what killed a hero cop who has no known history of drug abuse? Or might he think prescription medications did Zadroga in? Out with it, Dr. Hirsch. (NYDaily News, Oct, 20, 2007)
- Family in 9/11 Dust Case Visits Medical Examiner ... The family of a New York City police detective who died years after working at ground zero met for several hours yesterday with New York City medical examiners who had concluded that the detective’s death could not be linked to the toxic dust there. Dr. Charles S. Hirsch, the chief medical examiner, sent a letter on Tuesday to Detective James Zadroga’s father, Joseph Zadroga of Little Egg Harbor, N.J., stating “with certainty beyond doubt” that the material found in Detective Zadroga’s lungs “did not get there as the result of inhaling dust at the World Trade Center or elsewhere.” After the meeting, Mr. Zadroga slipped out a side door and drove off without saying anything. The family’s lawyer, Michael Barasch, refused to give any details about the meeting or why the medical examiner had contradicted a New Jersey pathologist who concluded last year that Detective Zadroga’s death was caused by respiratory failure “directly related” to ground zero dust. “Two rational men can disagree,” Mr. Barasch said. “So the family will leave it to the court of public opinion and let the public decide what makes the most sense here.” Ellen Borakove, spokeswoman for the medical examiner’s office, said that Detective Zadroga’s family had asked Dr. Hirsch a few months ago to examine the autopsy report because they wanted Detective Zadroga’s name to be added to the official list of victims of the attack. “Dr. Hirsch gave his personal assurance to the family that he would keep the details of the meeting private and confidential,” Ms. Borakove said. Ms. Borakove said the medical examiner had also done re-examinations for three or four other families of people whose deaths were suspected to be linked to ground zero work, and had rejected such a conclusion for all of them. She said that one other review, still pending, was for Cesar A. Borja, a police officer who died in January of pulmonary fibrosis. His family claimed he had become ill after rushing to ground zero and spending many hours there. But records indicated his exposure to the dust was far more limited. Dr. Gerard Breton, the New Jersey pathologist who conducted the autopsy on Detective Zadroga, said in an interview yesterday that he was not changing his opinion that the detective’s death was linked to his exposure to ground zero dust. Dr. Breton said that after completing the autopsy last year, he did not have access to the sophisticated equipment needed to analyze the tissue samples and sent them to the Armed Forces Institute of Pathology. Dr. Breton said that the institute identified the foreign material from Detective Zadroga’s lungs, and that he concluded the material was consistent with ground zero dust. (NYTimes, by Anthony DePalma, Oct. 20, 2007)
- Editorial: 9/11 should be campaign material .... The Sept. 11 attack was the most significant single event in over half a century and the candidates’ views or record in regard to 9/11 should be central to any national campaign. Giuliani and Clinton played key roles after the attack and any unwritten rule discouraging them from using images to highlight their record is absurd. Clinton’s ad has subdued pictures of her meeting with ground zero workers at the site and points out correctly that she has led the fight for health care for workers suffering from ailments due to their work at the World Trade Center. Clinton has been a strong advocate for Lower Manhattan residents who very well may be suffering health problems as well. Giuliani, as we have said before, has a mixed record on 9/11 issues he ignored residential concerns as mayor and did not pay enough attention to the environmental questions but he certainly should point to the leadership he showed guiding the city through one of its most difficult periods. We would like to see all of the candidates talking about where they stand now because of what happened in 2001. (Downtown Express, October 19 - 25, 2007)
- Sue City For Job-Related Injury Data ... The New York Committee of Occupational Safety and Health is suing the Bloomberg administration for an alleged failure to comply with a Freedom of Information Law request concerning public employee work-related injury and illness data. "A law passed by the City Council two years ago requires all of the agencies to forward information to the Mayor's Office [which] must use part of the information for a public report," said Larry Cary, a NYCOSH attorney, in an e-mail. "NYCOSH sought release of the information not included in the report to better understand what is happening and be able to advocate for risk reduction programs." Couldn't Get Data: On May 7, NYCOSH Executive Director Joel Shufro sent Mayor Bloomberg a FOIL request for all such data sent to his office in the last year. The Mayor's Office responded with a CD that did not have the information Mr. Shufro had requested, Mr. Cary said. The NYCOSH head appealed, but it was denied on June 5 because, as the complaint stated, the "Mayor's Office did not have the records it was required to." NYCOSH filed another FOIL request on June 14, which was denied. In response to NYCOSH's second appeal, Assistant Corporation Counsel Jeffrey Friedlander formally responded July 31, "this office does not receive or maintain a record that contains all the information listed in the provision of law. FOIL does not require that a government agency, in responding to a request, create a record that does not already exist." According to Mr. Cary, city workers filed 14,000 claims last year. The purpose of forcing the city to retain information on worker injuries is so that it can mitigate injury rates in the future. "Our suspicion is that if they don't have the material, they are not abiding by the law," he said. (Chief-Leader, by Ari Pual, Oct. 19, 2007)
- Fiterman leader says we’ve learned from Deutsche ... “I’d like to say that on behalf of all of us involved in the Fiterman Hall project, we were deeply affected by the events in August at Deutsche Bank,” said Iris Weinshall, vice chancellor of planning and construction for the City University of New York, at an Oct. 2 public meeting on the Fiterman project. “The Fiterman Hall project team has taken these events very seriously and has used the information gleaned from the Deutsche Bank building experience as an opportunity to inform our own process.” ... Once the Fiterman plan is approved, it is expected to take about a year to decontaminate and take down the building.... (Downtown Express, October 19 - 25, 2007)
- KIN FIGHT ON IN 9/11 TOXIC WAR ... The parents of fallen NYPD Detective James Zadroga emerged from a meeting with the city's medical examiner yesterday in disagreement with his ruling that their son's death did not stem from his work at Ground Zero, their lawyer said. "We do not agree with the doctor, but there are two medical examiners who have different opinions," said attorney Michael Barasch. The meeting came after Chief Medical Examiner Dr. Charles Hirsch sent the family a letter stating that he did not believe that Zadroga's death from sarcoidosis was "directly related" to his 470 hours of work cleaning up the smoldering pile. The ruling flew in the face of one last year by a New Jersey pathologist. (NYPost, by Matthew Nestel, Oct. 20, 2007)
- Editorial: GAMING GROUND ZERO.... Neither Dr. Charles Hirsch, the city's chief medical examiner, nor the fam ily of James Zadroga was talking publicly yesterday about why the M.E. is convinced "beyond certainty of doubt" that the retired NYPD detective's death last year was not related to his post-9/11 rescue work at Ground Zero. But Hirsch's unambigious findings - made at the request of Zadroga's family, it should be noted - only underscore why the city can't automatically presume that any and all illnesses of ex-Ground Zero workers are 9/11-related, no questions asked. Zadroga, recall, was the first rescue worker whose death was officially linked to dust he'd inhaled at Ground Zero. A retired pathologist who'd worked for the Ocean County (N.J.) medical examiner conducted an autopsy and determined "with a reasonable degree of medical certainty" that Zadroa's respiratory failure was "directly related to the 9/11 incident." This assertion unleashed an emotional flood that led federal and city officials to commit to billions in medical care for those claiming 9/11-related illnesses. ... Zadroga's union charged that Hirsch's report was meant to lessen the city's liability in lawsuits. But Zadroga's family has not sued - and the M.E. has certified one case, that of bystander Felicia Dunn-Jones, to have been 9/11-related. But - like the earlier case of Officer Cesar Borja, whose death was blamed in bogus news stories on 9/11 dust he'd inhaled, until it was discovered that he'd only worked near Ground Zero, and then not until well after the plume had cleared - it reinforces the need to scrutinize each and every such claim individually. Neither the city nor the feds can presume that all Ground Zero workers are entitled to benefits and fully subsidized health care whenever any illness develops - on the unproven assumption that it must be 9/11-related. Those who were physically injured on 9/11 and its aftermath - especially the first-responders - deserve all the help that America can offer. But those who hope to game the system - even if they sincerely believe, without proof, that their illness is 9/11-related - cannot be allowed to get away with it. (NYPost, Oct. 20, 2007)
- WTC DUST DIDN'T KILL HERO: M.E. ... In a shocking conclusion, the city medical examiner yesterday said the death of a 34-year-old police detective from lung disease was not related to his weeks of work at Ground Zero. This despite the fact that an Ocean County, N.J. medical examiner had already ruled that Detective James Zadroga's untimely death from sarcoidosis in January 2006 was "directly related" to his 470 hours of work cleaning up the World Trade Center site. The conclusion of the autopsy conducted in New Jersey marked the first time that Ground Zero clean-up work had officially been linked to a death But in a letter to Zadroga's parents, New York City Chief Medical Examiner Charles Hirsch wrote, "It is our unequivocal opinion, with certainty beyond doubt, that the foreign material in your son's lungs did not get there as the result of inhaling dust at the World Trade Center or elsewhere." Joseph Zadroga said he was stunned at the letter's callousness - but not surprised at the new finding. "We were always leery to send anything to New York because this is exactly what we thought they would say," Zadroga told The Post. "[The city] never really admitted that he died from the World Trade Center. They gave him such a hard time about his illness - they gave his wife such a hard time, she died of the stress." James Zadroga's wife, Ronda, 29, died of a heart ailment in 2004 while in Florida, forcing him to move in with his parents, since he was too sick to take care of his daughter, who is now 5. Joseph Zadroga said, "I am mad, not just for myself, but for this little girl. Almost every day, she asks me, 'Why did my mommy and daddy have to die? Why did my daddy have to go there?' We tell her because he's a hero, but here we have the City of New York saying he didn't die because of that." Earlier this year, at the encouragement of U.S. Rep. Carolyn Maloney, James Zadroga's parents sent the city tissue samples and records from the New Jersey autopsy in an attempt to get him put on the official list of Sept. 11 victims. The latest finding enraged NYPD detectives' union President Michael Palladino, who pointed out that the city is facing a class-action lawsuit from about 10,000 Ground Zero workers who have similar lung illnesses. "I think this is a mean-spirited attempt to get another bite of the apple, and out from under their obligation, right as these lawsuits are pending," Palladino said. The Zadrogas are set to meet with the medical examiner today for more details. (NYPost, by Hasani Gitten, Oct. 19, 2007)
- Medical examiner rules 9/11 cop did not die from WTC exposure ... Mayor Michael Bloomberg distanced himself from Hirsch's office in a statement Thursday, saying the independent agency made its own decisions. The city is defending itself in a lawsuit filed by thousands of workers who say they were not properly protected from the dust. Bloomberg has also lobbied the federal government for millions of dollars to treat and monitor the ailing workers. The medical examiner's "determination in this case does nothing to change New York City's commitment to make sure that all who were affected by 9/11 get the health care they need," Bloomberg said. Michael Palladino, president of Zadroga's union, suggested the ruling was related to the ongoing lawsuits against the city. "I'm shocked and appalled that the medical examiner's office would send a letter to Mr. Zadroga, and stating that their unequivocal opinion, with certainty, beyond doubt, is that he didn't die from the World Trade Center, when in fact they can't tell me what he died from," he said. "I don't trust it."... (CNN, Oct. 19, 2007)
- Rejecting ’06 Finding, Report Says Detective Didn’t Die From 9/11 Dust ... The father said his family wanted no money from the city, only a recognition he had died of sarcoidosis a lung-scarring disease caused by ground zero dust.He added, however, that the city’s finding had not been unexpected. “We knew the city was going to say this,” Mr. Zadroga said. “They’ve been lying since Jimmy got sick. They’ve been lying about all these W.T.C. people getting sick. They would never admit that Jimmy got sick. They treated him like a dog all those years.” Representative Carolyn B. Maloney, of Manhattan and Queens, said in a statement that if Dr. Hirsch was certain that the material in the detective’s lungs was not caused by trade center dust “then it’s incumbent upon the M.E. to tell Mr. Zadroga’s family where he thinks it did come from, and why he thinks that Mr. Zadroga’s W.T.C. exposures did not contribute to his death.” Mayor Bloomberg said the medical examiner’s finding “does nothing to change New York City’s commitment to make sure that all who were affected by 9/11 get the health care they need.” The Associated Press reported on the medical examiner’s letter yesterday. The highly decorated detective, who died in January 2006 at the age of 34, did not smoke and had no history of asthma, and his family has long believed that his 450 grueling hours of work at ground zero had left his lungs fatally scarred with toxic chemicals, fiberglass and pulverized concrete. ... (NYTims, by Robert D. McFadden, Oct. 19, 2007)
- The Stafford Act: Priorities for Reform ... The report examines how the Stafford Act, the key legislation that dictates the federal government’s response to disasters, actually functions following federally declared disaster events and calls for reform around many of the key tenants of the Act. .... (NYU Center for Catastophe Preparedness & Response, Oct. 28, 2007)
- WTC workers: Payout won't solve health care needs ... In 2004, Congress appropriated $1 billion to establish the World Trade Center Captive Insurance Co. for claims arising from debris removal. Not a victims' compensation fund, the insurance company provides the city, agencies and contractors with an insurance policy against lawsuits. However, almost none of the money has been paid out. Glen Klein of Centereach, a former New York Police Department officer who did rescue and recovery work at the World Trade Center site and now suffers from respiratory and stomach problems, said he would welcome any money, but added that it would not take the place of continuing medical treatment. "There's no amount of money that's going to make me say 'I'm happy. I'll take care of myself,'" he said. "We took care of the city and now it needs to take care of us." Anne Marie Baumann of Lindenhurst, whose husband is a former NYPD officer who now has respiratory and heart problems, agreed. "It's great, it's wonderful, but they really need medical attention. It's not going away," she said. John Feal, a first responder and head of FealGood Foundation, which advocates for World Trade Center responders and workers, said he was worried some might be too eager to accept any offer. "A lot of these guys haven't worked in six years," he said. Rep. Carolyn Maloney (D-Manhattan) said she has long held that the $1 billion should be made available. But she said a bill she introduced last month to reopen the Victims Compensation Fund should be passed. Eric Bederman, a spokesman for Sen. Hillary Rodham Clinton (D-N.Y.), called the talks "a sign of moving closer" to giving workers the help they need. (NYNewsday, by Ridgely Ochs & Matthew Chayes, Oct. 17, 2007)
- Heroes need better deal ... But, as predicted, the numbers are obscene. The city has $1 billion to pay settlements, money allocated by Congress. It sounds like plenty, but it's not. The lawyers are claiming 40% of the pot - an astonishing $400 million - leaving $600 million to be divided among everyone else. With about 9,000 claimants, the average payout would be some $66,000 per worker, not nearly enough to cover medical bills and lost wages, particularly in the case of deaths. Nothing more starkly proves the point than the large payments issued by the Sept. 11 Victim Compensation Fund, an entity that went out of business before most of the Forgotten Victims of 9/11 realized they were sick. The fund made an average payment of more than $2 million to survivors of people killed in the attack, and an average payment of almost $400,000 to the injured or sick. Lawyers representing responders and city attorneys have been locked in pretrial skirmishing, the city attempting to establish immunity from damages for injuries suffered in an emergency. But the courts have shown little patience for that claim, signaling that it behooves everyone to pay out the $1 billion before, as one judge put it, more people are dead. So the lawyers have begun circling a settlement. This would require approval from most of the 9,000 people in the suits. They may think settling makes more sense than years of litigation whose only certainty is higher legal fees. That's purely their decision. But it still stinks. After 9/11, the city estimated damage claims could run to $2 billion. But no one put up that much cash; the city's own liability was capped by Congress, and even the responders' lawyers now seem to believe that pursuing the contractors would only drive upstanding businesses into bankruptcy. .... (NYDaily News Editorial, Oct. 17, 2007)
- City talking billion-dollar settlement with sick 9/11 workers ... The city wants to cut a billion-dollar deal with 9,000 Ground Zero workers who blame their lingering illnesses on toxins they inhaled at The Pile, the Daily News has learned. Thousands who've signed on to a federal class-action suit received a six-page letter from their lawyer last week, asking permission to negotiate with the city on the terms of an expected payout. "The City of New York and the contractors have indicated that they want to negotiate a global or aggregate settlement on behalf of all our WTC clients," reads the letter from lawyer Marc Bern. The letter lays out the pros and cons of signing a deal, including taking a lesser payout now to avoid a decades-long legal battle. Previously, the city has shown little interest in talking settlement and has attacked the plaintiffs' claims in Federal Court. The city and its contractors have been unsuccessful in trying to get a federal judge to toss out the claims before they go to trial. Yesterday, both sides declined to discuss the letter, citing a confidentiality order. Bern's clients have until the end of the month to decide whether to give him permission to begin settlement talks for them. Those who don't can continue their own litigation, but there's a good chance that Bern's firm won't handle their case. "If we receive an aggregate settlement offer from the defendants, it will be up to you and our other clients to accept or reject the offer and, if you accept it, to agree on how the [money] would be divided," Bern wrote. "The defendants would have nothing to do with that decision." Victim advocates are skeptical the $1 billion in federal insurance will be enough to cover care for the long-term respiratory illnesses of thousands of people, not to mention compensate the families of more than 150 who blame their loved ones' deaths on work at Ground Zero. "If you do the math, it's not that handsome a settlement for the 9/11 responders," said John Feal, a responder and Ground Zero activist. Feal said he has talked to 25 people who've signed on to the suit and 22 who say they will give Bern's firm permission to talk settlement. Their only other option would be to go on their own for a settlement that could take decades, Feal added. Many suffer from respiratory ailments they link to arsenic, asbestos and other toxins released into the air after the towers fell Sept. 11, 2001. Kenneth Feinberg, the lawyer who administered the September 11 Victim Compensation Fund, has pegged the cost of settling the suit at $1.5 billion. Feinberg's fund shut down after doling out $7 billion to compensate the families of those who were killed or those injured in the attacks.He recently voiced support for reopening the fund to sick workers shut out because their illnesses had yet to manifest themselves. (NYDaily News, by Thomas Zambit, Oct. 16, 2007)
- City To Talk With Sick World Trade Center Workers ... Mayor Michael Bloomberg said Tuesday that the city is ready sit down and talk with the 9,000 workers who have filed a class action suit claiming they became sick because of toxic dust at the World Trade Center site. In the past, the city had unsuccessfully tried to get the class action suit thrown out, but Tuesday, there was a report that a letter was sent to the plaintiffs regarding negotiations. The mayor confirmed that but said not to read to much into it. "We are not making any offers. I can only tell you this: every time you get sued you always take a look and see whether there is a way to come to a settlement which would be in everybody's interest,” said Bloomberg.(NY1, Oct. 16, 2007)
- DEUTSCHE DEMOLITION DERBY ... Six companies are vying for the contract to finish demolishing the former Deutsche Bank building, allaying fears that no company would want to touch the seemingly cursed project, The Post has learned. Among the bidders is Gramercy Wrecking and Environmental, a Westbury, L.I., company that's been doing repairs on the problem-plagued tower since an Aug. 18 inferno there killed two firefighters. Other likely bidders, sources say, include LVI Environmental, which had previously bid on the project, and a joint venture between Pinnacle Environmental and P.A.L. Environmental Safety, which is demolishing nearby Fiterman Hall. The Massachusetts-based Testa Corp. is also in the running. On Aug. 21, Mayor Bloomberg said, "When we went out for contractors to perform this work, there was only one willing to take [it] on." Actually, 14 firms had expressed interest in the project to the general contractor, Bovis Lend Lease, in early 2006. But 13 dropped out or were rejected, leaving the relatively inexperienced John Galt Corp. with the $60 million job. The Lower Manhattan Development Corp., the state agency that owns the site, wants to resume demolition next month. (NYPost, by Chuck Bennett, Oct. 16. 2007)
- Mayor Bloomberg: No deal making for sickened 9/11 workers ... Mayor Bloomberg warned on Tuesday that "we aren't making any deals" with Ground Zero workers who blame their sickness on toxins they inhaled at The Pile - yet. "Any time you get sued, you always take a look at whether there is a way to come to a settlement which would be in everybody's interest," he said. "There is no reason to think that we can come to a settlement or reason to believe we can't come to a settlement. ...We are just going to talk and explore." The Daily News reported yesterday that thousands of sick 9/11 responders who joined a federal suit received a letter from their lawyer asking for permission to negotiate a payout. Settlement talk is an about-face for the administration, which repeatedly tried to get the case tossed out. The cost of settling the suit could hit $1.5 billion, said Kenneth Feinberg, who oversaw the Sept. 11 Victim Compensation Fund. Marvin Bethea, a paramedic who suffers from respiratory illnesses he attributes to his work, said: "I guarantee you that this money is going to go in one hand and out the other because so many of these people are already in debt."Meanwhile, Bloomberg vowed to keep pressuring Washington to come up with cash to aid ailing Sept. 11 responders. "We need federal moneys to take care of an obligation that the city really cannot handle, and we need that money now," he said. (NYDaily News, Oct. 16, 2007)
- BUILDING BIG EYED IN DEUTSCHE BLAZE ... Criminal investigators probing the deadly Deutsche Bank fire are taking a hard look at a former top downtown development official, The Post has learned. Law-enforcement sources say Charlie Maikish, the former chief of the Lower Manhattan Construction Command Center, is the man who can answer many questions about what went wrong during the demolition of the 9/11-scarred tower. Two firefighters were killed trying to put out an August 18 blaze in hellish conditions complicated by numerous safety violations, such as blocked stairwells and a dismantled standpipe that was supposed to bring water to their hoses. "He has responsibility for being the guy in charge," a law-enforcement source said of Maikish. "The LMCCC should have been on top of this." The Manhattan district attorney has launched a criminal investigation into the fire and has subpoenaed documents from the Lower Manhattan Development Corp., contractors Bovis Lend Lease and the John Galt Corp., and the FDNY, among others. Maikish, a former director of the World Trade Center, was appointed by then-Gov. Pataki in 2005 to lead the newly formed LMCCC to coordinate the 60 ongoing construction projects downtown. Then, late in 2006, day-to-day management of the Deutsche Bank demo job was handed to Maikish. A Maikish spokesman says he has not been asked to speak to the DA's office. He protested that he was too understaffed to "safely or efficiently" manage the project and that his team members "have been repeatedly denied resources" in a May 25 internal memo sent to Avi Schick, chairman of the Lower Manhattan Development Corp. Schick has denied receiving the memo although Maikish insists it was hand-delivered. "He doesn't want to be blamed," the law-enforcement source said of Maikish. Investigators are also hoping to find out if Maikish decided against first decontaminating the building and then demolishing it in favor of doing both simultaneously. "It was totally Maikish's decision to go five floors at a time," said a source involved with the demolition project who added there was a lot of debate on how to tear down the building. "He was the czar. He was all-powerful." That decision was made sometime in the fall of 2005, soon after Bovis Lend Lease took over the demolition, the source said. The previous contractor, Gilbane Building Co., which also proposed simultaneous deconstruction and demolition, had dropped out of the project because of its complexity. "The means and methods to take down the buildings were determined by the LMDC long before Mr. Maikish got involved. It was LMDC's call," said Maikish's spokesman, Ken Frydman. "Mr. Maikish had no say in the matter. The LMDC dealt with regulators and planned the job." By contrast, the 15-story Fiterman Hall on 30 West Broadway, which was also severely damaged on 9/11, will first be decontaminated and then deconstructed. (NYPost, by Dareh Gregorian & Chuck Bennett, Oct. 15, 2007)
- GROUND ZERO COLLEGE HALL TO FINALLY COME DOWN ... nother ugly reminder of 9/11 is about to come down, officials said. State officials are finalizing plans to tear down Fiterman Hall, a 15-story Borough of Manhattan Community College classroom complex on 30 West Broadway that was irreparably damaged by debris and toxic dust in the collapse of 7 World Trade Center. Although a timetable has not been announced, the state Dormitory Authority, which is managing the project, should finalize a demolition plan by the end of the month, officials say. All that is left is approval by the Environmental Protection Agency. In the wake of the Aug. 18 Deutsche Bank blaze, safety is top priority, said Marc Violette, a Dormitory Authority spokesman. Inspectors from the FDNY have already made 21 visits to the site. The Long Island City-based PAL Environmental Safety Corp. received the $16.3 million contract to decontaminate the building and deconstruct it. It previously cleaned and demolished 4 Albany Street, a four-story building that was contaminated by toxic dust. The company has come under the scrutiny of regulators. In 2005, it paid a $10,000 fine for illegally dumping toxic debris removed from the Deutsche Bank building. Sal DiLorenzo, president of PAL Environmental, did not return calls for comment. ... (NYPost, by Chuck Bennett, Oct. 15, 2007)
- CONTRACTOR IN TRAGIC DEUTSCHE BOTCH: GIVE US $19M ... The scandal-scarred subcontractor fired from the Deutsche Bank demolition job after two firefighters died in an August fire is demanding to be paid $19.6 million for the work, according to a new lawsuit. The John Galt Corp. filed suit in Manhattan Supreme Court last week against the bond companies for the general contractor overseeing the demolition, Bovis Lend Lease. "John Galt fully performed all the work and furnished all of the labor, material, and equipment requested by Bovis," according to the suit. On Aug. 18, Firefighters Robert Beddia and Joseph Graffagnino died on the 14th floor of the bank building after they ran low on air and became overwhelmed in the thick smoke. Fire investigators found that Galt workers had cut a standpipe critical to the building's sprinkler system, preventing water from reaching the fire. The Manhattan District Attorney's Office has launched a wide-ranging criminal probe and has executed search warrants at the office of the Lower Manhattan Development Corp., Bovis and Galt. Questions have also arisen as to why Galt was given the job. The company had little demolition experience and close ties to Safeway Environmental, which is run by an alleged Gambino family associate. And despite specific rules forbidding it, on-site smoking - the cause of the deadly blaze - was said to be routine. In addition, five days after the inferno, two more of New York's bravest were injured when a Galt employee dropped a 300-pound pallet jack from the building's 23rd floor. The company claims the value of the work was about $74 million. Bovis and its bond company refused to comment on the litigation. (NYPost, by Janon Fisher, Oct. 14, 2007)
- Manhattan: Bank Dismantling to Resume ... (NYTimes/AP, Oct. 12, 2007)
- 'DEUTSCHE' DOOM NEAR ... The embattled head of the Lower Manhattan Development Corp. said yesterday he expects demolition of the ill-fated Deutsche Bank building to resume next month. "We hope the deconstruction will resume at the beginning of November," Avi Schick, chairman of the state agency tasked with overseeing the complex project, said after speaking at a Crain's New York breakfast forum. "We will remove this last ugly vestige and reminder of Sept. 11th." All abatement and demolition at the dust-contaminated building has been on hold since an Aug. 18 blaze there killed firefighters Robert Beddia and Joseph Graffagnino. Before any work can resume on the high-rise at 130 Liberty St., Bovis Lend Lease, which remains the lead contractor, has to pick a new subcontractor. A source close to the project said there are two or three finalists, but those companies still must be vetted by the city's Department of Investigation. Then an attack plan has to be finalized on how to bring down the remaining 26 floors of the tower. Before the fire, Bovis was simultaneously decontaminating and deconstructing the tower. The company may now opt to first decontaminate the entire building, then tear it down, which will require a new round of approvals by the federal Environmental Protection Agency, among other agencies. Delays in tearing down the blighted building, which was supposed to have been demolished by the end of this year, are impacting the timelines of other redevelopment projects. .... The Manhattan district attorney has launched a wide-ranging criminal probe and has executed search warrants at the offices of the LMDC, Bovis and John Galt. The federal Occupational Safety and Health Administration did a surprise inspection at the site on Aug. 24, and found no violations, records show. (NYPost, by Chuck Bennett, Oct. 12, 2007)
- KICKING ASH SINCE DEUTSCHE ... The unprecedented sweep by fire marshals and the city's Department of Investigation netted 35 business owners, building owners and employees. "Business and building owners who think they can ignore fire safety rules had better think twice, because we will hold them accountable under the law," said Fire Commissioner Nicholas Scoppetta. Scoppetta has been a focal point of criticism in the wake of the Deutsche Bank blaze. The high-rise, which was under demolition, had a litany of serious fire-code violations but was never properly inspected by the FDNY. But officials yesterday said the code-violation sweep began before the fire near Ground Zero, which killed two firefighters on Aug. 18. In July, fire marshals and city inspectors began arresting people on bench warrants. To date, 12 people have been fined $9,850 for a slew of violations ranging from broken fire alarms, broken sprinklers and blocked exits to operating businesses without proper permits, according to the Department of Investigation. Individual fines range from $100 to $3,500. The FDNY also said there are hundreds of additional people in the city who have ignored summonses related to fire-code violations. These scofflaws may be picked up at any time - at work or at home - to answer before a judge why they never answered a summons for the violations. Separate from the sweep, the Fire Department has also engaged in a blitz of inspections at construction sites throughout the city since the Deutsche Bank fire. Nearly 500 sites were inspected, resulting in 122 violations as of last week. That is almost double the typical rate. All buildings under construction or demolition are supposed to be inspected every 15 days. And the Department of Buildings has issued 27 stop-work orders between the Deutsche Bank fire and last week. By comparison, 67 such orders were issued between January and the Deutsche fire. (NYPost, Oct. 11, 2007)
- Dad: We'll Get Culprits ... The father of a firefighter killed in the Deutsche Bank blaze near Ground Zero says investigators have not yet found who's responsible for his son's death, but he's confident they'll determine who's to blame for failing to enforce safety rules. "There are so many errors that took place that nobody's being held responsible for," said Joseph Graffagnino Sr., whose namesake son was one of two firefighters killed in the Aug. 18 blaze. "I think it's going to come out, but it's going to take time," he added. "It's difficult because it's such a many-fronted investigation . . . (NYPost, Oct. 11, 2007)
- Dismantling of WTC tower in deadly fire planned to resume in Nov. ... Schick said the multiple investigations by Manhattan prosecutors and others looking into the cause of the fire and the oversight of the building wouldn't slow down plans to take down the tower. .... (NYNewsday/AP, Oct. 11, 2007)
- Every little bit hurts... In 1976, W.R. Grace & Co. convinced the Environmental Protection Agency (EPA) to consider products containing less than one percent asbestos as non-asbestos containing products. What became known as the “Grace rule” allowed the company to continue selling Monokote, a fireproofing spray used in the construction of many U.S. buildings, including the World Trade Center. It also promulgated the asbestos industry assertion that asbestos is dangerous only in high quantities, even as some branches of the EPA declared it unsafe at any level. But now, according to a story in New Jersey-based newspaper The Times of Trenton, a Government Accountability Office (GAO) report being released later this week will declare the Grace rule is based on an “arbitrary number” and that even low concentrations of asbestos can be harmful. When EPA first began cleaning up the asbestos left in Libby by W.R. Grace vermiculite mining, it adopted the stance that asbestos was unsafe at any level. But, when the World Trade Center buildings fell shortly after the Libby cleanup began, the Grace rule was embraced by the EPA as the standard for safe levels of exposure in Manhattan. W.R. Grace seized on the discrepancy between the Libby and Manhattan cleanups to argue that the one percent rule, if it was good enough in Manhattan, should be good enough in Libby. Grace’s argument seemed to work. The company sent letters to former EPA Chief Christine Todd Whitman pointing out the discrepancy. And, according Libby resident Gordon Sullivan, who once served as a liaison between the EPA and the town, the cleanup plan there went from the EPA removing all asbestos to “You clean it up.” The EPA distributed brochures to all mailboxes in Libby telling residents that it was okay to clean up asbestos with a HEPA vacuum cleaner and a wet rag, which is exactly what the agency was telling Manhattan residents to do. The EPA eventually withdrew the brochures in Libby after citizen complaints, but never backed off the Grace rule in Manhattan. The GAO report will likely provide ammunition to activists in Manhattan, and other places where Libby asbestos was sent, to demand stringent cleanup standards. (Missoulanews, by Paul Peters, 10/11/07)
- Ground Zero fire, deaths, spur questions ... Another factor contributing to the tragedy may have been subcontracting the demolition “on the cheap” to the John Galt Corp., an entity made up of executives of Safeway Environmental, a company criticized by New York City investigators because of ties to organized crime. The John Galt Corp. also has ties to Bloomberg’s administration. Another subcontractor, North American Site Developers, Inc., indicated that it withdrew from the project after its president got an anonymous telephone threat. The New York Daily News reports that state officials knew all along that yet another company, Rapid Demolition, with a history of worksite fires, was actually working on the demolition under subcontract to Safeway Environmental. John Galt Corp. has since been fired. Although the fire released toxic contaminants into the air of lower Manhattan, Bloomberg and city officials quickly gave an all-clear on air safety. ... Many say the main driving motive in this continuing drama has been the profits to be made from some of the world’s most valuable real estate. The scramble to get at least some part of the profits and the uncertainties of the real estate market, with the threat of a big downturn in the near future, has produced both an unseemly haste to move forward (running roughshod over sensibilities of victims’ families) and protracted struggles for control among city, state and federal agencies and developers (which have slowed down the rebuilding process considerably). .... (PWW, by Bill Davis, Oct. 11, 2007)
- Work on former Deutsche Bank tower to resume next month ... The owner of a condemned ground zero skyscraper says work to take down the building will resume next month. Avi Schick, chairman of the Lower Manhattan Development Corporation, says workers should finish resealing the former Deutsche bank tower later this month. Deconstruction stopped after the Aug. 18 fire that killed two city firefighters. Before the fire, officials had said the building would be taken down by the end of this year. Schick gave no estimate of when it would be finished. Twenty-six floors of the former 40-story building has been taken down. (NYNewsday/AP, Oct. 11, 2007)
- SIX YEARS LATER, DOUBTS HANG IN THE AIR RECENT DEVELOPMENTS STOKE ENVIRONMENTAL CONCERNS; INCIDENCE OF SOME DISEASES JUMPS BETWEEN 12 AND 20 TIMES NORMAL RATES Does the Danger Stop at the Fence? ... “The air is safe to breathe,” then-Environmental Protection Agency chief Christine Todd Whitman told residents of Lower Manhattan one week after September 11, 2001. In the years since, lingering doubts about those words have come to haunt people who labored at Ground Zero as well as those who live and work just outside the fence that still partitions the World Trade Center site from the surrounding streets. Recent developments have served to stoke these fears. In May, the City Medical Examiner ruled that the death of 42-year-old lawyer Felicia Dunn-Jones was directly related to Trade Center toxins. (Ms. Dunn-Jones died five months after 9/11 from sarcoidosis, a disease often associated with exposure to toxic substances.) Her office was a block away from the Trade Center and her only exposure occurred when she ran through the dust cloud generated by the collapsing towers. ... In July, the Uniformed Firefighters Association revealed that more than 100 active or retired firefighters who worked at Ground Zero have developed some kind of cancer since 9/11. Eight have been diagnosed with thyroid cancer, a disease that primarily strikes women. In August, the City’s Department of Health and Mental Hygiene released data from the the World Trade Center Health Registry showing that Ground Zero workers are developing asthma at a rate 12 times higher than the rest of the population. Also in August, the New York Post reported that the federally funded, City-run World Trade Center Captive Insurance Company, which holds more than $1 billion in government funds, paid out over $80 million in legal and administrative fees but disbursed less than $300,000 to Ground Zero workers. Senate Judiciary Committee chair Patrick Leahy and ranking member Arlen Specter have called for hearings to investigate the company’s workings. More than a dozen private insurance companies have announced that they will not honor claims made by sick Ground Zero workers because, they allege, the Captive Insurance Company failed to pass along notification of these claims by the required deadline.(BPC Broadsheet, By Matthew Fenton, Oct. 11 -26, 2007)
- Stress Caused By September 11 Disaster Linked To Low Birth Weights ... She said it was difficult to explain why these later peaks occurred. “It might be directly related to the disaster having occurred early in gestation, perhaps when the foetus was more susceptible to the effects of stress. Another hypothesis is that the Christmas and New Year holiday was a particularly emotional time after the disaster. The increase in very low birth weights (less than 1,500g) 33-36 weeks after September 11th suggests that exposure around the time of conception may also impact birth outcomes, although the exact mechanisms remain unknown.” .... (Science Daily, Oct. 11, 2007)
- Low birthweights linked to 9/11 ... The journal Human Reproduction reported a two-thirds increase in the risk of giving birth to a slightly underweight baby in the week after 9/11. The University of California at Berkeley researchers found it was higher even months later. However, a UK expert said other factors could have played a role. .... The New York study looked at information from more than 1.6 million birth certificates for babies born in the city between 1996 and 2002. They divided the babies into groups depending on how close to Ground Zero their families lived. Months later: Compared to the week leading up to 9/11, the following seven days say a higher risk of babies being born weighing less than 2kg. Normal birthweight is based on a figure of 2.5kg. There was a 67% increase in the risk of a baby weighing between 1.5 and 2kg, and a 44% increase in the chance of a baby weighing less than 1.5kg. In December 2001, the risk of a baby weighing less than 1.5kg was 36% higher than normal, and in January the risk was still 22% higher. The effect was not just confined to the immediate New York City area - in the surrounding areas, or "upstate" New York, the risk of a low birthweight baby was increased by 46% in January 2002. Different stresses: The researchers said that the initial shock of the attacks may have triggered early labour in some women close to the Twin Towers - while longer-term stresses for women across the whole of New York State may also have interfered with the pregnancy. Professor Brenda Eskenazi, who led the study, said: "We think the increased incidence in low birth weights is mainly due to stress-initiated early deliveries. "We observed immediate effects in New York City, but long-term effects both in the city and upstate. "This may indicate that higher levels of stress are necessary to induce acute effects on birth outcome, but that, in the longer term, women in both locations suffered stress as a result of the disaster and this is reflected in the later peaks in low birth weights." Dr Virginia Beckett, a spokesman for the Royal College of Obstetricians and Gynaecologists, described the study as "interesting." But she said it was hard to draw any firm conclusions without knowing the week in pregnancy each baby was born - and whether they had been born naturally, induced, or by caesarean section. She said: "I don't think we fully understand the effects of stress on pregnancy - although we know that babies can respond to levels of the stress hormone cortisol in the mother's bloodstream." Professor Andrew Shennan, a consultant obstetrician with the charity Tommy's , said that stress might not be having a direct effect on the foetus or the mother. He said: "It's possible that some of these early births are due to decisions by doctors to deliver early. They may be intervening because of anxieties on the part of the mother. "It's difficult to determine the precise effect of stress on the pregnancy." (BBC, Oct. 10, 2007)
- Unions Accuse Fire Officials of Hindering Deutsche Bank Inquiry ... The dispute over responsibility for the Aug. 18 fire and the circumstances that led to the deaths of the firefighters, Robert Beddia and Joseph Graffagnino, involves a diverse group of entities. The subcontractor hired for the demolition was an organization made up of executives from one company without the requisite experience and two officials from another company under scrutiny by city investigators. The Lower Manhattan Development Corporation, which owns the building, allowed its construction manager, Bovis Lend Lease, to hire the subcontractor, the John Galt Corporation. Fire Department officials say the development corporation did not share a plan for emergency escape from the bank building with fire officials. Even within the Fire Department there have been bitter recriminations between the fire commanders, who the Bloomberg administration has said failed to inspect the bank building properly, as required, and the department’s top brass, who the fire unions have maintained should have been aware that the building was not being inspected. ... (NYTimes, by Al Baker, October 10, 2007)
- WTC's Toxic Dust Still Raising Health Concerns in NYC ... Today NYC offers a few programs for victims of the aftermath. They can either consult with one of the member centers of the New York State Occupational Health Clinic Network or contact the World Trade Center Health Effects Treatment Program. The programs offer medical testing and treatments, along with counseling to the workers and volunteers who suffer health problems as a result of their work at the WTC. The treatments are provided free of charge if the patient can prove their health issues correlate directly to the WTC site. However, not all of the WTC symptoms have not been discovered by health officials. Names like "World Trade Center cough" has been used around within the city and in hospitals. (PACE by Valeriya Ivanova, News Release, 10/10/07)
- COMMISSIONER FOR LIFE ... Mayor Bloomberg yesterday granted Fire Commissioner Nicholas Scoppetta permanent tenure. "You can rest assured that Nick Scoppetta will be our fire commissioner from now for the next 812-odd days," Bloomberg vowed. Fine. Mike's mayor; that's his right. ... (NYPost, Oct. 10, 2007)
- UNION CRIES DEUTSCHE COVERUP ... FDNY officials are trying to thwart the investigation into the deadly Deutsche Bank building blaze by telling chiefs to stop sending e-mails about the high-rise blaze, union officials charged yesterday. "They have participated in a coverup of the facts," said Uniformed Firefighters Association President Steve Cassidy. "The New York City Fire Department leadership, Chief Cassano, and others have made it clear they do not want the truth to come out." Cassidy said FDNY officials have told chiefs to communicate only verbally to avoid any paper trail that could implicate the department in the chain of events leading up to the Aug. 18 high-rise inferno in which two firefighters died near Ground Zero. Department officials denied the accusation. ... (NYPost, by Patrick Gallhue and Chuck Bennett, Oct. 10, 2007)
- City's Fire Unions Accuse FDNY Of Cover-Up At Deutsche Bank Building ... The Fire Commissioner says allegations that the FDNY is hindering the investigation of the fire at the former Deutsche Bank Building are just not true. The unions for firefighters and officers claim Fire Commissioner Nicholas Scoppetta and his staff have given specific orders about what to look into and what to avoid. Union officials also say MetroTech is covering up anything that proves it was aware of the building's violations. They also say the three officers who have been re-assigned are scapegoats for the administration. .... (NY1, Oct. 9, 2007)
- Can't Get Expenses Paid: 'Face' of 9/11 Ills Goes Unrecognized ... A lot of New Yorkers recognize Ivonne Sanchez's face, as it appears on Spanish-language posters in subway cars encouraging 9/11 first-responders to file for Workers' Compensation. Ironically, the retired Emergency Medical Technician who toiled at Ground Zero is having trouble getting the Law Department to pay for her own medical expenses. ... Ms. Sanchez is just one of many past and present Emergency Medical Service workers who find that their doctors don't get the bills paid by the Law Department or can't get medical authorization in a speedy fashion. Tony Vanaria, a retired Paramedic who suffers from post-traumatic stress disorder as a result of working in a morgue after 9/11, has faced similar frustrations. "[He] is having a problem whereas the medical bills the Judge ordered paid, the NYC Law Department is refusing to pay," Marianne Pizzitola, president of the Uniformed FDNY EMS Retirees Association, said in an e-mail. "Tony gave the Judge a printout of all his medication. The Law Department told him they will not accept that as he could have printed it out himself." Law Department officials noted that many doctors' bills go unpaid for legitimate reasons, and doctors may take the department to arbitration. Claims Overcharges: "Doctors submit a bill and we respond by either paying it or objecting to it," said John Sweeney, the Chief of the Law Department's Workers' Compensation Division. "It's not uncommon to bill in excess, because it's not consistent with the fee schedule." Ms. Pizzitola and Thomas Eppinger, the president of Local 3621 of District Council 37, which represents EMS officers, testified Sept. 24 about these problems to the City Council's Health and Civil Service and Labor Committees. "EMS always fell through the cracks in my opinion," said Joseph Addabbo, the Civil Service and Labor Committee Chairman. "The bottom line is, it seems like although they're under the auspices of FDNY, in practice, when it comes to this issue of treating workers for 9/11, they seem to not be considered FDNY, and that obviously concerns me." ... (The Cheif-Leader, by Ari Paul, Oct. 12, 2007)
- THE MEANING OF 9/11 ... With a more than 30-point lead among Democrats, Clinton seems ever more likely to win her party's nomination. Giuliani's fate is less clear, though he remains a leader among GOP contenders. .... (NYPost Editorial, Oct. 8, 2007)
- Morgy’s Deutsche probe will not stop at crimes ... Any officials guilty of wrongdoing, but not crimes, in the deadly Aug. 18 Deutsche Bank fire, will be rebuked by District Attorney Robert Morgenthau, a source briefed on the investigation said. Morgenthau’s prosecutors are focused on possible crimes committed by contractors and government officials involved with the Deutsche demolition and fire, but the D.A. also plans to issue a public report outlining any other misdeeds, the source told Downtown Express. He spoke on the condition of anonymity because the investigation is continuing.“No stone will go unturned,” he said, adding that the city’s efforts to talk to witnesses first has raised prosecutors’ ire, but it will not block their investigation. The report will be akin to D.A. reports on police shootings, he added. It likely will be some time before it is released because it will follow the criminal probe. Fire investigators have concluded the blaze was started by a cigarette and that smoking was not uncommon in the building, even though it contained combustible materials and there was a no smoking rule. The building’s standpipe was broken and had not been tested in over a decade, leaving firefighters without a source of water. Numerous federal, state and city agencies were responsible for overseeing the demolition and it is owned by the Lower Manhattan Development Corp., a federally-funded public authority that is under the effective control of the governor. .... Prior to the fire, L.M.D.C. officials had repeatedly assured residents the demolition would proceed safely. Over the years, Community Board 1, environmental activists and local politicians raised concerns over many aspects of the project including the L.M.D.C.’s hiring of a contractor with alleged mob ties, John Galt Corp.; falling debris from the building; and fire safety violations. At the end of last year, the L.M.D.C. passed direct supervision of the Deutsche building to its subsidiary, the Lower Manhattan Construction Command Center and it has taken it back since the fire. Last week, it was revealed that Charles Maikish, the former executive director of the Construction Center, wrote a memo in May warning L.M.D.C. Chairperson Avi Schick that Maikish did not have enough staff to properly supervise the project. The memo was written soon after a 15-foot pipe fell off the building and crashed through the next-door firehouse, injuring two firefighters slightly. Errol Cockfield, Schick’s spokesperson, said the L.M.D.C. has no record that anyone ever received Maikish’s memo. But Maikish’s concerns about the project were not confined to a private memo. In June, he told C.B. 1 members that the push to speed up the demolition led to the pipe crash. “When you change the routine, that’s when things can go awry,” he said then. Downtown Express published a page 1 article about the meeting headlined “Deutsche rush led to mishap, official admits.” Maikish left the center and his spokesperson declined to comment. On Wednesday, the New York Times reported that Galt prepared a fire emergency plan, that was given to the L.M.D.C., but the development corporation never passed on the information to the fire department. Because of the building’s toxic chemicals in the building, the stairways were blocked with plywood and the emergency trap doors were unsafe for firefighters, the Times reported. Cockfield, the L.M.D.C., spokesperson, declined to comment on why the fire safety plan was never given to the fire department. (Downtown Express, By Josh Rogers, October 5 - 11 2007)
- Reporter's Notebook: City hires 9/11 pediatrician; W.T.C. work hours expand .... Community Board 1’s monthly World Trade Center Committee meeting once again highlighted a mix of problems and progress in the rebuilding effort. On the positive side, the city’s new W.T.C. Health “czar,” Jeffrey Hon, announced that the city has just hired a pediatrician to focus on 9/11 health issues and will soon be funding more studies on residents’ post-9/11 health. ... Following the announcement that the city would contribute additional funding to expand the free Bellevue Hospital W.T.C. health clinic, Hon met with the board Monday night to discuss the city’s health initiatives. He announced that a pediatrician is about to join the Bellevue clinic staff something the community has long asked for. In addition, he said, the city’s W.T.C. Medical Working Group is preparing a set of guidelines for treating children who may have 9/11-related health problems. The group is also revising the current adult treatment guidelines and both guides are scheduled to be released in the first half of 2008. With the news that a pediatrician and medical guidelines are on the way, board member Tom Goodkind urged Hon to begin reaching out to the parents of affected children. “It would be nice just to get that ball rolling somehow,” Goodkind said. Hon balked at the suggestion, saying that the city needs to roll out its pediatric services slowly and quietly, otherwise the Bellevue program will not be able to handle the demand. The goal, he said, is to create clear medical guidelines so that children can be treated by their own doctors. After some discussion, Hon agreed to begin contacting local parent organizations and compiling lists of affected children, so the city can do outreach at the proper time. “It will be my responsibility to conduct outreach, but we have to make sure we have all our ducks in a row before we can do that,” Hon said. To seek treatment for a 9/11-related illness, residents and parents can call the Bellevue program at 877-982-0107. .... The money is part of a $100 million pot that also includes $45.9 million for Bellevue and two satellite clinics, $33.5 million for free 9/11-related mental health and substance abuse treatment, and $3.5 million in administrative costs. Ultimately, the city hopes that the federal government will step in to fund treatment, research and victims’ compensation, since 9/11 was, in Mayor Michael Bloomberg’s words, “an attack on America.” The city is also hoping to make the registry data more useful in the future by initiating yet another push for the 71,437 registry members to fill out their follow-up surveys. The follow-ups were released in 2006 and the deadline for responses has been extended several times. So far, roughly 60 percent of registry members have done the follow-up and the deadline is currently set at mid-December. ... (Downtown Express, By Skye H. McFarlane, October 5 - 11 2007)
- FIRE UNIT URGED A TOXIC-TOWER STRATEGY IN '04 ... Firefighters at Ladder Co. 10 were asking FDNY officials to draw up firefighting plans for the toxic Deutsche Bank building nearly three years before the fatal fire that swept through it this summer, The Post has learned. In a Dec. 4, 2004, memo, Ladder 10 Capt. Thomas Engel asked his division commanders to issue "standard operating procedures" for the Ground Zero building at 130 Liberty St. He noted that firefighters were twice called upon to enter the poison-filled structure for emergencies before hazardous-materials units could arrive on the scene. "This SOP should . . . address specific issues as it relates to operations within the building by first-due units prior to the arrival of Haz-Mat," Engel wrote. The memo is one of several sensitive documents that have surfaced since the Aug. 18 deaths of firefighters Joseph Graffagnino and Thomas Beddia at the building. The city recently sent the private lawyer it hired to the Ladder 10 house to make copies of all computer hard drives - even as Manhattan District Attorney Robert Morgenthau conducts a criminal investigation into the blaze. Lawyer Gary Naftalis, accompanied by an FDNY chief, also had an officer at the firehouse generate a report stating all relevant paperwork had been turned over to the city. A Law Department spokeswoman said the move didn't infringe upon the DA's criminal probe. "Counsel for the city was gathering documents that the DA has requested - and is cooperating with the DA's inquiry," she said. An FDNY source said Engel's memo came before the building had been cleared for demolition work, so any procedures would have been outdated by the time the razing began earlier this year. But even after getting Engel's memo - and several others in 2005 from officers in requesting guidelines for the toxic trap - the FDNY didn't issue a standard operating procedure for the building until Aug. 23. That was just a week after the fire, and six years after the 9/11 attacks filled the building with asbestos and other hazardous material. (NYPost, by Ginger Adams Otis, Oct. 7, 2007)
- 9/11 Labor rally: Mourning the dead and fighting for the living .... Standing in the shadow of the re-built 7 World Trade Center, hundreds of unionists rallied Sept. 8 in memory of the 9/11 dead and on behalf of the living. On that hot, sunny Saturday, next to the 16-acre construction site where the Twin Towers once stood, a two-hour procession of workers and labor leaders stepped up to the podium. They cast a harsh light on the treatment of the rescue and recovery workers since the attack six years ago. Politicians lent their voices to the ongoing campaign to win compensation, medical monitoring, and health care for those who are sick as a result of their selfless service. This year, in lieu of a Labor Day parade, the New York City Central Labor Council, the Building Trades Council, and the New York StateAFL-CIO used the 9/11 anniversary to call for the critical attention that must be paid to the living those who are sick and in need of care. DC 37 Executive Director Lillian Roberts addressed the assembled union members and spoke about the mounting toll of injured, ill and dying workers: “I am so proud of the many dedicated DC 37 members who worked at Ground Zero for weeks and months as part of the valiant rescue and recovery effort. Sadly, many now suffer the effects of being exposed to toxins in the air. We now must fear that this could be the beginning of the worst catastrophe of environmental poisoning in our city’s history.”(DC37, by Jane LaTour, October 2007)
- Appeals Court Lets Sept. 11 Suits Resume ... A federal appeals panel on Friday agreed that lawyers can resume their work on behalf of thousands of workers who say they were not properly protected as they cleaned up the World Trade Center site after the 2001 terrorist attacks. The legal work had temporarily stopped while lawyers for New York City and the Port Authority of New York and New Jersey asked the court to give them immunity from nearly 8,000 workers' claims. A three-judge panel of the 2nd U.S. Circuit Court of Appeals said it had not yet decided the immunity issue, but lawyers could resume gathering evidence for trials that might be years away. .... Lawyers said it appeared it could take three to four more years for the lawsuits to reach trial. .... (AP, by Larry Neumeister, Oct. 6, 2007)
- Call Him '9/11 Profiteer': Fire Families Torch Giuliani .... (The Chief, by Ari Paul, Oct. 5, 2007)
- Fiterman Hall Remediation Coming Soon ...With new scaffolding and netting erected this month, Fiterman Hall's remediation is expected to begin soon pending approval by environmental regulators. The update was shared by project officials on October 2nd at a public meeting hosted by the Borough of Manhattan Community College (BMCC). Representatives from the City University of New York (CUNY) and the Dormitory Authority of the State of New York (DASNY), which own Fiterman Hall, spoke to community members alongside consultants from Airtek Environmental and Tishman Construction. CUNY Vice Chancellor Iris Weinshall began the meeting by stating that the Signature Theater would not be part of the new Fiterman Hall. She said that CUNY and other city officials determined that the tower will not be large enough to accommodate the three distinct performing-arts spaces the Signature requires. Weinshall also explained that CUNY expects approval for the year-long project soon from regulators from the Environmental Protection Agency (EPA), state Department of Labor, and other agencies. Meanwhile, air monitoring around the building began in April 2007 and continues, using lessons learned from the 130 Liberty Street project to "inform the Fiterman Hall deconstruction process," she said Airtek Vice President Benn Lewis added that the team may add switches at ground level to instantly shut off the negative air pressure system in the event of a fire or other emergency. Fire-retardant plastic, plywood, and sheetrock also will be used as necessary to seal the building and partition off cleaned areas. Andy Bachman from Tishman Construction said that the building has been made ready for remediation and deconstruction, including use of temporary lighting and signage within the building, as well as marked pathways for clear egress. Unused electrical circuits and wiring have been removed, and elevators are cleaned and operational for use during the cleaning. There are full-time site-safety managers on duty at Fiterman Hall, as well as 24-hour security teams and controlled site access. Independent environmental inspections are regular, as are site-specific worker training sessions and daily safety meetings. The project will be part of the city's pilot program for emergency community notification. The city Office of Emergency Management, also at the meeting, said that notification program planning is underway and should be rolled out soon. Stakeholders will be able to opt-in using their street address, email address, and phone numbers as contact information. Local Community Emergency Response Teams (CERTs) will be integral to the program. .... . (LowerManhattan.info, Oct. 4, 2007)
- Deutsche Bank Fire: Answers Still Elusive ... Ever since the Deutsche Bank building caught fire Aug. 18, burning out of control and killing two firemen, Downtown residents, among others, have demanded to know how the disaster was allowed to happen. But few answers have been forthcoming. The tangle of regulatory agencies, public development corporations and multiple layers of private contractors make those answers hard to come by, and those living near the building are yet to be reassured that the building site will be safer in the future. The Lower Manhattan Development Corporationwhich owns the building and is responsible for its deconstructionannounced on Sept. 18 that work to seal the building was finally beginning, one month after the fire, and would likely take three weeks to complete. It also made a “tentative commitment” to first decontaminate the building before taking the rest of it down. The struggle to get this far illustrates the interagency gridlock that has frustrated residents eager to improve the safety of the building. On August 29, EPA Regional Administrator Alan Steinberg wrote a letter to LMDC Chairman Avi Schick, expressing dismay that 11 days after the fire, the building remained unsealed and open to the elements. Steinberg received no formal response to his letter, and wrote again on Sept. 7 to reiterate his concerns, particularly since he had learned that work had begun on the site without it being sealed and without prior notice to regulators. “I am concerned that these work activities and the implementation methods utilized by the LMDC in this breached building may cause a release of contaminated dust and debris,” Steinberg wrote. As evidence that recommencing work on the building without first resealing it could be risky, Steinberg pointed out that on Aug. 27 and 28, an air monitor mounted on the scaffolding surrounding the building recorded elevated levels of dioxin. The dioxin levels did not exceed the target level (the concentration thought to be dangerous to humans over 30 years of continuous exposure) and was not at all elevated at test sites farther from the building. But Steinberg said the readings showed that working in the Deutsche Bank building without sealing it can lead to the release of dangerous materials. .... On Sept. 18, Community Board 1 issued its formal response to the fire and its aftermath, voting unanimously to adopt an eight-page, 27-item resolution demanding transparency and responsiveness from the LMDC as it hires a new contractor and proceeds with the deconstruction. The resolution also calls for an Emergency Notification and Evacuation Plan to be put in place before demolition proceeds. Recent developments suggest that while progress can be made on the site, the politics that surround it are nearly as labyrinthine as the building itself, and potentially as toxic. The contractor responsible for the work has been fired, but the selection process for its replacement remains mysterious. The dismantled standpipe has been repaired, tested and approved, but details of a fire plan remain sketchy. Following the reassignment of three mid-ranking Fire Department officials pending investigations, the Firefighters Union called the suspended fire officials scapegoats. Real responsibility for the blaze, it said, lies at the top of the department. Attorney General Andrew Cuomo and U.S. District Attorney Robert Morgenthau have launched investigations into the cause of the blaze, prompting City Hall to hire a top-notch defense lawyer and urge firefighters to confer with his team before answering Morgenthau’s questions. ... (Tribeca Trib, by Nick Pinto, Oct. 1, 2007)
- 9/11 Cleaning Workers Battle Illness .... While recovery workers took on the monumental cleanup of the World Trade Center site, Lucelly Gil and thousands like her labored nearby, also helping to make Lower Manhattan habitable again. Gil, a Colombian immigrant, worked 12- and 14-hour shifts for $60 a day, sweeping away heaps of dust by hand in apartments, offices, restaurants and schools, protected by nothing more than a thin paper mask. Six years later, she has asthma, chronic pain in her nose, ears, head and chest, and painfully itchy skin. She says she is unable to work more than one day a week, and is surviving largely on the generosity of friends. “It's a terrible situation,” Gil said. “Everyone I know who did this work is sick. Everyone I know has to take medicine.” But even as public attention has focused on the plight of sick firefighters and other first responders, little mention is made of the thousands of cleaning workers like Gil who also were injured and enfeebled by their work. .... In the five years since the World Trade Center Medical Monitoring and Treatment Program was instituted, it has examined about 22,000 people. The most common symptoms exhibited by those screened by the program are psychological and respiratory, Landrigan said. Diminished lung function caused by pulmonary fibrosis is especially common, as is new-onset asthma and a hypersensitivity to odors, air pollution and allergens, called reactive airways disease. ...(Tribeca Trib, by Nick Pinto, Oct. 1, 2007)
- EMS Union Raps City: Flaws Remain In 9/11 Worker Aid .... Two City Council committees heard testimony Sept. 24 about alleged obstacles city agencies have presented to the medical treatment of 9/11 recovery workers and a Deputy Mayor's admission that some agencies need greater guidance on the issue. The Health and Civil Service and Labor committees held their third hearing in a series on the issue. Deputy Mayor for Health and Human Services Linda Gibbs and World Trade Center Health Coordinator Jeffrey Hon testified on behalf of the city.... (The Chief, by Ari Paul, Oct. 5, 2007)
- City shuts down work sites with Deutsche Bank-like hazards ... The number of FDNY inspections at construction sites has soared since the deadly Deutsche Bank fire and officials have stopped work at more than two dozen unsafe jobs, records show. The preliminary investigation into the Aug. 18 blaze that killed two firefighters revealed that the FDNY had, in large part, not been doing mandatory 15-day inspections at buildings being built or demolished, including the doomed bank building that overlooks Ground Zero. As part of a shakeup at the FDNY that resulted in the reassignment of three officers responsible for the inspections, Fire Commissioner Nicholas Scoppetta ordered the FDNY to find every construction site in the city and look for fire safety hazards. "It was a thorough review," an FDNY spokesman. "These inspections are now going to be permanent." After visiting 485 sites, FDNY inspectors found 122 unsafe conditions and relayed their findings to the Department of Buildings, a Fire Department spokesman said. Another 200 inspections were prompted by calls to the city's 311 phone system, the spokesman said. In the six-week period after the Aug. 18 fire, the DOB issued 27 stop-work orders that shut down construction sites across the city, records show. Before the fire, 67 stop-work orders had been issued in all of 2007. The FDNY will also soon begin inspecting the buildings under construction at the site of the former Trade Center, a construction area that was not previously being checked because it is not city-owned property. The Port Authority, which owns the site, has agreed to stop work if ordered to do so by the FDNY, a spokesman said. (NDaily News, by Jonathan Lemire, Oct. 4, 2007)
- Inspections after WTC fire uncover 120 plus violations ... A building being renovated into condominiums just blocks from ground zero was shut down after "accumulation of combustible debris resulted in fire on the first floor, which spread to the third floor," another report read. ... (Newsday, Oct. 4, 2007)
- Former Giant Takes Fight For 9/11 Workers To Nation's Capitol ... Martin's walk is expected to raise more than $10 million for 9/11 workers, and 44 house members have now co-sponsored the new legislation. ... (NY1, Oct. 4, 2007)
- An Escape Plan Stayed Hidden at a Fatal Fire ... Contractors demolishing the former Deutsche Bank building made a special plan to allow emergency use of the sealed stairs, but firefighters who responded to the fire on Aug. 18 did not know of the plan, according to official documents and interviews. The stairwells were sealed with heavy plywood and plastic to prevent toxic materials from escaping and hinged trap doors were put in the plywood slabs, yet the escape plan was never brought to the attention of firefighters assigned to respond to a fire in the building, fire officials say. Two firefighters were killed in the blaze. “The Fire Department was not involved in creating this plan, specifically and most importantly with regard to the sealed staircases,” said Francis X. Gribbon, the department’s chief spokesman. “We were not notified about it. We were not consulted about it.” ... Firefighters on other floors where the stairwells were also sealed resorted to using power saws to cut through the plywood because they did not know about the trap doors, according to fire commanders, who said they felt the trap doors were too narrow to be effective. The emergency escape plan was developed last year by the John Galt Corporation, the contractor hired to demolish the building at ground zero, which was damaged in the 9/11 terrorist attack and contaminated with toxic dust blown in by the collapse of the twin towers. The point of sealing the stairwells was to meet the standards set by environmental regulators who feared that decontamination efforts could create dangerous pollution in Lower Manhattan. The general contractor on the job, Bovis Lend Lease, had sent a copy of its escape plans to the Lower Manhattan Development Corporation, the owners of the building. The plan was posted on the agency’s Web site, but it is unclear who else was officially notified of the emergency arrangement. A spokesman for the Lower Manhattan Development Corporation, Errol Cockfield, was asked over a period of days if the memo or any other notice of the plan had been forwarded to the Fire Department, but declined to comment, citing the criminal investigation under way. The emergency plan described on the Web site was eventually revised, but fire officials said they were not alerted to any version prior to the fire and would have objected to both because of the risks involved. ... Under the emergency escape plan for the bank dated March 1, 2007, and posted on the development corporation Web site, Galt officials envisioned sealed stairwells on select floors where decontamination work was under way. Each of the seals would be outfitted with “kick-out panels.” The panels, with their plywood and plastic overlay, were designed to act as a membrane to keep in toxins, such as asbestos. The panels would have a weak point carved or cut into the plywood to let a firefighter easily kick through to escape, according to abatement industry experts. The panels, as built, did not conform to that design. Instead of scoring the kick-out panels, the contractors cut small doors with hinges into the plywood, and covered the entire mechanism with two layers of heavy polyethylene sealed with duct tape, fire officials said. To use the doors, emergency workers were supposed to cut through the coverings using carpet knives left nearby. Fire officials said they would have objected to either plan had they been consulted. The trap doors, they said, were too narrow and the procedure of cutting through the coverings too complicated to be done by firefighters in the dark confusion of a smoky fire. “Going forward, we are insisting that at least one of the stairways, if not both of them, remain clear and unobstructed and remain an area of refuge,” Mr. Gribbon said. ... (NYTimes, by Al Baker, Oct. 3, 2007)
- The sick can't wait .... A Manhattan federal appeals judge zeroed in Monday on the injustice of forcing thousands of sick World Trade Center rescue and recovery workers to wage long court battles for compensation. Noting that Congress had established a $1 billion fund to cover liability claims, Judge Jon Newman said: "It's a rare case where they have $1 billion just waiting on the table. It just cries out, with a case of $1 billion sitting there, to distribute it to the people who are dying." Newman was right, but unfortunately there's more to the case. Even at $1 billion, the fund will not be large enough to pay all claims. That's a primary reason Congress should reopen the separate Sept. 11 Victim Compensation Fund, which paid out $7 billion to terror attack victims before going out of business in 2003, before most Ground Zero workers realized they were sick. Newman and two colleagues are now charged with issuing a pivotal ruling in suits filed by the workers against the city and construction contractors who dismantled The Pile. The issue is whether they should be immune from liability because they were responding to an emergency. A decision that upholds immunity would all but certainly deprive workers who arrived at Ground Zero soon after the terror attack of grounds for seeking compensation. Perversely, those are the sickest workers. On the other hand, a decision that voids immunity would expose the contractors to bankruptcy and discourage anyone from responding in the event of another attack. ... (NYDaily News Editorial, Oct. 3, 2007)
- NYC Seeks Immunity From Sept. 11 Suits ... A federal appeals court panel suggested Monday that the city is not immune from liability in 8,000 cases accusing it and others of failing to properly protect workers cleaning up the World Trade Center site after the 2001 terrorist attacks. The city's lawyer, James Tyrrell, argued that his client, contractors and the Port Authority of New York and New Jersey, which owns the site, are not liable for respiratory illnesses and other injuries suffered by thousands of people who cleaned up the site. He cited a 1951 state law protecting municipalities from lawsuits for actions they take responding to attacks. Tyrrell said the ultimate decision of what is owed ''the heroes of 9/11 is a congressional decision, not a judicial one.'' The three-judge panel, however, repeatedly suggested it believed the defendants are not entirely immune from lawsuits and questioned whether the city even had a right to appeal the issue at this stage of the litigation. Lawyers said it appeared it could take three to four more years for the lawsuits to reach trial. The appeals court in Manhattan reserved decision after hearing nearly two hours of arguments. Last year, U.S. District Judge Alvin K. Hellerstein in Manhattan ruled that the defendants were immune for actions taken immediately after the Sept. 11 attacks but that the immunity did not extend for the entire nine months of the cleanup. Judge Jon Newman said he believed the lawyers should try to reach a resolution in the cases because $1 billion set aside by Congress to handle claims by injured workers was not getting ''to the people who need it before they die waiting for the distribution.'' Port Authority lawyer Richard Williamson urged the appeals court ''to grant the dismissal of these cases and let Congress consider whether it wants to consider a second victims' compensation fund.'' A victims' compensation fund established by Congress after the Sept. 11 attacks has paid $6 billion to 2,880 families of those who died in the attacks and more than $1 billion to 2,680 injured victims. (NYTimes/AP, Oct. 2, 2007)
- Judges Weigh City's Liability for Ground Zero Suits ... (NYSun, by Sarah Portlock, Oct. 2, 2007)
- Firefighters to Protest Giuliani ... A spokesman for the International Association of Fire Fighters said this morning that about 100 firefighters from New Jersey and New York were set to protest GOP presidential candidate and former New York City Mayor Rudy Giuliani's appearance this afternoon at a New Jersey "Tribute to Heroes." The tribute is one in a series of national events designed to commemorate the 9/11 terrorist attacks. Giuliani, whose campaign took heat last week for a California fundraiser during which volunteers asked that donors contribute $9.11, is scheduled to speak at 4 p.m. at Congress Hall in Cape May. The demonstration, said union spokesman Jeff Zack, is part of the organization's nationwide effort to question Giuliani's 9/11 "hero" credentials, which form the backbone of his campaign. "We'll continue to focus on high-profile events where it is relevant for our members to go and say their personal opinion of Giuliani," Zack said. "Anytime an event has something to do with either 9/11, or first responders, or anytime he's in New York City, we'll be there." ... (USNews, by Liz Halloran, Oct. 1, 2007, )
- Report: Officials Knew Of Issues With Deutsche Bank Building Contractor ... State officials reportedly knew that the contractor they hired to tear down the former Deutsche Bank building, where two firefighters died in a fire last month, was connected to a company that caused other fires. That company, called Rapid Demolition, was shut out of bidding on city contracts five years ago after a series of fires at its work sites. But according to a Daily News article Sunday, at the time of the Deutsche Bank fire, the son of Rapid's owner was on the payroll of Safeway Environmental. Safeway was originally hired to do the demolition work on Deutsche Bank. It was replaced by the John Galt Corporation, but the paper says Safeway was still pulling the strings. The paper says city investigators warned the Lower Manhattan Development Corporation about the connection. The John Galt Corporation has since been fired from the Deutsche Bank job, but the Manhattan district attorney is trying to figure out why it was ever hired at all. (NY1, Oct. 1, 2007)
- Court To Hear Ground Zero Liability Case ... A federal appeals court's reading of an obscure Cold War-era law, passed amid fears of a Soviet nuclear attack, will decide whether the thousands who toiled at ground zero can hold the city liable for their exposure to toxins. The U.S. 2nd Circuit Court of Appeals, which sits in Manhattan, will hear oral arguments today on whether the city is immune from lawsuits brought by the thousands of firefighters, police officers, and construction workers who searched for survivors and cleaned up on the site of the World Trade Center. Many of the workers say they now suffer from respiratory ailments linked to arsenic, asbestos, and other toxins found in the air and dust at the site. One estimate, by the lawyer who managed the September 11 Victim Compensation Fund, Kenneth Feinberg, places the cost of settling the suits at more than $1.5 billion. At issue is a U.S. District Court ruling from last year that allows as many as 10,000 of those workers to press forward with suits against the city. The city is asking a three-judge panel of the federal appeals court to overturn that decision, which was handed down by Judge Alvin Hellerstein, who sits in Manhattan. ... A lawyer from the firm of Patton Boggs, James Tyrrell, will argue on behalf of the city. The plaintiffs will be represented today by Kevin Russell of Howe & Russell, P.C., and Brian Shoot of Sullivan Papain Block McGrath & Cannavo, P.C. (NYSun, by Joseph Goldstein, Oct. 1, 2007)
- DEATH & ACCOUNTABILITY ... Six weeks after the Deutsche Bank fire - and bureaucratic bungling - led to the seemingly needless deaths of two city firefighters, the blame game is at full throttle. An astonishing memo last week set off the latest round of recriminations. The author was Charlie Maikish, a Pataki holdover who was in charge of the building's demolition until just before the fire. It warned that Maikish's agency, the Lower Manhattan Construction Command Center, had been denied resources needed to "safely" handle the job. And it was dated just after a pipe fell from the building and crashed through the roof of a nearby firehouse - an astonishing incident in its own right, yet insufficient to arouse the curiosity of anyone in City Hall regarding the structure. But no sooner did the document become public than one purported recipient - Avi Schick, tapped by Gov. Spitzer to head the Lower Manhattan Development Corp., the building's owner - denied ever receiving it. The others named as recipients, including Deputy Mayor Dan Doctoroff, refused comment. (Doctoroff, in fact, went into hiding.) ... (NYPost, Oct. 1, 2007)
- The World Trade Center Clean Up and Recovery Worker Cohort Study: Respiratory Health Amongst Cleanup Workers Approximately 20 Months After Initial Exposure at the Disaster Site. .. Objective: Respiratory health among cleanup workers at the World Trade Center (WTC) disaster site was evaluated approximately 20 months after the initial exposure to assess the risk of lower respiratory symptoms. Methods: In 2003 a self-administered questionnaire requesting information about site experience, current respiratory and historical health, and smoking was sent to 4546 workers employed at the site (response 25%), and 2103 workers who were never at the WTC (response 12%). Results: As compared with those never at the site, WTC workers were more than three times as likely to report any lower respiratory symptoms (rate ratio = 3.40, 95% confidence interval: 2.33-4.94). Conclusions: These results suggest an impact on respiratory health related to work experience at the WTC and indicate further monitoring to address potential long-term effects. .... (Journal of Occupational and Environmental Medicine. 49(10):1063-1072, Oct. 2007)
SEPTEMBER
- Low birthweight in New York city and upstate New York following the events of September 11th ... CONCLUSIONS The events of September 11, 2001 in NYC were associated with immediate increases in births <2000 g, slightly delayed decreased preterm delivery, and delayed increases in LBW among infants exposed periconception or in the first two trimesters. Stress may contribute to observed associations. .... (Hum Reprod. 2007 Nov;22(11):3013-20. Epub 2007 Sep 28)
- Misplaced blame ... Letters: Manhattan: Bill Hammond's column "Feds added fuel to the fire" (Sept. 25), which argues that environmental safety guidelines are to blame for the tragic deaths in the Deutsche Bank building, is scapegoating, plain and simple. Negligence was to blame. The FDNY had no fire plan for the building, and the contractors failed to maintain standpipes. Also, the building was contaminated from the World Trade Center collapse. Laws mandating an environmentally safe demolition must be strictly followed to prevent harm to workers inside and to the thousands who live and work nearby. --Rep. Jerrold Nadler; Manhattan: It is wacky to paint the EPA as the chief culprit in the Deutsche Bank fire and deaths. Blame negligent contractors, nonexistent FDNY inspections and poor LMDC and city supervision. Most of all, blame a stupid plan to demolish the building while cleaning it. Haste, not the EPA, made for tragic waste. --Mark Scherzer (NYDaily News, 9/28/07)
- ENR editor fired up about "disgraceful" legacy at Ground Zero ... ENR editor fired up about "disgraceful" legacy at Ground Zero. Construction publications generally play it safe and don't often express fiery political opinions, but the September 12 issue of Engineering News Record was an exception.Marking the sixth anniversary of the September 11, 2001 terrorist attacks on the United States, the ENR editor came out with a scathing review of the Bush administration's presence in Iraq, calling it a "self-made morass." The editorial continues: "Even the rebuilding efforts at the World Trade Center site are rife with politics, grandstanding emotional paralysis and junk science relating to building codes and design. Ground Zero continues to claim lives, the latest being two firefighters who died August 18 while fighting a blaze atop the skeleton remains of the 41-story Deutsche Bank building. It's hard to believe the wrecked building is even still standing.... (Canadian Consulting Engineer, 9/24/07)
- FDNY'S BLUNDER UNIT BACK AT DEUTSCHE BLAZE SITE ... Firefighters at Engine Co. 10 have resumed regular inspections of the former Deutsche Bank building. Nearly five weeks after a fatal blaze claimed two firefighters' lives, the unit has been ordered inside the toxic trap several times recently, FDNY spokesman Jim Long confirmed, mainly for "surveillance and familiarization" reasons. He said it's not known for how long or how regularly those visits will continue, but noted that a battalion chief will be assigned to the demolition project until its completion. Following the Aug. 18 fire that killed Firefighter Robert Beddia and Firefighter Joseph Graffagnino, Engine Co. 10 was criticized for failing to inspect the condemned Deutsche Bank building every 15 days as city law required. Three senior officers - including Engine Co. 10 Capt. Peter Bosco - were reassigned by the FDNY, an action the officers union has derided as a knee-jerk reaction from Fire Commissioner Nicholas Scoppetta. Union officials say the toxic conditions made inspections impossible, since firefighters weren't properly equipped. The recent inspections have been time-consuming because of the complex hazmat gear each firefighter must don before being allowed into the structure, sources said. The building, which was filled with deadly dust after the collapse of the World Trade Center, has never undergone complete toxin abatement. "The firefighters put on two hazmat suits, and then they close the openings around the gloves and the boots with duct tape," said one veteran FDNY officer. "They wear masks and self-contained breathing apparatus as well." And when their inspections are complete, the firefighters and their equipment have to be decontaminated, which means stripping away the top layer of hazmat gear, and spraying down their masks and other items. The whole process can take up to six hours, a firefighter said, although touring the building itself can usually be done in three. (NYPost, by Ginger Adams Otis, Sept. 23, 2007)
- Deutsche Bank's steel to be recycled for food cans, car parts ... Contaminated steel beams from the Deutsche Bank building - cleaned, melted and recast - could end up as part of your next can of soup. Since demolition of the troubled tower began in March, its several tons of steel have traveled thousands of miles by truck and ship on a winding journey around the world. ... Steel, the world's most recycled material, is a market-based commodity that was sold for $250 to $300 a ton between March and the middle of last month, when demolition at the site was stopped. Representatives from Sims Metal and Mid Island Scrap Corp. declined to comment on the amount of steel they received or how much they paid. John Galt Corp., which also reaped profits from the scrap, could not be reached for comment. Once prepared, the Deutsche Bank scraps were likely to have been loaded onto a ship bound for Europe, Shinn said. They would then have been taken to steel mills in Turkey, Greece or Italy, where they would be mixed with additives and melted down in furnaces of 3,000 degrees. Experts say the recast steel most likely ended up in manufacturing plants in Europe and the U.S., where it was processed into cans, automobile parts, appliances and building materials sent around the world. The process from the moment a piece of steel leaves the Deutsche Bank site to the point it is transformed could take just a few months, experts say. "Steel has no memory," Heenan said. "At 3,000 degrees, it can be turned into anything, and you'll have no idea where it came from." ... (NYDaily News, by Rich Shapiro, Sept. 23, 2007)
- New safety rules enforced at Deutsche Bank tower ... Tough new safety rules will be enforced at the Deutsche Bank tower to ensure there are no repeats of the August blaze that killed two firefighters, officials said yesterday. A fire official will stay onsite while the contaminated building near Ground Zero is demolished in the coming months, and there will be a site safety expert on the job 24hours a day, seven days a week - even when there's no work going on. The new plan was ironed out by Mayor Bloomberg and Avi Schick, chairman of the Lower Manhattan Development Corp., the state agency that owns the building. ... (NYDaily news, by Greg B. Smith, Sept. 22, 2007)
- Federal court to hear 9/11 worker lawsuits ... A state appeals court has ruled that nearly 300 workers allegedly sickened by their time at Ground Zero will have their cases heard in federal court. The Appellate Division ruled that all claims tied to injury, death or loss of property from the 9/11 attacks fall under the jurisdiction of Manhattan federal court. The ruling overturns a decision by a Manhattan Supreme Court judge who had allowed the workers' bids for litigation to proceed in state court, even after they filed late notices of claim against the city. The cases will now go before U.S. District Judge Alvin Hellerstein. Close to 9,000 lawsuits by workers whose health has allegedly been affected by their time at Ground Zero already had been filed in Manhattan Federal Court. (NYDaily News, by Jose Martinez, Sept. 22, 2007)
- New York City fire chief urges federal safety push ... "But we could have and we should have saved 121 firefighters who couldn't hear evacuation orders because their radios weren't working," he said. "We could have and should have lessened the health impact on responders by providing them with proper respirators and protective gear from Day One. We could have and should have operated under a unified command system." But changes have been slow in coming, he testified to the House Homeland Security Committee. While some improvements have been made to communications and other equipment, "we have yet to focus on how to better protect the individuals who respond to major disasters in a comprehensive way," Visconti said. Witnesses assailed health and safety monitoring in particular. Although an estimated 40,000 to 70,000 people who worked on the pile at Ground Zero were exposed to toxic dust and debris, federal monitoring continues to be "stop and start," said Cynthia Bascetta of the Government Accountability Office, the investigative arm of Congress. Tens of thousands of those individuals have yet to be screened at all, she said. "We recommended in July 2007 that the Secretary of Health and Human Services ... ensure that health screening and monitoring services are available to all people who responded to the attack, regardless of who their employer was or where they reside," said Bascetta, the GAO's health care director. "As of September, 2007, the department has not responded to this recommendation." .... (NY Newsdasy, by Carol Eisnberg, Sept. 21, 2007)
- Analysis: Bloomberg Vs. Giuliani on 9/11 ...(AP, Sept. 21, 2007)
- NYC, state agree on new safety protocols at WTC building ... The building's owner, the Lower Manhattan Development Corp., said Friday it had agreed to the city's safety protocols to improve the working conditions and fire safety in the building. City officials said they expect to complete the upgrades in two to three weeks. They include:
- putting fireproof doors at every entrance in the stairwells, where handrails and illuminated exits will also be installed and floor numbers will be clearly marked.
- relocating the asbestos decontamination structure and showers to the basement or ground floor, rather than on the upper floors that are being decontaminated. A special elevator will be used to access that area only.
-storing any extra decontamination materials, like plastic sheeting and plywood barriers, in a special vault in the basement. Previously, it was stacked and strewn throughout the building, adding to the fire hazard.
- having a site safety manager on site every day, 24 hours a day. Also on the list is a plan to change the system that creates negative air pressure on some floors as part of the asbestos containment process. Officials believe that negative air pressure caused the fire to behave differently: flames were sucked downward instead of toward the upper floors, which surprised firefighters, who typically set up their base of operations a few floors under the fire. The new requirements say that the negative air pressure system must be able to be switched on and off from one location on the ground level, rather than a piecemeal network with different switches on every sealed floor. After the changes are made, the decontamination and deconstruction processes _ which were halted after the fire _ can begin again, officials said. LMDC Chairman Avi Schick and Deputy Mayor Ed Skyler said in a joint statement that all agencies involved are "working to implement them and to ensure that the decontamination and the deconstruction ... resumes in the safest possible manner." ... (NYNewsday, by Sara Kugler, Sept. 21, 2007)
- Crises Show Lack of Planning: Emergencies Not Mike's Forte ... The disaster at the Deutsche Bank building, with allegations of mob-controlled contractors and lack of oversight by the Governor and the Mayor, is eerily reminiscent of the Staten Island Ferry crash that killed 11 people on their way home from work in October 2003: Mayor Bloomberg has decided to blame the workers, not the bosses. In making public spectacles of three fire chiefs by leaving the impression that they were responsible for the deaths of two Firefighters, Bloomberg replicated what he did with the ferry deaths. .... But the larger issue with the fire was this: six years after 9/11, four years after the summer blackout of 2003 and after a similar rainstorm several years ago disrupted the subways, it is now clear to all New Yorkers that the Mayor has no plan - none - for any emergency - terrorism included - that might befall the city. Deaths Avoidable -- The fire deaths might have been prevented if Bloomberg implemented a suggestion made two years ago by a lowly reporter: namely that his technology experts figure out how to get Buildings Department violations - all of which are on line - to the firehouses across the city. If each firehouse had nothing more than a BlackBerry, the brave men who responded would have at least known of some of the perils that awaited them. ...(The Chief-Leader, by Jim Callaghan, 09/21/07)
- Editorial: Get out of Morgy’s way and on to the truth ... Tell the truth. That’s the only legal advice the city’s top lawyer, Michael Cardozo, needed to give firefighters and officials being questioned by Manhattan District Attorney Robert Morgenthau about last month’s deadly fire at the former Deutsche Bank building. The New York Times reported over the weekend that Cardozo and his staff tried to summon firefighters in for “briefings” before the witnesses spoke to prosecutors. This week, the city hired a high-priced criminal defense attorney to monitor the flow of information to Morgenthau. The right to an attorney is a bedrock principle of our legal system, but that does not mean government should pay to defend any crimes that might have been committed on the public’s dime. Let’s be clear. There is overwhelming evidence of government neglect at Deutsche, but it may turn out that none of it amounts to crimes. The contractors, Bovis Lend Lease and John Galt Corp., also may not be guilty of criminal wrongdoing. That’s what Morgenthau’s investigation will determine. Cardozo, the Corporation Counsel, and his boss, Mayor Mike Bloomberg, should want to know if any crimes were committed by city employees. This is not some two-bit D.A. who files phony rape charges to win an election. And this isn’t a politically-motivated fishing expedition either. Morgenthau has more than three decades of prosecutorial experience. He and his team of prosecutors are among the most-respected in the country. If criminal trials are warranted, it could lead to answers to some of the questions that otherwise will not be answered with credibility. For one, why was the demolition allowed to continue despite numerous fire safety violations and several instances of falling debris? Why was John Galt hired? Why did government monitors allow smoking in a building with combustible materials? Did anyone order the fire department not to inspect the building? Why was the standpipe water supply system rendered useless? We called for an independent investigation into the fire a few weeks ago because the state and city agencies conducting inquiries are the same ones who were responsible for the project originally. Although there has been real progress coming up with a safer plan, there continues to be reason to be distrustful. Less than a week after the deaths and new assurances of future safety, a massive forklift fell off the building, seriously injuring two firefighters. Avi Schick, chairperson of the Lower Manhattan Development Corp., the building’s owner, scolded an Environmental Protection Agency official for disclosing E.P.A. concerns to the public. We hear that officials continue to berate Community Board 1, after the board passes tough resolutions on Deutsche. If C.B. 1 warnings had been heeded, Robert Beddia and Joseph Graffagnino could be alive today. Activists, local politicians, and we also issued warnings before the fire. The fact that officials in charge are still worrying about whether a community board resolution embarrasses them, shows that Robert Morgenthau’s independent investigation is needed and must not be hindered. (Downtown Express, September 21 - 27, 2007)
- Distal Airway Function in Symptomatic Subjects With Normal Spirometry Following World Trade Center Dust Exposure .... Rationale: Following collapse of the World Trade Center (WTC), individuals reported new-onset respiratory symptoms. Despite symptoms, spirometry often revealed normal airway function. However, bronchial wall thickening and air trapping were seen radiographically in some subjects. We hypothesized that symptomatic individuals following exposure to WTC dust may have functional abnormalities in distal airways not detectable with routine spirometry. Methods: One hundred seventy-four subjects with respiratory symptoms and normal spirometry results were evaluated. Impedance oscillometry (IOS) was performed to determine resistance at 5 Hz, 5 to 20 Hz, and reactance area. Forty-three subjects were also tested for frequency dependence of compliance (FDC). Testing was repeated after bronchodilation. Results: Predominant symptoms included cough (67%) and dyspnea (65%). Despite normal spirometry results, mean resistance at 5 Hz, 5 to 20 Hz, and reactance area were elevated (4.36 ± 0.12 cm H2O/L/s, 0.86 ± 0.05 cm H2O/L/s, and 6.12 ± 0.50 cm H2O/L, respectively) [mean ± SE]. Resistance and reactance normalized after bronchodilation. FDC was present in 37 of 43 individuals with improvement after bronchodilation. Conclusions: Symptomatic individuals with presumed WTC dust/fume exposure and normal spirometry results displayed airway dysfunction based on the following: (1) elevated airway resistance and frequency dependence of resistance determined by IOS; (2) heterogeneity of distal airway function demonstrated by elevated reactance area on oscillometry and FDC; and (3) reversibility of these functional abnormalities to or toward normal following administration of a bronchodilator. Since spirometry results were normal in all subjects, these abnormalities likely reflect dysfunction in airways more distal to those evaluated by spirometry. Examination of distal airway function when spirometry results are normal may be important in the evaluation of subjects exposed to occupational and environmental hazards. .... (Chest, doi:10.1378/chest.07-0913)
- Study: Respiratory Problems More Common In Earliest 9/11 Responders ... An average 146 firefighters and fire officers retired each year since 2001 because of lung problems, compared to just 49 in the years prior. Lieutenant Girard Owens has since retired, but he faces an array of medical issues, including respiratory and heart trouble because of the time he spent working at the site. “Well, I feel right now that I'm declining, because I’m feeling weaker and weaker,” said Owens. Owens is one of many who've retired because of his health. (NY1, Sept. 21, 2007)
- MTA rethinking deal with firm monitoring Deutsche demolition ... The MTA reversed itself on hiring an engineering firm to inspect area bridges and tunnels yesterday after learning it was the same outfit monitoring the Deutsche Bank demolition. On Wednesday, an MTA committee voted to award URS Corp. a five-year, $800,000 contract to inspect bridges and tunnels throughout the area. The MTA changed course late yesterday after the Daily News told officials URS is one of several contractors under investigation in the deadly Aug. 18 fire at the former Deutsche Bank building. MTA spokesman Jeremy Soffin said the authority learned of URS' role at the toxic tower sometime between when The News began asking Wednesday and last night. Soffin emphasized that URS' background check was a multimonth process completed before the fatal fire. "In light of this news, we've reopened the review and will not award the contract until we have a better understanding of what happened," Soffin said. URS spokesman Hugh Burns declined to respond to the MTA's move, stating, "It's the MTA's decision." The MTA Bridges and Tunnels authority committee approved URS' hiring Wednesday, despite a staff document recommending the award, "notwithstanding significant adverse information." Board member Frank Powers asked for details, stating, "I try not to deal with people with adverse records." .... Records reveal URS Corp. has recently been the subject of a number of investigations besides the Deutsche Bank probe. URS inspected the highway bridge in Minneapolis a year before its recent collapse. URS has said it may be the subject of suits because of the disaster. URS also is the subject of a $120 million suit alleging negligence following the collapse of a highway bridge in Tampa. URS called the collapse an "anomaly that couldn't be predicted." In 2004, a URS project manager overseeing construction of the post office in downtown Brooklyn was sentenced to 30 months in prison after admitting he took bribes. URS was not charged in that case. (NYDaily News, by Pete Donohue & Greg B. Smith, Sept. 21, 2007)
- New FDNY report on WTC's aftereffects on responders .... Among the findings in the report, "World Trade Center Health Impacts on FDNY Rescue Workers": Twenty-six new cases of the inflammatory lung disease sarcoidosis in the first five years after 9/11, most of them with asthma. Five or fewer rescuers got sarcoidosis annually before 9/11. Almost none had symptoms; 22% of FDNY rescue workers said they were "feeling as if [their] future will be cut short." ; As many as four years after the attacks, 53% said their mood had changed, with about one-third struggling with concentration and feelings of irritation, anger and anxiety.; The extent of sleep problems among responders barely diminished over the first four years after the attacks. Some 61% had them in the first year; 58% did in the next three.; Two-thirds of responders said their exercise routine changed in the first year after 9/11, but 18% said they had started working out more two to four years later. "Why this report is so important today is that it scientifically shows the connection between 9/11 and illnesses," Rep. Carolyn Maloney (D-Manhattan) said yesterday at the Gouverneur Hospital, a medical center on the lower East Side that will house one of the two new outposts of the Bellevue WTC treatment clinic. "It's very, very important for making the case in Congress." A separate 9/11 health program for downtown residents, workers and students will be able to accommodate up to 20,000 people, Mayor Bloomberg said yesterday. The WTC Environmental Health Center at Bellevue Hospital has two new sites - at Gouverneur Health-Care Services in lower Manhattan and Elmhurst Hospital Center in Queens. (NYDaily News, by Kirsten Danis & Jordan Lite, Sept. 21, 2007)
- CLINICS ADDED FOR 9/11 WOES ... A program offering free medical services to people experiencing health problems as a result of 9/11 is being expanded from Bellevue Hospital to two additional locations, Mayor Bloomberg said yesterday. The new sites, at Gouverneur Healthcare Services in lower Manhattan and Elmhurst Hospital in Queens, would allow up to 20,000 patients to be treated over the next five years. The city allocated $16 million to open the WTC Environmental Health Center in 2006 and has since added $33 million. The number of patients treated for 9/11-related illnesses has nearly tripled from 600 shortly after the attacks to 1,600. City officials are pushing Washington to pick up the tab. (NYPost, by David Seifman, Sept. 21, 2007)
- 42 Feet of Pipe Is Said to Be Missing ... The standpipe that failed to provide water during the fatal Deutsche Bank fire last month was not simply breached or cut it was taken apart, and a full 42-foot stretch of it was removed from the building’s basement, several people with knowledge of the matter said. Various reports in the days following the Aug. 18 blaze, which left two firefighters dead, had characterized the break in the pipe as a smaller section, one whose disappearance may not have been glaringly apparent to people working in the building. But the people with knowledge of the matter said that indeed two consecutive 21-foot sections of the six-inch diameter cast-iron pipe, which ran horizontally across a section of the basement just beneath the ceiling, were cut or dismantled, leaving a large gap in full view of anyone in that part of the basement. “If anyone had bothered to take a look, they would have known it was not in operable condition,” one of the people said. The failure of the standpipe meant that firefighters lost crucial minutes in their effort to get water on the blaze, and officials are investigating whether the delay caused the deaths of the two firefighters, Joseph Graffagnino, 33, and Robert Beddia, 53. The two 21-foot pipe sections, once joined with couplings and gaskets to each other and to the two sections at the ends of the missing portion, were apparently then removed from the building, the people said. One of the people said that some portions of pipe were found in the basement, but it was unclear whether any of them were part of the two missing 21-foot sections. Prosecutors from the office of the Manhattan district attorney, Robert M. Morgenthau, who are investigating the fire and the events that led up to it, are still unsure why the long section of pipe was removed and who removed it, according to one person with knowledge of that inquiry, examining not only the deaths of the firefighters, but also the actions of inspectors from the Fire and Buildings Departments. Prosecutors are also looking into why the Lower Manhattan Development Corporation, which owns the building and is overseeing the demolition, allowed Bovis to hire Galt, a company with little demolition experience and ties to a company under scrutiny by city investigators, for the enormously complex job. The pieces of pipe recovered in the basement after the fire and the remaining portions of the standpipe that were adjacent to the missing sections were sent to the Federal Bureau of Investigation lab in Quantico, Va., for analysis. No official findings have yet been provided to prosecutors. The standpipe would have carried water pumped in from a hydrant by a fire truck to the pipe that rises to valves on each floor, where firefighters could connect a hose and draw water. One theory about why the pipe was removed was based on a makeshift hoist that had been built beneath where the missing length of pipe had been. One person who has been briefed on the case said the hoist was set up to lower material into the subbasement. Under the theory, the person said, the section of pipe was removed to make room for the hoist. The size of the missing section makes an early theory about the removal seem less plausible. Investigators had theorized that workers had used the standpipe to run a compressed air hose up from the basement to the upper floors to power heavy equipment, a practice that some construction experts said was not uncommon. Since the fire, various reports have described the missing section of pipe as having been a chunk, a section and in one instance, a 20-foot length, but nothing as long as 42 feet. (NYTimes, by William K. Rashbaum & Al Baker, Sept. 21, 2007)
- Work to add stairways, reseal Deutsche may begin ... Preparation work needed to resume dismantling the former Deutsche Bank is expected to begin soon with a general agreement between 11 governmental agencies responsible for the building’s safety. The new interim agreement follows the Aug. 18 blaze that killed two firefighters. The plan was revealed Tuesday at a meeting convened by Assembly Speaker Sheldon Silver. He said the Lower Manhattan Development Corp., the building’s owner, has taken major steps toward coming up with a safer plan. “We are a long way there,” Silver said in a telephone interview. Since the fire, the speaker has convened several private meetings with Avi Schick, the L.M.D.C.’s chairperson, but Silver has opened them up to local residents and Community Board 1 members, who had warned the L.M.D.C. repeatedly about the project’s safety over the last few years. The L.M.D.C. has agreed to open two emergency fire stairways in the building, reseal the building within three weeks to prevent toxic contaminants from escaping, and to pay for a “24-7 presence in the building,” Schick’s words to describe the addition of at least one safety expert during off-hours. He said Wednesday he had no idea how much the new safety measures would cost. Similar to the previous private meetings, there were differing interpretations as to what was agreed to Tuesday. Silver and three residents left with the impression that all agencies had signed off on the plan and that it would include ridding the building of toxic materials before any demolition would resume, but both beliefs turned out to be less than entirely true. Schick told reporters the next day that the development corporation was “leaning heavily” toward completing the cleanup before demolition, but “we have not made a final decision.” He said there are safety advantages to doing one thing at a time. Board 1 and environmental activists have favored this approach to reduce the risks of contamination. Dep. Mayor Ed Skyler and the U.S. Dept. of Environmental Protection Agency disputed Schick’s contention that all agencies had signed off on the interim plan. Skyler said E.P.A. officials have not signed off but “are supportive of the plan. They have concerns that we need to work through.” Bonnie Bellow, an E.P.A. spokesperson, said there are unresolved “technical details” which she did not specify, but the L.M.D.C. has the go ahead to begin the interim plan to reseal the building. She said the details can be worked out as the plan proceeds over the next few weeks. ... Kimberly Flynn and other residents said there were many positive developments at this week’s meeting, but it is still unclear why all of the government inspectors on the site will do a better job monitoring the project now than they did before. To that question, Silver said the officials in charge know missteps will not go unnoticed. “Everybody feels they are on the hot seat and they are being watched more closely,” he said. On Wednesday, Skyler outlined how the city will improve its community notification plan for Deutsche and other emergencies around the city. He said that in October, there will be a new email notification system for Deutsche run by the city’s Office of Emergency Management. By the end of the year, the city hopes to have a text message alert system in place. Some time next year the city wants to begin a pilot “reverse 911 system” in one neighborhood, whereby automatic phone messages would be sent to everyone in the area. He said there are limits to both ideas. The city’s phone lines do not have the capacity to make massive amount of calls particularly in an emergency, when phones are in greater use. Text messages are currently sent as a low priority by cell phone carriers so they could take a day to be transmitted in an emergency. The city also wants to utilize existing technology to broadcast cell phone messages in a particular area, but carriers are also resisting that idea, Skyler said. ... (Downtown Express, by Josh Rogers, Sept. 21-27, 2007)
- More Able to Get Free Care for 9/11 Illnesses ... The city is expanding its treatment facilities to care for people sickened by ground zero dust in the aftermath of the World Trade Center collapse, city officials said yesterday. The city announced that two new clinics would provide free treatment to people with 9/11-related illnesses. The clinics will be available to anyone who lived, worked or went to school in Lower Manhattan and some areas of Brooklyn, or who helped in the cleanup, officials said. The clinics, in Chinatown and in Queens, will be part of the World Trade Center Environmental Health Center, which the city established at Bellevue Hospital Center last year. The center has treated 1,600 patients, but city officials believe thousands more may be affected. The expansion will allow the center to treat up to 20,000 patients over the next five years, city officials said. The announcement comes as city and state officials are pushing for $150 million a year in federal funds to offset the growing costs of monitoring and treating 9/11-related illnesses. The city has committed $100 million through 2011, including $33 million to further expand treatment at the three sites, officials said. “There is much about World Trade Center health effects that we still don’t know,” Mayor Michael R. Bloomberg said. “But one thing we do know is that 9/11 was an act of war against our entire country, and the federal government must take responsibility for everyone harmed.” ... (NYTimes,by Ray Rivera, Sept. 21, 2007)
- Chairman: LMDC Aims To Have Plan For Bank Tower Demolition Soon ... The Lower Manhattan Development Corporation hopes to have a work plan for deconstructing the former Deutsche Bank building near ground zero within the next month, the corporation's chairman, Avi Schick, said yesterday. Mr. Schick would not speculate on when work on the building would resume. If the LMDC and regulators "are able to come to a quick agreement on a plan and a scope of work, then we are pretty confident that the process of identifying the right companies to do that work won't stand in the way of starting quickly," he said. Mr. Schick also said the LMDC is "thinking" it will take a different approach to deconstructing the building when it resumes work, discontinuing the previous practice of deconstructing and decontaminating the building simultaneously. Separating the tasks could minimize risks and lessen the complexity. ... (NYSun, by Grace Rauh, Sept. 20, 2007)
- City considering a reverse-911 call system ... The city wants to use high-tech warning methods in the future during emergencies such as the Deutsche Bank fire, including a reverse-911 system that calls affected residents. Deputy Mayor Ed Skyler told a City Council hearing yesterday that a pilot reverse-911 project could be "designed and ready to go sometime in early 2008." City Councilman Alan Gerson (D-Manhattan), who chaired the hearing by the Lower Manhattan Redevelopment Committee, said the city failed to contact worried neighborhood residents after the Deutsche Bank fire broke out about 3:30 p.m. on Aug. 18. It wasn't until more than four hours later that Mayor Bloomberg held a news conference assuring residents the air was safe. (NYDaily News, by Frank Lombardi, Sept. 20, 2007)
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HIGH-TECH WARNINGS: CITY WILL SEND NYERS CRISIS TEXTS ... In the aftermath of the Deutsche Bank fire and the Midtown steam-pipe explosion, city officials yesterday announced they will begin testing rapid-alert programs to rush text messages to New Yorkers' cellphones. Deputy Mayor Ed Skyler told lawmakers at a City Council hearing that a pilot program using text messages as an early-alert system for communities will be ready to roll out within a few months. "We expect to launch the pilot at the end of this year. At the same time, we are wary of it, because we know that the communications infrastructure isn't as reliable as we would like," he said of brief text messages that would be limited to 60 characters. Skyler said text messaging is a low priority for mobile-phone companies, and that the carriers have yet to commit to ensuring that the messages would be delivered within an hour. "We are skeptical of the technology, but we believe it deserves a try. We haven't picked a neighborhood yet," he said. The Bloomberg administration has its eyes on what could be a more effective alert system that would use mobile-phone networks to send emergency messages to anyone carrying a phone within a specific swath of the city. Called "cell broadcasting," the alert system would require mobile-phone companies to make upgrades to their infrastructure - changes that City Hall is pushing for. "It is not possible for us to use cell broadcasting today, because wireless carriers have resisted investing resources in this emerging technology," Skyler said. But Skyler said the city is working on several fronts, including an e-mail alert program that will be tested next month in lower Manhattan by the Office of Emergency Management. The e-mail alert program will be available to anyone who signs up for it. After the hearing, council Speaker Christine Quinn said the private sector has to step up and help to improve the ability to deliver emergency messages. "We didn't hear government holding us back, we heard the corporate sector holding us back. That was not what I anticipated," said Quinn. "Yes, they are corporate entities, but they have a responsibility in this post-9/11 world." Lower Manhattan residents were furious over what they said was a lack of information and warnings about toxins released into the air following the fire at the Deutsche Bank building last month. ... (NYPost, by Frankie Edozien, Sept. 20, 2007)
- State may clean Deutsche Bank tower before demolition ... The state is now "leaning toward" cleaning the contaminated Deutsche Bank tower before demolishing it, a plan it had long rejected as too slow. Avi Schick, chairman of the Lower Manhattan Development Corp., mentioned the proposed change yesterday after testifying before the City Council. For years, job safety advocates and neighborhood residents anxious about an accident there repeatedly called on the state to do the two tasks separately. Prior to an Aug. 18 blaze that killed two firefighters, contractors hired by LMDC were taking down the building floor by floor while cleaning asbestos and other toxins out of several floors below the demolition. Some investigators have theorized that the simultaneous nature of the work could have contributed to the rapid spread of the fire. The cause of the fire remains under investigation. Schick insisted the simultaneous work had nothing to do with the fire, and that deconstruction work wasn't going on that day - just abatement. Nevertheless, the state will likely "decouple" the two tasks because, Schick said, "That's the traditional way to do it." (NYDaily News, by Kirsten Danis, Sept. 20, 2007)
- FINALLY, A FIRE PLAN FOR DEADLY DEUTSCHE ... It took the tragic deaths of two firefighters, but the cursed Deutsche Bank building finally has a fire-safety plan, according to documents obtained by The Post. Robert Beddia and Joseph Graffagnino, who perished in the Aug. 18 blaze in the contaminated building. lost their lives because of lax fire-protection measures, most notably a dismantled standpipe system. Since then, several government agencies and the FDNY have hammered out a plan full of commonsense requirements. Contractor Bovis Lend Lease must now provide plans that show the current layout and configuration of each floor. ... The negative air-pressure units that are needed to prevent the spread of toxic dust must have a master "off" switch. Those fans were blamed for causing the 14th-floor fire to spread unpredictably. And all stairways must now be clear of obstructions and marked with luminous paint. The new rules go beyond the single regulation in the deconstruction plan authored by the subcontractor John Galt Corp. and Bovis last year. Under that plan, the only fire-protection requirement was maintaining the standpipe - a task that wasn't done. (NYPost, by Chuck Bennett, Sept. 20, 2007)
- City Aims To Launch Program To Improve Crisis Communication ... The Bloomberg administration is aiming to adopt a host of new ways to communicate with New Yorkers during a crisis. Deputy Mayor Edward Skyler said yesterday that the city hopes to launch a pilot program for a text-messaging notification system by the end of 2007 and a pilot program for a reverse 9-1-1 emergency notification system by early 2008. By mid-October, the pilot program for an e-mail notification system is set to begin in Lower Manhattan. At a City Council hearing on how the city communicates with residents during an emergency, Mr. Skyler said he is "skeptical" of the text-messaging technology. New York's telecommunications infrastructure "isn't as reliable as we'd like," he said, which could lead to other problems during an emergency. "If I sign up for a service and I'm in a situation where I feel that I should be getting information from government and I don't get a message, then I might not do anything," he said. "I might not turn on the television. I might just go about my business and then maybe walk into harm's way.' Mayor Bloomberg promised during his 2005 campaign to work with cell phone carriers to provide emergency notifications and information through text messaging. Lower Manhattan residents have said that in the hours immediately following the outbreak of a fire at the former Deutsche Bank building near ground zero in August, they wanted information from the city that would have assuaged their fears and told them how to stay safe. (NYSun, by Grace Rauh, Sept. 20, 2007)
- New help for World Trade Center ailments ... New Yorkers suffering from illnesses caused by toxic dust and debris from the World Trade Center now have two additional places to get free medical treatment, Mayor Michael Bloomberg announced today. Two new World Trade Center Environmental Health Center clinics, in Chinatown and Queens, will be able to see up to 20,000 patients over the next five years, the mayor said in a statement. Funded by city coffers, the program's first outpost was created at Bellevue Hospital in midtown Manhattan in 2006. Around 1,600 people have signed up to be treated since its inception. But experts believe that thousands more are affected by exposure, including rescue workers and downtown residents. "The center's three sites will allow us to bring comprehensive assessment and specialty treatment to the people with symptoms from WTC exposures who have not yet accessed care," said Alan Aviles, president of the city's Health and Hospitals Corporation. The main complaints include respiratory illnesses, sinus and nasal problems, asthma, shortness of breath, and throat irritations. Other ailments include headaches, rashes, heartburn and indigestion, as well as anxiety. (NYDaily News, Sept. 20, 2007)
- MAYOR BLOOMBERG AND HHC PRESIDENT AVILES ANNOUNCE EXPANSION OF WORLD TRADE CENTER ENVIRONMENTAL HEALTH CENTER TO TWO NEW SITES AND CALL FOR SUSTAINED FEDERAL FUNDING: Fire Department Releases Comprehensive Assessment of Six Years of Research and Treatment of 9/11 First Responders ... (News Release, Sept. 20, 2007)
- City To Expand Care for 9/11 Sick .... In an attempt to treat thousands more individuals with health problems related to the attacks of September 11, 2001, the city has announced a major expansion of its World Trade Center Environmental Health Center at Bellevue Hospital. ... In a statement, Rep. Jerrold Nadler praised the mayor's support for the James Zadroga 9/11 Health and Compensation Act, which he introduced in Congress last week with Reps. Carolyn Maloney and Vito Fossella. The bill would fund the treatment of health issues related to the attacks, and would reopen the Victim's Compensation Fund. "Whether you were caught in the plume, cleaned up poisonous indoor dust, or were exposed to contamination in your home or workplace if you were exposed to toxins from the World Trade Center, you should have access to quality care," he said. (NYSun, by Elizabeth Solomont, Sept. 20, 2007)
- FDNY leader urges safety fixes ...While some improvements have been made to communications and other equipment, "we have yet to focus on how to better protect the individuals who respond to major disasters in a comprehensive way," Visconti said. Witnesses assailed health and safety monitoring in particular. Although an estimated 40,000 to 70,000 people who worked "on the pile" at Ground Zero were exposed to toxic dust and debris, federal monitoring continues to be "stop and start," said Cynthia Bascetta of the Government Accountability Office, the investigative arm of Congress. Tens of thousands of those individuals have yet to be screened at all, she said. (Newsday, by Carol Eisenberg, Sept. 20, 2007)
- A Six-Year Assessment: WTC Health Impacts on FDNY Rescue Workers ... (Fire Department, City of NY, Bureau of Health Services, Sept. 2007)
- FDNY Not Ready To Fight Toxic Fires: Month After Deutsche Blaze, Dept. Said To Be Without Plan ... There were new developments Wednesday evening in the aftermath of the Deutsche Bank fire. Startling details came out of a closed door meeting of top fire officials. With the deadly fire just over a month old there are apparently still no new plans for fighting fires in toxic buildings. "I'm shocked," said Deputy Chief Richard Alles. Alles was stunned by a disclosure he says was made by Fire Commissioner Nicholas Scoppetta and his top aides at a behind-the-scenes meeting Monday night when the chiefs reportedly put Scoppetta and his men on the spot. They asked how they should attack a fire like the one at Deutsche Bank that resulted in the deaths of two firemen. The answer? "They are in the process of designing plans ... one month after the fire," Alles said. Scoppetta and his top aides reportedly revealed the lack of plans at a private session Monday night, with some 50 chiefs assigned to Division I in lower Manhattan. They told their union reps what happened. Alles says a lot of projects are reportedly affected. "One hundred to 200 buildings ... mind-boggling," he said. Added Battalion Chief George Belnavis: "Why don't we have a plan and what do we do next time? We really didn't get any answers yet, but that doesn't help the guys who are working today, tonight and tomorrow." Alles says one thing is certain. The FDNY doesn't appear to be looking out for the people it serves. "It is my belief the upper echelon of this department is more concerned with circling their own wagons and protecting their own interests," Alles said. "If they cared we would have the new procedure to follow today." FDNY spokesman James Long says the statements made by the chiefs are patently false and a misrepresentation of what was discussed at the meeting. (wcbstv, Sep 19, 2007)
- OEM to take over Lower Manhattan warning system ... The state agency that owns a contaminated lower Manhattan skyscraper failed to use its e-mail alert system to notify neighborhood residents about a deadly fire in the building because the blaze happened on a weekend, when the agency's offices were closed, city and state officials said Wednesday. As a result, the city and the state-run Lower Manhattan Development Corporation have agreed that the city's Office of Emergency Management will take over the e-mail alert system, which will be revamped and start running sometime next month, said Deputy Mayor Edward Skyler. "They [the LMDC] took on a responsibility but they don't have the 24/7 capability that OEM does," Skyler said after testifying at a City Council hearing on improving community notification in lower Manhattan in the wake of the Aug. 18 fire at the former Deutsche Bank building. The LMDC maintains two community e-mail lists with a total of about 4,000 subscribers, which were created to update residents on the progress of redevelopment at the former World Trade Center site and alert them in the event of an emergency -- a commitment that may have been overly ambitious, given the agency's size and lack of expertise in crisis management, said chairman Avi Schick, who took over in April. "I want to be able to partner with agencies like OEM because a city agency with a large head count and a 24/7 presence is going to, in the event of an extraordinary emergency, be better suited to delivering certain things than we can," Schick said. "What I don't want to do is overpromise -- it's hard to say in the middle of the night at the end of August that we're always going to have the number of staff available on short notice." Schick said the LMDC will continue to use the e-mail lists to notify residents about the results of air quality tests and "more routine, day-to-day issues that arise." The fire at 130 Liberty St., which killed two firefighters, has renewed concerns among lower Manhattan residents about the city's ability to get information about emergencies to them quickly.(Newsday, by Karla Schuster, Sept. 19, 2007)
- E-Mail and Text Messages Are Fine. But What About Mrs. McGillicuddy? ... In the wake of last month’s fire at the former Deutsche Bank building, the city is racing to find high-tech solutions from text messages to e-mail alerts to dispense information to residents during an emergency. But what about Mrs. McGillicuddy, a highly independent, perhaps elderly and bohemian resident who has not gone gently into the information age? That’s what Councilman Alan J. Gerson wanted to know as he interrogated Deputy Mayor Edward Skyler today, during a City Council hearing examining the city’s failure to provide timely information to Lower Manhattan residents during the Aug. 18 fire, which killed two firefighters. “Mrs. McGillicuddy is the person who doesn’t get her information from the Internet,” said Mr. Gerson, a Democrat who represents Lower Manhattan, as Mr. Skyler waited patiently for the five-minute-long question to unfold. ... Mr. Skyler acknowledged that the city does not have an effective method of informing residents of what to do, or not to do, during events like the Deutsche Bank fire. The blaze began around 3:30 p.m., sending plumes of dark smoke into the air and raising a host of questions among Lower Manhattan residents: Was the smoke toxic? Should they evacuate? Should they stay in doors and close the windows? Many of those questions weren’t answered until a 9 p.m. news conference that night. Mr. Skyler said the city has effective ways for informing residents of what to do in citywide emergencies, such as a blackout, transit strike or a terrorism alert. And in small-scale evacuations, the city can send firefighters door to door or use loudspeakers in police vehicles.“What the city government has not done to this point is deal with things in the middle,” he said, “saying, ‘Well, you don’t need to leave, but maybe you should close your windows,’ and sometimes further than that even if there’s nothing that anybody needs to do, it’s nice to be told that there’s nothing anybody needs to do, because as you know, it decreases anxiety and makes people comfortable to know that somebody has thought about these things and that somebody has communicated them.” (NYTime City Room, by Ray Rivera, Sept. 19, 2007)
- City Council Holds Hearing On Disaster Communication Issues ... The City Council looked into community notification problems surrounding disasters like the deadly fire at the former Deutsche Bank building during a hearing today. The deadly fire prompted the council committees on Lower Manhattan Redevelopment and Technology in Government to explore ways to improve communication with residents following a major event. For weeks after the Deutsche Bank building fire, Downtown residents said it was hard to get information about whether the air in their neighborhood was safe to breathe. There were similar concerns after the Midtown steam pipe explosion in July, with those who lived and worked nearby concerned about asbestos exposure, as well as when they'd be allowed to return to their buildings. To prevent future problems, officials hope to pass on information through e-mail, automated phone calls, and text messages but they say the messages may not always be received. "A protocol in which the cell phone carrier does not believe it's a priority, won't resend it if it bounces a back, or can't commit to re-send it if within an hour, is unacceptable,” said Deputy Mayor Ed Skyler. "One of the most important and comforting things you can give a New Yorker is information, up-to-date information," said City Council Speaker Christine Quinn. Officials hope to begin a pilot program to test the e-mail alert system beginning this October. ... (NY1, Sept. 19, 2007)
- Bank Fire Prompts Hearing On Informing City Residents.... When a fire broke out in the former Deutsche Bank building near ground zero last month, many residents of Lower Manhattan peered out their windows, stumbled into the streets, and frantically called friends in search of information about the blaze. A City Council hearing today will examine the way in which nearby residents were notified about the fire. Lawmakers are expected to discuss establishing effective emergency communication plans so New Yorkers can be better informed during future catastrophes. The vice chairwoman of Community Board 1 in Lower Manhattan, Catherine McVay Hughes, said that when the fire was burning, people who live and work near ground zero had no way of getting answers to basic questions. "Should you stay in place? Should you leave? Should you close your windows?" she asked. "People are very concerned about this, downtown." Council Member Gale Brewer, a Democrat of the Upper West Side who is chairwoman of the Technology in Government Committee, said other cities have plans in place to reach residents during an emergency, such as recorded messages that are sent to landline telephones. "This would have been so helpful," she said, adding that, depending on the situation, residents could have been told to turn their air-conditioners on or off, and whether they needed to be concerned about asbestos in the air. "If I lived in an area like that, I would love to have that information." The use of alarms, e-mail, and text messages to communicate during an emergency also will be discussed at the hearing. Deputy Mayor Edward Skyler is scheduled to testify and City Council Speaker Christine Quinn is planning to attend. After the subway flooding in August, lawmakers called on the Metropolitan Transit Authority to install cell phone service on the subway's underground platforms so that riders could be informed about service problems via mobile phones. (NY Sun, by Grace Rauh, September 19, 2007)
- City lends support to 9/11 health bill ... In testimony before Congress, the Bloomberg administration announced its support Tuesday for a 9/11 health bill that would require the federal government to pay for health care for first responders and other environmental victims of the attack that crumbled the World Trade Center. Deputy Mayor Edward Skyler said the federal government should help pay the cost of treating illnesses associated with the attack, which he said exposed some 400,000 area residents, Manhattan visitors and disaster first responders to environmental hazards and emotional trauma. ... (amNY, by Martin C. Evans, Sept. 19, 2007)
- Bill Would Expand Care and Compensation for Ground Zero Workers ... The Bloomberg administration is supporting a new Congressional bill that would provide health treatment and financial compensation for all workers, residents and others exposed to the dust and smoke from the collapsed World Trade Center. The bill, called the James Zadroga 9/11 Health and Compensation Act, was introduced by several members of New York’s Congressional delegation Monday night. It would establish a long-term program to provide a broad range of physical and mental health services similar to those now being offered at Mount Sinai Medical Center and several other medical institutions in the metropolitan area to ground zero workers. The bill would also reopen the September 11th Victim Compensation Fund to help those injured by exposure to the dust recover financial losses related to their illnesses. The bill does not include cost estimates for medical screening, treatment or compensation. Edward Skyler, the New York City deputy mayor for administration, who testified on Tuesday before the health subcommittee of the House Committee on Energy and Commerce, said that Mayor Michael R. Bloomberg supported reopening the fund because it would “enable the city to get out of the courtroom and focus its energies on helping those who continue to struggle with the aftermath of 9/11.” In Albany, Gov. Eliot Spitzer added his strong support on Tuesday to passage of the bill. The city is facing more than 8,000 lawsuits by workers who labored in the cleanup and recovery operation at ground zero in 2001 and 2002 and who say they became sick because the city was negligent about their safety. “New York City would rather stand with those who’ve filed suit, rather than against them in a courtroom,” Mr. Skyler said. Tuesday’s hearing was the fourth in a week to deal with health issues related to ground zero. Since Democrats gained a majority in Congress, those issues have received far more attention than in previous years, and the New York delegation is hoping that Democratic control of Congress will make it easier to get the legislation approved. The Zadroga bill is named for a New York City detective who died in 2006 after spending hundreds of hours at ground zero. His death was the first to be officially linked to exposure to the dust. The legislation was sponsored by Carolyn B. Maloney and Jerrold L. Nadler of Manhattan, both Democrats, and Vito J. Fossella of Staten Island, a Republican. Despite the bipartisan support for the legislation, it could face significant obstacles. Representative Frank Pallone Jr., a New Jersey Democrat who is chairman of the health subcommittee, which has jurisdiction over the health care part of the legislation, said he expected to see objections to the bill from Republicans opposed to big government programs as well as from those worried about the cost of such programs. Dr. John Howard, the federal government’s 9/11 health coordinator, testified at Tuesday’s hearing that a federal task force studying options for a comprehensive health plan for ground zero workers completed its work last April and had not met since then. He said the government needed to see actual costs for thousands of ground zero workers who had received examinations and prescription drugs in New York and other places before making a final decision on the shape, and possible costs, of a long-range plan. (NYTimes, by Anthony DePalma, Sept. 19, 2007)
- To Some, Hiring of Top Criminal Lawyer Suggests Worries in Deutsche Bank Case ... Criminal defense experts said yesterday that the Bloomberg administration’s hiring of a widely respected defense lawyer to represent the city in the criminal investigation into the fatal Deutsche Bank fire last month suggests that it is concerned that prosecutors are focusing on city agencies as possible defendants. On Monday, the office of the corporation counsel, Michael A. Cardozo, released a brief statement saying it had hired the lawyer, Gary P. Naftalis, to represent the city in the investigation into the Aug. 18 fire at the contaminated building, where two firefighters died. The statement said Mr. Naftalis and his firm had been retained to help city lawyers respond to the storm of subpoenas issued by the office of Robert M. Morgenthau, the Manhattan district attorney, to advise the city and “to appropriately and fully cooperate” with the inquiry. Yesterday, Mr. Cardozo’s office would not comment further on the reasoning behind the hiring, and a spokeswoman declined to discuss whether the city was concerned that prosecutors were exploring possible criminal culpability on the part of city agencies in the deaths. Several criminal defense lawyers said yesterday that the hiring of Mr. Naftalis, a highly regarded criminal defense lawyer with wide experience in complex criminal cases, and his firm, Kramer Levin Naftalis & Frankel, was an indication of the city’s level of concern that prosecutors might explore whether city agencies the Fire and Buildings Departments would face charges. “The concern appears to be that the D.A.’s office might consider, on the local level, what the Department of Justice has made many pronouncements recently on the federal level the criminal liability of companies or business organizations,” Alan Vinegrad, a former United States attorney for Brooklyn, said by e-mail. “In this case, it would also involve the somewhat novel application of that principle to the city.” At the same time, some defense lawyers cited a range of other possible reasons for the hiring, including the relative inexperience of the corporation counsel lawyers in criminal investigations and in dealing with the mass of records sought by prosecutors. Connie Pankratz, a spokeswoman for Mr. Cardozo’s office, said Mr. Morgenthau’s office had not notified the city that it was a subject of the investigation. “We’re only at the point that we’re responding to subpoenas,” she said in a telephone interview. Later, in an e-mail message, she said the city was cooperating fully with the investigation. “Both the city and the D.A. have similar goals: to determine what happened and prevent something like this from happening again,” she said. The fire at the former bank headquarters at 130 Liberty Street, alongside ground zero, exposed a tangle of mysteries about the ill-fated deconstruction project, which has stalled several times over the last three years, and a series of possibly fatal missteps. The city and private contractors failed to conduct required safety inspections at the building and thus never learned that someone had removed a key section of standpipe, a pipe to which fire hoses are connected, in an apparently deadly act that delayed firefighters’ efforts to get water on the blaze. The firefighters were confronted with difficult conditions when they arrived at the building, where the asbestos abatement and dismantling work had transformed the office tower into a maze of plywood and polyurethane sheets and blocked stairwells. Ms. Pankratz said on Monday that Mr. Naftalis, whose firm will charge a discounted hourly rate ranging from $265 to $660 per hour, would represent the Fire and Buildings Departments, the agencies responsible for conducting some of the inspections. Prosecutors, speaking about the case generally, have said they are examining whether negligence led to the deaths. The investigation is far-reaching, examining not only how the fire started and how the firefighters died, but also on how a contractor with questionable ties was selected by the construction manager, Bovis Lend Lease, and approved by the Lower Manhattan Development Corporation, which owns the building. Daniel J. Castleman, a senior aide to Mr. Morgenthau who is overseeing the inquiry, would not discuss details of the case yesterday or say how many prosecutors and investigators had been assigned. But he said it was “obviously a priority.” “People are working around the clock to ensure a complete and thorough investigation,” he said. Asked about the hiring of Mr. Naftalis yesterday, Mayor Michael R. Bloomberg said it was in essence good news that the 700-lawyer corporation counsel’s office did not have much experience in criminal law. “We haven’t needed a lot of expertise in criminal law, but here there are charges that may be brought, criminal charges maybe they won’t be brought but we don’t have that expertise, so we’ve gone outside,” he said. “We have offered criminal help, legal help to any of our employees who need it.” (NYtimes, by William K. Rashbaum and Charles V. Bagli, Sept. 19, 2007)
- LEGAL AID IN DEUTSCHE FIRE ... The city is offering free legal help to any of its workers who might face criminal charges in the deadly Deutsche Bank blaze, Mayor Bloomberg said yesterday. "We will help anybody who needs legal services," said the mayor. "We treat all our employees exactly the same." Bloomberg insisted the free representation by a high-powered outside legal firm wasn't unusual and was intended to "make sure that this city is represented by people who know what they're doing." On Monday, the city Law Department announced that it had hired the firm of Kramer Levin Naftalis & Frankel to help it handle an investigation by the Manhattan DA's Office into the Aug. 18 fire that took the lives of firefighters Robert Beddia and Joseph Graffagnino. (NYPost, by Dvid Seifman, Sept. 19, 2007)
- White Men With Money: The City Lawyers Up ... The Bloomberg administration is facing a heap of subpoenas in the wake of the Deutsche Bank fire that killed two firefighters. So the office of the city's Corporation Counsel is hiring a criminal-defense lawyer, Gary Naftalis, ostensibly to help them sort out which documents to turn over to the investigators. This is, needless to say, an interesting move. City Hall's la-di-da press release says it needs "sufficiently knowledgeable attorneys in order to " fully cooperate" (because, you know, that's what criminal defense does, cooperate). Somehow, we're not thinking Naftalis will be doing what amounts to glorified document review. The man is a co-chair of Kramer Levin, a litigation boutique specializing in ultra-high-profile white-collar litigation; he has a rich (weak pun intended) history of getting wealthy white dudes out of massive trouble, having successfully defended Michael Eisner from Disney shareholders and Salomon Brothers from the SEC. Not that we're implying Bloomberg's in trouble over this, but hiring a guy like Naftalis to "cooperate" is like using a chainsaw to "mend fences." (NYMagazine, 9/18/07)
- Manhattan DA Questions FDNY In Deutsche Probe -- City Hires Expensive Lawyer To Help Craft Defense ... (wcbstv, Marcia Kramer, Sep 18, 2007 )
- City Hires Criminal Lawyer for Deutsche Bank Defense ... The Bloomberg administration announced yesterday that it had hired a top-flight criminal defense lawyer to assist it in defending city agencies in a criminal investigation into the deadly fire at the former Deutsche Bank headquarters last month. ... The investigation is broad, focusing not only on the firefighters’ deaths, but also on the actions of several contractors and city agencies and the Lower Manhattan Development Corporation, which is overseeing the dismantling of the building alongside ground zero. The development corporation, which has also come under scrutiny and has been issued subpoenas for documents, has not hired a defense lawyer, according to its spokesman, Errol Cockfield. The prosecutors are examining the work of several contractors and looking into why the building had not been properly inspected by the city. They are also seeking to determine how a company with little experience was hired by the general contractor, Bovis Lend Lease, and approved by the development corporation for the $60 million contract to dismantle the building. ... Relations between the city and prosecutors in the office of District Attorney Robert M. Morgenthau have been tense. Two weeks ago, the city sought to meet with several firefighters in advance of their appearance at Mr. Morgenthau’s office, where prosecutors later interviewed them about their experience fighting the Deutsche Bank fire. Connie Pankratz, a spokeswoman for the corporation counsel’s office, said in an e-mail message that Mr. Naftalis and his law firm, Kramer Levin Naftalis & Frankel, would represent “the city and various city agencies,” not any individual city officials or rank-and-file workers. ... Kramer Levin has agreed to reduce by 20 percent its normal hourly charges, and the rates it will charge will vary, she said, depending on the level of lawyer working on the case, from a high of $660 per hour to $265 per hour. ... (NYTimes, by William K. Rashbaum, Sept. 18, 2007)
- CITY HALL LAWYERS UP ... The Bloomberg administration said yesterday that it had engaged Gary Naftalis, one of the nation's top trial lawyers, as outside counsel regarding District Attorney Robert Morgenthau's ongoing criminal probe of the Deutsche Bank fire. .... The announcement came two days after The New York Times reported that FDNY brass had directed several firefighters who were present at the Aug. 18 blaze to meet with city lawyers before sitting down with Morgenthau's investigators. Why City Hall would want to get between Morgenthau and witnesses to a potential crime is a mystery. (NYPost, Sept. 18, 2007)
- Feds: Deutsche Bank demolition came close to disaster ... The Deutsche Bank demolition job is a nightmare of safety violations and near disasters, with subcontractor John Galt Corp. repeatedly misleading regulators, documents charge. Weeks before the Aug. 18 blaze that killed two firefighters, Galt workers accidentally set a safety net afire (click link to see document) and dropped molten steel on some scaffolding. Galt workers doused the fire without calling the Fire Department. Galt also assured the state that a crucial standpipe that failed during the fatal fire was tested and in "working condition" in April 2006. After the fire, inspectors discovered a piece of the pipe had been cut and removed. The Manhattan district attorney and the state attorney general are investigating the cause of the fire and trying to determine responsibility. An increasing number of incidents leading up to the fire are found in internal reports by inspectors for the federal Environmental Protection Agency and an EPA consultant, CH2M Hill of New Jersey, from March 21, 2006, through this Aug. 16 - two days before the fire. The records show regulators were constantly citing Galt for numerous problems. At times, Galt appeared to be trying to deceive its overseers. For instance, on June 9, 2006, the subcontractor claimed a pile of debris had been cleaned of toxic dust and passed air and wipe tests deeming it safe for disposal. Galt couldn't provide documentation, so the EPA decided to check it out. On the 35th floor, the EPA discovered the material was still filthy with toxic dust. After complaining that Galt was wasting their time, regulators confronted Galt executive Don Adler. "Adler stated something to the effect that this building isn't subject to any regulations, (click link to see document) so what standard could it possibly fail?" EPA inspector Bob Fitzpatrick wrote. Another Galt executive, Mitch Alvo, made several excuses. Fitzpatrick noted: "He seemed to know that the material wouldn't pass the regulators' inspection and was trying to justify it." Galt executives did not return a call seeking comment. More than a year later, on July 5, Fitzpatrick noted two containers with "large amounts of dust and debris" that were reported to have been cleaned. "This is a constant and recurring problem," he wrote. It wasn't just dust. Eight days later, inspectors watched as workers dumped contaminated water through a hole in the 20th floor. The pervasiveness of problems appears to have led a key safety inspector to simply throw up his hands. In a March 1 visit, regulators said they confronted Bovis Lend Lease site safety manager Jeff Melofchik about numerous workers without proper hardhats or other protective gear. The report says Melofchik "stated he was aware of the problem but didn't think it was going to be fixed." A Bovis spokeswoman said Melofchik denies making such a statement and insists he tried to correct the problems "immediately." One of the worst days came on July 31, weeks before the blaze that killed Firefighters Robert Beddia and Joseph Graffagnino. That day, CH2M Hill said Galt workers cutting steel on the 28th floor set afire safety netting hanging outside the building. Galt workers doused the blaze with extinguishers and a water hose. Inspectors on the 23rd floor saw "pieces of molten metal" falling from above and landing on outside scaffolding. Finally, they asked a Galt "management specialist" to identify the contents of drums of toxic waste that were to be transported from the building. "After 15 minutes, it becomes apparent that the specialist is not really sure what is in each drum," the consultant wrote. Two days later, the city Buildings Department ordered all burning work halted, issuing a violation for unsafe storage of combustible materials, records show. ... (NYDaily News, by Benjamin Lesser & Greg B. Smith, September 18, 2007)
- Earlier Deutsche Bank fire not reported ... The fire department was never called to a smaller and earlier fire in the condemned and contaminated building -- and that raises a most disturbing question: if the department had been notified and known about the dangers in the building, could the deaths of two firefighters have been prevented? The Investigators Jim Hoffer has more. Much of the news about the Deutsche Bank fire has focused on bureaucratic blundering at the FDNY. But in a report, it's the owners and operators at the project site that may have blundered by letting the fire department completely out of the loop about an earlier fire. Twenty five maydays during the Deutsche Bank fire, it is a miracle more firefighters didn't die. But now there's evidence perhaps that the entire incident and the two fatalities could have been avoided had someone paid more attention to this. It's a report from an EPA inspector, obtained by Eyewitness News, that reveals that just 18 days earlier, a small fire broke out just one floor above where firefighter Robert Beddia and Joseph Graffagnino died. The inspector notes in his July 31st visit "that netting outside of the building had caught fire from sparks generated from hot cutting." "This document shows there were fires occurring in the building. This is a gigantic red flag for people that fire safety needed to be looked at in this building," said John Jay College of Fire Science Professor Glen Corbett. But we've confirmed that no one at the Deutsche Bank site ever called the FDNY about the July 31st fire, even though the Lower Manhattan Development Corporation's emergency action plan specifically states that in the event of a fire, the contractor must "call 911." "Had they been notified there was a real likelyhood that steps would have been taken to ensure fires didn't occur, there would have been much more scrutiny," Corbett said. This construction safety attorney goes one step further. "If they had done what they should have done, reported this accident, had proper inspection by fire department,this second fire would not have happen because the job would have been shut down," said construction safety expert Jeffrey Manheimer. A spokesman for the LMDC, which has oversight for the project, says "the fire was not big enough to call the FDNY. It was a small fire that only required the use of a fire extinguisher." But an FDNY spokesperson told us simply, "We should have been called." The construction safety expert offers one reason that they weren't. "They buried it .... time is money on these construction projects ... I understand a substantial bonus if they complete the project under schedule ... that's always an incentive," Manheimer said. One firefighter told us had the FDNY been called on the earlier fire, they may have discovered that the stand-pipe had been dismantled. We should note though that the fire department also failed to conduct mandatory fire inspections. If you have a tip about this or any other story, please give our tip line a call at 877-tip-news. (New York- WABC, September 17, 2007)
- $HAKY GROUND ... The obscure state agency charged with coordinating about 60 construction projects downtown - including demolition of the former Deutsche Bank building - is going broke, The Post has learned. Not only has the Lower Manhattan Construction Command Center, which is under Gov. Spitzer's control, been blamed for mismanaging deconstruction of the bank building at Ground Zero, it apparently can't even manage its own budget. State agencies have refused to transfer millions of dollars to the LMCCC, which has authority over every project south of Canal Street worth more than $25 million, because it cannot provide a satisfactory plan of how the funds would be spent. Unless changes are made, the LMCCC will have a $3 million deficit by next month, said sources with direct knowledge of the budget. For instance, the Port Authority, which has several megaprojects downtown, including the World Trade Center transit hub and the Freedom Tower, hasn't paid a cent of the $21.7 million it promised last year. The money is "contingent on completion of an agreement on how the funds will be used. Since the agreement has not been completed, the funds have not been transferred," PA spokesman Steve Coleman said. LMCCC leaders, including ex-Executive Director Charles Maikish and current head Robert Harvey, have come under fire for their handling of the demolition of the contaminated bank building. After an Aug. 18 blaze at the site killed two firefighters, it emerged that numerous safety hazards that contributed to the fire had been ignored. "We are confident that our partners will fully satisfy their funding commitments," said Errol Cockfield, a spokesman for the state-run Lower Manhattan Development Corp., which manages the LMCCC. The LMCCC has a five-year, $67 million budget, but Cockfield declined to discuss the state of its finances or why it can't document where the money would go. The MTA committed $10.4 million to the LMCCC, but also hasn't transferred any cash. Jeremy Soffin, an MTA spokesman, said the matter was being looked into. And the state Department of Transportation's $2.6 million commitment has yet to reach the LMCCC's coffers. (NYPost, by Chuck Bennett, September 17, 2007)
- Council Takes Agenda to Washington ... Securing money for the health needs of rescue workers and other responders at the World Trade Center site on and after September 11, 2001, is the City Council's top legislative priority when it travels to Washington today to lobby for its federal agenda. The council delegation, led by Speaker Christine Quinn, is scheduled to meet with the speaker of the House, Nancy Pelosi, members of the New York congressional delegation, the president and CEO of the National Housing Conference, Conrad Egan, and Senator Stabenow, a Democrat of Michigan who is chairwoman of the Senate's Democratic Steering and Outreach Committee. Rep. Joseph Crowley, a Democrat who represents parts of the Bronx and Queens, is hosting a reception tonight for the delegation, expected to include 24 council members. It is the first time Ms. Quinn is traveling to Washington with a delegation to roll out the council's federal agenda. The trip is paid for with public money that comes from each council member's individual budget. Members make their own travel and accommodation arrangements. ... (NYSun, by Grace Rauh, Sept. 17, 2007)
- L.M.D.C. agrees to reseal Deutsche after low dioxin levels are found ... Safe air and a working emergency notification system topped a long list of community demands crafted this week in the wake of the deadly Deutsche Bank fire. On Wednesday, Environmental Protection Agency spokesperson Mary Mears said that at least one of those demands will be met “shortly.” After three weeks of community insistence and two strongly worded letters from the E.P.A., the Lower Manhattan Development Corporation has agreed to reseal the Deutsche Bank building to prevent toxins from escaping into the environment, Mears said. The L.M.D.C. had previously said it would not reseal the structure until remedial repair work on the building was complete and all of the project’s regulatory agencies had hammered out a new safety plan for the site. Mears said that the agreement to reseal the building was reached during a Wednesday meeting between E.P.A. Region 2 administrator Alan J. Steinberg, L.M.D.C. Chairperson Avi Schick and Dep. Mayors Ed Skyler and Dan Doctoroff. As of press time, the agencies’ technical experts were busy working out the specifics of exactly when and how the resealing would take place. “This is the right step,” said Community Board 1 vice chairperson Catherine McVay Hughes when she learned of the L.M.D.C.’s change of heart. “It’s terrific that all the agencies now are working together to keep our neighborhood healthy and safe.” At an emergency C.B. 1 meeting last Wednesday night the third such meeting in as many weeks officials, including a contrite Skyler, came with the intent of discussing a new community notification plan for the Deutsche Bank project and other potential emergencies citywide. However, the discussion often veered into other areas, as local residents chastised the L.M.D.C. for failing to heed, or even respond to, community reservations about the Deutsche project prior to the fire. Board members and activists alike also expressed grave concerns about the L.M.D.C.’s apparent reluctance to follow the E.P.A’s recommendations for dealing with the contaminated building. Their environmental concerns were heightened two days later, when the E.P.A. revealed that elevated levels of dioxins had been released from the building 10 days after the fire, though not at harmful levels. “I cannot tell you how very disappointed we are that the green governor who appointed you would allow you to press for a downgrade [on environmental safety],” Kimberly Flynn of 9/11 Environmental Action told Schick at the Sept. 5 meeting. .... (Downtown Express, By Skye H. McFarlane, September 14 - 20, 2007)
- AP Analysis: 9/11 health issue tests Clinton's clout ... Sen. Hillary Rodham Clinton and her fellow New York Democrats will soon face a major test of their clout in Congress: whether they can deliver health care to sick ground zero workers. For years, New York politicians - none more prominent than Clinton - have blasted President Bush for not doing enough to treat those who are sick years after working on the toxic rubble of the World Trade Center. Now that Democrats are the majority in Congress and Clinton is the party's presidential front-runner, there is new hope among ground zero workers for health care - and compensation. ... (AP/Newsdsay, by Develin Barrett, Sept. 16, 2007)
- Editorial: A date that changes with time ... Life and death questions related to Sept. 11 also remain in Lower Manhattan. The tragic deaths of two firefighters last month at a building damaged by the collapsing Twin Towers are the source of many of them. Government indifference put those men’s lives at risk unnecessarily and there continues to be a disturbing unwillingness of many to take responsibility. The future health of some of those who worked cleaning up the W.T.C. and those who lived, worked and studied near the site is uncertain. We were pleased to see House Speaker Nancy Pelosi in our neighborhood this week announcing her support for a bill to provide health coverage to those affected by the attack. We hope and expect that New York’s mostly-Democratic Congressional delegation will now be able to get this important legislation passed and perhaps even Bush can be persuaded to sign a bill whose beneficiaries include uniformed officers who sacrificed their health responding to the attack. ... (Downtown Express, September 14 - 20, 2007)
- Firefighters in Bank Blaze Said to Have Ignored Order to Consult City Lawyers ... Fire Department officials directed several firefighters last week to meet with city lawyers before they were questioned by the prosecutors investigating the deadly fire at the former Deutsche Bank building, according to several people involved in the matter. The firefighters ignored the directive to report to the corporation counsel’s office two hours before their 10 a.m. appointment with prosecutors from the office of the Manhattan district attorney, Robert M. Morgenthau, on Sept. 6, the people involved said. Instead, the men and their union lawyers went directly to Mr. Morgenthau’s office, where they recounted their experiences during the Aug. 18 fire, which killed two of their colleagues. Neither the Fire Department nor lawyers from the office of the corporation counsel, Michael A. Cardozo, notified prosecutors of their plan to meet with the men before they talked to prosecutors about the fire, which is the subject of wide-ranging criminal investigation, several of the people said. Mr. Morgenthau, through a spokeswoman, declined to comment on the city’s directive. But in 2003, when corporation counsel lawyers attempted similar interviews with city employees involved in a Staten Island Ferry crash, federal prosecutors strongly criticized the Bloomberg administration. The city’s actions at the time, the prosecutors said, “had a chilling effect on the candor of some city employees,” limited the ability of city investigators “to get at the truth,” and significantly slowed the inquiry. A spokeswoman for Mr. Cardozo said yesterday that he had no comment on the matter. Relations between Mr. Morgenthau’s office and City Hall have become strained as prosecutors press their investigation into the fire at the contaminated former bank building, which looms over ground zero and is both an ugly reminder of 9/11 and of the government’s slow progress in rebuilding Lower Manhattan. Prosecutors are focusing not only on the firefighters’ deaths, but also on the actions of several contractors and city and state officials and agencies. The city faces potentially significant civil liability in the case. In particular, prosecutors are reviewing the work of several contractors, examining why the building had not been properly inspected by the city, and exploring how a company with little experience was approved by the Lower Manhattan Development Corporation for the $60 million contract to demolish the building. Firefighting units that responded to the blaze in the Deutsche Bank tower found that demolition work had created difficult conditions. A standpipe used to deliver water to the upper floors had been dismantled, forcing fire companies to improvise with their own system of hoses, a procedure that delayed getting water on the fire. Required inspections in the building, including tests of the standpipe, had not been done, and the stairwells had been sealed as part of efforts to remove asbestos. Mayor Michael R. Bloomberg has said that the city will assist the investigation by Mr. Morgenthau and a separate inquiry by the state’s attorney general, Andrew M. Cuomo. “We are cooperating fully with those investigations,” he said at a press conference several days after the fire, “and will take no steps that could interfere with them.” Tom Butler, a spokesman for the Uniformed Firefighters Association, which represents the firefighters, said he could not comment on the city’s actions, citing the investigation. The tensions between the prosecutors and City Hall developed when Mr. Cardozo’s office sought to have city lawyers present when city employees were questioned as part of the inquiry, several people have said. But prosecutors in Mr. Morgenthau’s office rejected that idea. The firefighters questioned last week were not targets of the inquiry, according to several people involved in the matter, and were represented by their union lawyers. They were part of a group of nine firefighters and one fire captain who were interviewed on Sept. 6. One person who has been briefed on the city’s handling of the matter said that the corporation counsel’s office had sought a meeting with the firefighters, not to debrief them, but to offer that city lawyers represent them in the interviews. ... Questioning of city employees by their superiors or city lawyers can, in some instances, cause problems in criminal investigations. When city employees are questioned under oath by the city before they speak to prosecutors, their statements cannot be used against them in a criminal proceeding; that is why police officers involved in fatal shootings are almost never questioned by police officials before prosecutors have a chance to conduct their own inquiry. (NYTimes, by SWilliam K. Rashbaum & Charles V. Bagli, September 15, 2007)
- Variance Reopening Request to OEM Meeting Letter from TRC/LMDC ... (09/14/07)
- Pelosi backs 9/11 health bill ... House Speaker Nancy Pelosi came to the World Trade Center site Monday and announced her support for federally funded health care for anyone suffering from 9/11-related illnesses. ... Pelosi, a Democrat from San Francisco, mentioned ground zero workers but not residents during the Monday press conference and did not respond when Downtown Express questioned her about it as she was leaving the site. ... U.S. Rep. Jerrold Nadler, who will be one of the legislation’s sponsors, said Pelosi has told him privately that she supports covering residents and he guaranteed that residents would not be cut out of the effort to provide health coverage. “They will not be negotiated out of the bill,” Nadler said. “Period.” ... Some Downtown residents attribute their new or worsened asthma, other respiratory ailments or cancer to their exposure to the toxic plume and dust released on Sept. 11, 2001 and in the subsequent months while the W.T.C. fires continued to burn. Etta Sanders, 50, a Downtown resident and Tribeca Trib reporter, died of lung cancer on June 5 and she connected her cancer to 9/11 in an essay the Trib published posthumously. Nadler, whose district includes the W.T.C., introduced similar 9/11 health legislation last year as did a fellow Democrat, Sen. Hillary Clinton, who has a bill that would provide $1.9 billion in coverage. The new House bill’s language has not been finalized, but its other New York sponsors will be U.S. Representatives Carolyn Maloney, a Democrat, and Vito Fossella, a Republican. Most of the New York delegation supported last year’s bill but it did not get far in the Republican-controlled Congress. In order to be eligible for coverage under the new House bill, participants would need to have their illness connected to 9/11 by a “Center of Excellence,” or health facility that has been treating 9/11 ailments such as Mount Sinai or Bellevue, and then confirmed by the National Institute for Occupational Safety and Health. NIOSH would fund the program, not Medicare, as was proposed last year. The bill would also provide federal monitoring of anyone exposed to 9/11 toxins and reopen the 9/11 Victim Compensation Fund to people who suffered economically because of a 9/11 illness. ... (Downtown Express, by Josh Rogers, September 14 - 20, 2007)
- Ex-NFL star Martin starts walk to raise US$10 million for 9/11 rescue workers ... "I've been termed a hero for playing a kids' game at a pro level, and that does not rise to the level of heroic," Martin said Saturday. "I think of 9/11, when I saw people respond and put their health, their careers, their lives in jeopardy." Six years later, there is evidence that many rescue and recovery workers could be in danger from lethal or crippling illnesses linked to their time at ground zero. Martin, 54, hopes to raise US$10 million for these victims with a cross-country walk, heading from the George Washington Bridge to the Golden Gate Bridge. ... (Canadian Press/AP, Sept. 16, 2007)
- Ayn Rand’s Literature of Capitalism ... She sold several screenplays and intermittently wrote novels that were commercial failures, until 1943, when fans of “The Fountainhead” began a word-of-mouth campaign that helped sales immensely. Shortly after “Atlas Shrugged” was published in 1957, Mr. Greenspan wrote a letter to The New York Times to counter a critic’s comment that “the book was written out of hate.” Mr. Greenspan wrote: “ ‘Atlas Shrugged’ is a celebration of life and happiness. Justice is unrelenting. Creative individuals and undeviating purpose and rationality achieve joy and fulfillment. Parasites who persistently avoid either purpose or reason perish as they should.” Rand’s magazine, The Objectivist, later published several essays by Mr. Greenspan, including one on the gold standard in 1966. Rand called “Atlas” a mystery, “not about the murder of man’s body, but about the murder and rebirth of man’s spirit.” It begins in a time of recession. To save the economy, the hero, John Galt, calls for a strike against government interference. Factories, farms and shops shut down. Riots break out as food becomes scarce. Rand said she “set out to show how desperately the world needs prime movers and how viciously it treats them” and to portray “what happens to a world without them.” The book was released to terrible reviews. Critics faulted its length, its philosophy and its literary ambitions. Both conservatives and liberals were unstinting in disparaging the book; the right saw promotion of godlessness, and the left saw a message of “greed is good.” .... “Rand believed that there is right and wrong,” he said, “that excellence should be your goal.” .... The book’s hero, John Galt, also continues to live on. The subcontractor hired to demolish the former Deutsche Bank building, which was damaged when the World Trade Center towers fell, was the John Galt Corporation. It was removed from the job last month after a fire at the building killed two firefighters. ... (NYTimes, by Harriet Rubin, Sept. 15, 2007)
- State 9/11 program investigates member’s cancer death ... State 9/11 program investigates member’s cancer death The state Health Dept. is investigating the death of Radio Repair Mechanic Glenford Pennington, whose co-workers and sister believe he died of cancer because of his work at Ground Zero. A Public Employee Press article on the Local 1087 member in June sparked the inquiry about Pennington, who succumbed to lymphoma cancer in 2006. Pennington, who was 49 at the time of his death, worked at Ground Zero on 9/11 and subsequently to clean and repair communication gear for the Fire Dept. The state Dept. of Health contacted the DC 37 Safety and Health Dept. after the article appeared to seek assistance in its investigation. The union referred the state to Pennington’s sister, Valorie Pennington, and PEP forwarded background information it had obtained while working on the story to the investigators. The state World Trade Center Responders Fatality Investigation Program is collecting information about the deaths of responders and volunteers who worked at the disaster site. In addition to establishing the cause of death, theinvestigation aims to determine whether Pennington’sillness is among a cluster of ailments associated with the fatalities of responders and volunteers, a state official said. Cancer link to deaths? Pennington’s case is significant because WTC medical investigators haven’t yet acknowledged a link between 9/11 deaths and cancers..... The state program investigating deaths related to the 9/11 disaster urges anyone with information on specific cases to come forward and help. The program needs workers’ names, dates of birth and death and causes of death. The information could lead to improvements in medical treatment and coverage of responders and could help the families ofresponders suffering from illnesses to receivecompensation. Anyone with information on the death of a responder should contact the program at WTCFatality@health. state.ny.us or call 866-807-2130 toll-free. (Public Employee Press, by Gregory N. Heires)
- Standpipe Blamed in Fire Is Recertified for Use ... A broken standpipe blamed for hindering the battle against a fire that killed two firefighters in the former Deutsche Bank building was declared operational yesterday, fire officials said. The declaration came more than three weeks after the fire; both the city's fire department and buildings department signed off on the repairs. Fire officials said a full hydrostatic test of the pipe was conducted meaning water was run through the pipe at pressures sufficient to reach the upper floors of the 26-story building. During the seven-alarm blaze at the building on August 18, fire marshals found that the standpipe had been dismantled. They later discovered that hydrostatic testing of the pipe, required every five years, had not been conducted in a decade. Contractors working in the building, along with its owner, the Lower Manhattan Development Corporation, are currently being investigated in a criminal probe into the fire. The building is being dismantled after it was damaged and contaminated by toxic debris when the twin towers collapsed in the attacks of September 11, 2001. Pieces of the pipe have been sent to an FBI laboratory to determine if it was purposely dismantled or blew apart under pressure when water pressure was turned on while a valve was shut. The results of that analysis have yet to be released. After the fire last month, the fire department required the LMDC to make other changes to improve fire safety inside the structure. ... (NYSun, by Sarah Garland, Sept. 14, 2007)
- Deutsche Bank: Community Worries About the Fire Next Time: NEW INITIATIVES ON NOTIFICATION AND OUTREACH; LMDC WEIGHS HALTING DECONSTRUCTION UNTIL DECONTAMINATION IS COMPLETE - GOVERNMENT OFFICIALS AND CONTRACTORS POINT TO EACH OTHER AND SAY “ASK THEM” - WHY HASN’T THE BUILDING BEEN RESEALED? ... The fallout from the Deutsche Bank fire on August 18 continues to unsettle residents of Lower Manhattan, whose frustration is compounded by the absence of meaningful answers about the tragedy that claimed the lives of two firefighters, and whether similar disasters can be avoided in the future. ... contention between LMDC and other agencies was aired when the public were invited to pose questions, and Kimberly Flynn asked why the Deutsche Bank building had still not been resealed, more than two weeks after the fire, when it is known to contain hazardous materials. When Mr. Schick explained that the process for getting this approved was complicated and time-consuming, Ms. Flynn asked EPA representative Pat Evangelista (who attended the meeting as an observer) to explain his agency’s position. Mr. Evangelista said, “EPA feels that the building should be resealed while other decisions are being made.” Mr. Schick replied, “we’ll do the best we can.” (The Battery park City Broadsheet, by Matthew Fenton, Sept. 11-26, 2007)
- DEUTSCHE STANDPIPE FIX ... The faulty standpipe in the former Deutsche Bank building that led to the death of two firefighters three weeks ago has finally been repaired, officials announced yesterday. The standpipe, which was supposed to send pressurized water throughout the building, was partially dismantled the day of the Aug. 18 fire that killed firefighters Robert Beddia and Joseph Graffagnino. The building, which is contaminated with toxic dust, was undergoing demolition. Careless smoking by a worker was blamed for the blaze. Meanwhile, more than two weeks after higher than normal levels of the carcinogen dioxin were detected around the building, officials agreed on a plan to reseal it. Officials could still give no firm date when the resealing work will begin. (NYPost, by Chuck Bennet, Sept. 14, 2007)
- Razzle Dazzle: The Smoke After the Fire ... Nearly four weeks after the Deutsche Bank building blaze in which two Firefighters were killed, the focus remains on what the Fire Department did wrong and who were the culprits. ... The warfare within the Fire Department, however, has turned the conversation away from the early targets of public ire: the contractor, Bovis Lend Lease and its since-dismissed subcontractor, the John Galt Corporation. It has also had the effect of giving a free pass to the Buildings Department, even though, according to several officials, it bears a greater responsibility than the Fire Department for ensuring that the deconstruction of the Deutsche Bank building was conducted safely and without posing fire hazards. Chief Siegel's memo from 30 months ago noted that because the fire alarm system at 130 Liberty St. was out of service, there was a "24 hour a day fire watch," meaning that individuals hired by the contractor were supposed to be walking through the building periodically to check for fire hazards. Glenn Corbett, an Associate Professor of Fire Science at John Jay College who has been active in an attempt to bring greater fire safety to all high-rises in the city, said that on more than one occasion in the past he had mentioned to his co-chair of the Skyscraper Campaign, Sally Regenhard, "This building is an incredible fire hazard." He said last week that he was astonished to learn of the routine violations by workers employed by the subcontractor - including the constant smoking that is now believed to have been the cause of the fire - because of the obstacles that were thrown up when he and Ms. Regenhard had attempted to have the building checked for human remains of the casualties of 9/11. 'Insane' to Use Plywood - Thirteen months ago, Mr. Corbett said, after being put through months of "enormous hoops and hurdles, including extensive medical checks," they were permitted to have an independent forensic anthropologist enter the building, leading to the eventual discovery of more remains. Because of the level of toxicity in the building, Mr. Corbett said, it was "absolutely insane" to use plastic and plywood during the asbestos-abatement work, even though that is fairly common in other buildings where such work is done. "Why weren't they using a lot more sheetrock or gypsum board?" he asked. "They did this on the cheap. The Lower Manhattan Development Corporation bears the ultimate responsibility, then Bovis and Galt. But this was not a building that the upper management of the Fire Department should have treated like just another building. The only logical people who should have been in this building [from the FDNY] were members of the Special Operations Command, who have Haz-Mat training, either as a special detail or on overtime. This building was so unique, and so obviously a problem, that it had to go to the upper echelons of the department."... Organized-Crime Link - The LMDC has been criticized for permitting Bovis to retain a subcontractor which had connections to individuals linked to organized crime. One former union official with experience in the construction business said that while it was true that Harold Greenberg had ties to the Gambino Crime Family, he was sufficiently knowledgeable about the deconstruction work involved that Bovis may have figured, "Give it to him, it'll be down in six months." But this official, who spoke conditioned on anonymity, added that even in a building under deconstruction where services were being cut, it would be standard practice to keep the standpipe and sprinkler system in operation for use on the floors below where the work was being done. ... 'Liars Cut Corners' - The former union official questioned the grounds under which Bovis and Galt asked for - and got - an additional $40 million for the deconstruction, saying that there was no reason they wouldn't have known from the outset how much work would be involved. But, referring to published reports that false information had been supplied to the city's Vendex system regarding the contractors, he added, "If your supervision is from somebody who lied to Vendex, you know they're going to cut corners." Another person with extensive knowledge of the Building Code, who also spoke on condition that he not by identified by name, said the brunt of the blame within the Bloomberg administration should rest with the Buildings Department. He pointed out that even the fire-protection provisions for construction are covered in the Building Code rather than its Fire Department counterpart. "These days they're throwing around stop-work orders like confetti," he said of Buildings Department officials. "But on this building, they seem to have deferred to 'Lower Manhattan.''' Nearly as troubling as what happened at 130 Liberty St., he said, is that this might mean Buildings has not been conducting regular inspections at Fiterman Hall, a Borough of Manhattan Community College building which, while smaller than the Deutsche Bank building has some of the same issues. (Ironically, he noted, a smaller Deutsche Bank property to its south at 4 Albany St. had been "deconstructed quickly and neatly. The contrast was remarkable.") 'Not Doing Their Job' - "Buildings is now run by the lawyers and administrators more than the architects and engineers," he said. "It's gotten very bloated, but not at the practical level, so they're not doing their job." He continued, "I think the high echelons in both [city] departments vacated their responsibility." It was hard to believe, he said, that the decision not to conduct fire inspections would have been made by Mr. Bosco, the Captain of Engine Co. 10, which is right across the street from the Deutsche Bank building. "I don't think they would be taking it upon themselves to say, 'Screw it, I'm not going in there.' They would be the first-responders if there was a fire; they're the ones who are going in there." It's possible that a combination of sloth and the resistance among many firefighters to doing building inspection work led to the monitoring of the Deutsche Bank building falling through the cracks. But firefighters who advance up the ranks tend to be people who believe in process and the chain of command, and so it's hard to believe that three officers would have neglected their responsibilities without first asking for direction from higher up. The Profit Motive - It seems far more plausible that those with an interest in getting the building down quickly - either because that's what they were paid to do or because they stood to profit from the building that would go up in its place - would have been less than scrupulous about how it was accomplished. And so even Mr. Cassidy, who last week was calling for the heads of the Fire Department to be subpoenaed to testify by the Manhattan DA's Office, seemed to understand that the biggest culprits - those most likely to face criminal charges - will be found outside the agency which has been under the high-beams of the media for the past four weeks. (The Chief, by Richard Steier, 09/14/07)
- Wants Agency Heads Grilled: UFA Leader: FDNY Probe a Whitewash ... The Chief-Leader/Michel Friang - 'SHIFTING THE BLAME': Uniformed Firefighters Association President Steve Cassidy accuses the Fire Department of a cover-up for allegedly not looking into pre-fire procedures in its investigation of the fatal Deutsche Bank Building fire. He also called for the Department of Investigation to look into who leaked information about the probe to the Daily News. ... (The Chief, by Ari Paul, 09/14/07)
- Cleaners File Suit Over Pay for Jobs Near Ground Zero ... Nine workers who spent months after the Sept. 11 attacks cleaning offices, apartments and stores near ground zero filed a lawsuit yesterday against several of their former employers, accusing them of wage violations, including not paying overtime. The suit, filed in State Supreme Court in Manhattan, says the workers often put in 70 or more hours a week, but did not receive time-and-a-half pay for overtime, while the companies profited greatly. ... Lawyers for the workers said they hoped the suit would be certified as class action, representing more than 1,000 low-wage workers, most of them immigrants who were hired by several companies to clean up hundreds of buildings around the World Trade Center site. The buildings included churches, hospitals and government offices. The suit says that the companies ignored state labor laws by often paying workers, like Ms. Gil, a flat $60 fee for an eight-hour shift, without paying overtime when they worked double shifts or seven-day weeks. ... About a dozen companies are named as defendants, including Maxons Restorations, based in Manhattan; Crystal Restorations, in Port Chester; and Milro Services, in Freeport. “These companies profited a great deal from this work,” Mr. Swartz said. “But we know that some companies that did cleaning work down there didn’t violate wage and hour laws.” The suit asserts that revenues at Maxons jumped to at least $40 million in 2001, from $10 million the year before. ... (NYTimes, by Steven Greenhouse, Sept. 13, 2007)
- Weeks After Fire, Deutsche Pipe Fixed ... A broken standpipe blamed for exacerbating a fire that killed two firefighters in the former Deutsche Bank building was declared operational today, fire officials said. The fire department and buildings department both signed off on the repairs to the standpipe today, more than three weeks after the fire, and declared the standpipe fully operational for fighting fires in the upper floors of the 26-story building. Fire marshals found the standpipe had been dismantled following a seven-alarm blaze at the building on August 18. Pieces of the pipe were sent to an FBI laboratory to determine if they had been purposely dismantled, or if they had blown apart under pressure when the pipe was turned on. The results of that analysis have yet to be released. ... After the fire last month, the fire department has required that the Lower Manhattan Development Corporation, the building's owner, make changes to improve fire safety there. Fire officials said today that all of those changes have been completed. (NYSun, by Sarah Garland, 09/13/07)
- Editorial: Swing the wrecking ball ... This is the same Buildings Department that lost control of the city's building boom and allowed a plague of cracked walls, shifting foundations and worker deaths. And it is the department whose inspectors failed to discover that a Deutsche Bank building standpipe had been disconnected, leading to the deaths of two firefighters. Two months ago, Commissioner Patricia Lancaster vowed to fix her agency. Enough is enough. She gets her act together or Mayor Bloomberg will have to do the job for her. (NYDaily News, 09/13/07)
- Hundreds a month apply for World Trade Center help ... Six years after the 9/11 attacks, more than 400 Ground Zero workers and volunteers are still signing up each month to be treated for a range of ailments, medical officials said yesterday. Thousands are suffering, and "respiratory illness, psychological distress and financial devastation have become a new way of life for many," said Dr. Philip Landrigan of New York's Mount Sinai School of Medicine. Landrigan and other specialists testified at a House Education and Labor Committee hearing on continued federal funding for worker treatment and planning for future natural disasters and terror attacks. ... Freddy Cordero, 41, of the Bronx, a Board of Education employee who worked the bucket brigade at the site, said his doctors have told him he has "the lungs of an 80-year-old." (NYDaily News, by Richard Sisk, 09/13/07)
- FDNY ripped in Deutsche deaths, but what about Bovis? ... Main contractor at Deutsche Bank, where two firefighters died, is also building WTC memorial. The supervising contractor ultimately accountable for safety violations that killed two firefighters at the Deutsche Bank building remains the lead contractor for the World Trade Center Memorial. That's right: Bovis Land Lease is still building the memorial to those who died on 9/11. This, even though it allowed its subcontractor to turn a building at the very edge of Ground Zero into a deathtrap that killed Firefighter Bobby Beddia and Firefighter Joe Graffagnino. "Today, Bovis is humbled, and privileged, to have been chosen," Bovis CEO Peter Marchetto said back in 2006, when the firm was named lead contractor for the memorial. Some argue that because the Deutsche Bank building was initially damaged on 9/11, Beddia and Graffagnino could be considered the 344th and 345th members of the FDNY to die as a result of the attack on the World Trade Center. Which would make Bovis Lend Lease the first construction company ever to build a memorial that includes heroes its negligence helped kill. The city was lightning quick to publicly shame three respected and dedicated fire supervisors for failing to ensure the Deutsche Bank building was inspected in the weeks before the fatal Aug. 18 blaze. Yet the evidence is even clearer that Bovis Lend Lease abjectly failed in its supervising responsibilities. How can officials discipline fire commanders for not detecting the hazards before the fire and not just as quickly seek sanctions against to the company that allowed those hazards to materialize in the first place? How can a distinguished deputy fire chief be deemed no longer worthy to command his division while Bovis retains the honor of building the memorial? And if there is continued grumbling that the highest levels of the FDNY should be held accountable for the Deutsche Bank fire, what about the entity that retained Bovis? The Lower Manhattan Development Corp. not only hired Bovis but approved the hiring of the subcontractor John Galt despite warnings from the city Department of Investigation that it is a shell company run by characters with shady pasts. Anybody who starts pointing a finger at the FDNY about the Deutsche Bank fire should shake a fist at the LMDC. At least we have one bit of proof that Beddia and Graffagnino did not die completely in vain. That came on Aug. 29, after the Fire Department inspected the site of another Bovis project at the old Queens County Family Court building on Parsons Blvd. The firefighters discovered plastic and plywood partitions such as had been erected for asbestos abatement at the Deutsche Bank building. They then came upon a more alarming similarity that was confirmed by the Department of Buildings. "Buildings inspectors noted that the standpipe was missing sections on the first floor," DOB later reported. Bovis later said the building was under 75 feet high and therefore was not required to have a working standpipe. DOB issued a stop-work order that it posted on the construction fence near the big sign reading BOVIS. "Work was being performed in a dangerous or unsafe manner," the notice announced. Bovis hired the Federated Fire Protection company of the Bronx, which repaired the standpipe and reported in an Aug. 31 letter that it had been "tested and is in proper working order." The FDNY certified that day that the standpipe had indeed been fixed. The Buildings Department lifted the stop-work order yesterday. The Queens job can now proceed as safely. "We're being as cooperative as possible," a Bovis spokesman said yesterday. One remaining question is how Bovis would have allowed any demolition job in a building of whatever height not to have a working standpipe in the aftermath of the double tragedy at the edge of Ground Zero. The much bigger question is how there came to be a severed standpipe and a host of other safety violations at the Deutsche Bank building. That question is being considered by the Manhattan district attorney as the work on the 9/11 memorial continues. (NYDaily News, by Michael Daly, 09/13/07)
- FDNY BOSS A CHOPPER DROPPER: UNION ... Union leaders blasted Fire Commissioner Nicholas Scoppetta yesterday, saying he ignored a plan to fight high-rise fires with helicopters and abdicated authority over the downtown skyscraper where two firefighters died last month. According to the firefighters' union, Scoppetta passed up a chance to use federal Homeland Security funds more than two years ago to help buy helicopters that could hold 1,000 gallons of water and shoot it at flames. Union officials said the aircraft could have saved the lives of Joseph Graffagnino and Robert Beddia, who died Aug. 18 when a high-rise fire at the former Deutsche Bank building grew out of control after a broken standpipe failed to deliver water to firefighters."If you had a high-rise fire without sprinklers or a working standpipe, how else are you going to fight the fire?" said Uniformed Firefighters Association president Stephen Cassidy. Top commanders, including then-Chief of Department Peter Hayden, urged Scoppetta in March 2005 to buy the copters. Hayden said they proposed paying $30 million for two or three regional-use helicopters, a purchase that would have been offset by Homeland Security funds. The commanders made their pitch just two days after a battalion chief wrote a March 22, 2005, "smoking gun" memo detailing a strategy for fighting a fire in the contaminated building. "It didn't go anywhere," Hayden, who retired last year, said of the helicopter proposal. "He didn't see the need for it." Scoppetta yesterday said it would be unsafe to use helicopters for high-rise fires in the city, and that they can be utilized only for observation. The Police Department makes its choppers available when needed, he said. (NYPost, by Samuel Goldsmith, Kaili McDonnough & Leonard Greene, 09/13/07)
- EPA and LMDC Agree on How to Proceed With 130 Liberty ... The EPA and the Lower Manhattan Development Corporation have reached an agreement on how to temporarily proceed at the former Deutsche bank building. REPORTER: Deputy Mayor’s Dan Doctoroff and Ed Skyler met EPA officials and LMDC head, Avi Schick. They committed to reseal the building site while preliminary work is done. REPORTER: Last week the EPA had taken the LMDC to task for not keeping it's public commitment to work with regulators and reseal the building to protect workers and the public from potential contamination. The site at 130 Liberty was severely damaged and contaminated on September 11th. REPORTER: The LMDC is still working on how it wants to approach the remediation and deconstruction of the building in the aftermath of last month's fire that killed two firefighters and destroyed environmental protections that had been put in place at the site. (WNYC, Bob Hennelly, Sept. 12, 2007)
- Variance Reopening Request from LMDC/TRC 130 Liberty Street Letter to NYSDOL (Sept. 12, 2007)
- Fire Chopper Could've Prevented Deutsche Tragedy? UFA President Slams FDNY Commish Over Failure To Act ... (wcbstv, Marcia Kramer, Sept. 12, 2007)
- Problems in Buildings ... To the Editor: “Burning Questions After a Blaze,” by Dennis Smith (Op-Ed, Aug. 31), talks about plenty of blame to go around with respect to the Deutsche Bank disaster. But maybe there is another side to this story that needs to be looked at. Many construction and demolition problems occur because of unrealistically low budgets or severe scheduling restrictions placed by the building’s owners when soliciting bids. Building owners trying to foist low budgets on contractors will generally require the contractor to cut corners. Unrealistically short schedules may cause the contractor to expedite work in such a way that worker safety or public protection is in danger. So maybe the Lower Manhattan Development Corporation ought to look at its bidding procedures. Did they not receive more bids for the work initially? Was denial of a reasonable profit for the contractor the cause? Or did they impose other restrictions that created an accident waiting to happen? (NYTimes, by Sidney M. LevyBaltimore, Aug. 31, 2007; published September 9, 2007 - The writer is a construction consultant.)
- Doctors: Long-term illnesses plague ground zero workers ... Doctors treating sickened ground zero workers offered Congress a detailed diagnosis Wednesday of the ailments still affecting thousands after the September 11 attacks, but warned that there's no way to determine how many more may become afflicted with life-threatening illnesses. Dr. Philip Landrigan of the Mount Sinai School of Medicine described three months of recent medical treatment to a House panel examining how many of those who toiled on the toxic debris pile are still sick -- or may get sick. Thousands of people "are still suffering," Landrigan said a day after the sixth anniversary of the September 11, 2001 attacks. Their ailments range from runny noses to laryngitis to lung disease, he said. "Respiratory illness, psychological distress and financial devastation have become a new way of life for many," he told the House Education and Labor Committee. He advocated leaving September 11-related medical programs in place to try to determine how many workers might develop long-term diseases. ... (CNN, 07/12/07)
- Doctors Testify Before House Committee On 9/11 Health Problems ... (NY1, September 12, 2007)
- State, EPA agree to seal contaminated WTC tower after fatal fire ... Workers will seal a contaminated ground zero skyscraper damaged in a fatal fire at the same time new fire safety measures are adopted in the building, officials overseeing the building's demolition said Wednesday. The former Deutsche Bank building's owner, the Lower Manhattan Development Corp., gave no timetable for when it would close windows on several floors that have been open to the elements since the Aug. 18 blaze, which killed two firefighters. Several more meetings will have to precede any work at the condemned building. But officials from the LMDC, the city and the federal Environmental Protection Agency agreed in a meeting Wednesday to simultaneously seal the building and complete necessary safety work, the EPA said. At a downtown Manhattan community board meeting last week, LMDC Chairman Avi Schick and Deputy Mayor Ed Skyler said the building would not be sealed until other safety work is completed; Schick said that could take weeks. An EPA official publicly criticized the move, and the agency wrote letters to the LMDC demanding that the building be resealed immediately. ... (NYNewsday/AP, September 12, 2007)
- UFA Head Says Helicopter Could Have Prevented Deaths At Deutsche Bank ... (NY1, September 12, 2007)
- Labor Committee Explores Lessons Learned After Failure to Protect World Trade Center Rescue Workers ... (News Release, September 12, 2007)
- House Democrats Challenge OSHA Efforts At World Trade Site ... (CQ HEALTHBEAT NEWS, By Mary Agnes Carey, Sept. 12, 2007)
- Ground Zero cleaning workers sue ... Workers who cleaned buildings of World Trade Center debris around ground zero after Sept. 11 sued several companies Wednesday that they say underpaid them while making millions in profits. Nine of the workers filed a suit seeking class-action status against a dozen private companies and employers who hired people to clean dust and debris from private office buildings and apartments after the Sept. 11, 2001, terrorist attacks.(Newsday/AP, September 12, 2007)
- Report Confirms Problems with EPA WTC Indoor "Test and Clean" Program ... The GAO is the non-partisan investigative arm of Congress charged with auditing and evaluating Government programs and activities. The report is titled, “World Trade Center: EPA’s Most Recent Test and Clean Program Raises Concerns that Need to be Addressed to Better Prepare for Indoor Contamination Following Disasters,” .... (Occupational Hazards, by Sandy Smith, Sept. 11, 2007)
- Former FDNY Commish: Deutsche Bank A 'Death Trap' -- EXCLUSIVE: Von Essen Says Department Partly At Fault .... (wcbstv, Sept. 11, 2007)
- Health Problems Linger For 9/11 Responders ... "First time in the history that we had a mixture of JP4 aviation fuel, with PCB's from fluorescent lights, from heavy metals like chromium from plumbing fixtures - all stirred together and released by this catastrophic disaster," said Dr. Ben Ho, 9/11 first responder. Dr. Ben Ho was among Oakland's elite search and rescue team dispatched to Ground Zero. Ho and his fellow team members experienced no lasting ill effects, but many others have. "We had 70 percent of our personnel that were ill when they came back. Very unusual. Many upper respiratory infections. People with pneumonia. Young people who had pneumonia. Bronchial infections. Bloody noses, skin rashes," said Chief Harold Schapelhoman, Menlo Park Search and Rescue. Menlo Park's Frank Fraoni spent 18 days at Ground Zero. "I ended up with a severe respiratory concern. I had coughs that probably lasted a good nine or ten months, continuous," said Fraoni, Menlo Park Search and Rescue. .... (abclocal, by Laura Anthony, Sept. 11, 2007)
- Choosing life, leaving town ... Jennifer Rosenberg planned to board a Hamptons-bound bus last night, not to enjoy the end of summer or to escape the constant construction near her Front Street apartment. She has a more basic need: safe air to breathe. Rosenberg, 43, returned to Lower Manhattan eight months after 9/11 to "give back" to her hometown. She had been living in Beaver creek, Colo., where the air was the "cleanest in the world," she said. But within months,Rosenberg began feeling the effects of expsoure to asbestos and other toxins released into the air following the Twin Towers" collapse. She has been diagnosed with chronic pulmonary disease and WTC asthma and fears she won't live to see 50. .... Rosenberg, who lives roughly 470 yards east and "downwind" from Ground Zero, has been told by EPA officials that while she is on their list for its latest round of air =quality testing, she must wait until other residential spaces closer to the site are analyzed first. Rosenberg resistered for the testing in February, according to e-mails obtained by Metero. Most of her neighbors have sealed their vents to keep out possible toxins, she said.... (Metro, by Joshua Rhett Miller, 09/11/07)
- Deutsche lessons in Fiterman Hall plan ... A spokesperson for the EPA said some minor changes to the deconstruction plan, such as using more flamee-retardant materials, were on the table." "There may have to be some adjustments to the approach taken at this building," said EPA spokesperson Mary Mears. "But we would not expect those changes to significantly delay [deconstruction], larely becuase it has not started yet." (Metro, by Michael Rundle, 09/11/07)
- Ground Zero May Be Making Even Well Protected Workers Sick ... The recent fire at the Deutsche Bank building and the controversy that followed has reminded people once again of the environmental hazards that were left behind after September 11th. While for many awareness of these problems has just been reawakened, thousands of workers who participated in cleanup efforts that followed the Twin Towers collapse believe they are ill, due to the dust they breathed back then. REPORTER: As part of our occasional series, “Feet in Two Worlds”, Ewa Kern-Jedrychowska has this report on one group of workers who were already accustomed to work with hazardous materials, and trained to protect themselves from them, but who still say that chemicals and contaminants floating in the air after the terrorist attack made them sick. Even under the best of circumstances, asbestos removal is a hazardous job. And Lower Manhattan after 9/11 was a hazardous place. Miroslaw Gorczkowski worked 4 months on the cleanup, mostly at the World Financial Center. Walking around the site 6 years later the images of the work he did back then keep coming back. .... Interview with Miroslaw Gorczkowski -- GORCZKOWSKI: in November I went through skull trepanation, because they discovered 2 tumor in my head, they gave me 5 month " they took 1 tumor away, and after that I was on intravenous drip, and I underwent rehabilitation, and then they took me to the hospital" all together I spent 7 months in the hospital"Yes I was learning how to walk again, I was learning to coordinate my movements, at first I couldn’t read, because I was not able to make sense out of words" I couldn’t go from line to line, but after a while I was able to do it" I still don’t read that fluently" but for myself it’s enough" REPORTER: Today, Miroslaw looks like an old and tired man. In 2006 doctors removed an abscess from his brain. After the surgery, at the age of 50, he had to learn to walk and read again. He was also diagnosed with diabetes, lung lesions, and chronic cough. Unable to earn a living, he was forced to move to a homeless shelter. Miroslaw was one of about 3,000 workers in Local 78 of the Asbestos Lead and Hazardous Waste Laborers. They worked around the World Trade Center site in the months following 9/11. They got ptaid the undion wage of $23.15 and hour plus benefits. The union at the time was comprised mainly of Polish immigrants many of them undocumented. Union treasurer Pawel Gruchacz says about 30 members have died since 2004. Interview with Pawel Gruchacz -- GRUCHACZ: prior to that we had some deaths, but the causes was accidents on the jobs and other reasons ' however we see the increasing number right after 9/11 but (((like I said,))) if that's the reason, it's not up to me to determine. REPORTER: Henryk Piesta died of heart failure in November 2004, a month after medical testing at Mt Sinai center found fluid and scarring in his lungs. Piesta had a history of heart disease. But his daughter Kasia believes that the toxins he was exposed to at the World Trade Center site hastened his death. ... (WNYC, by Eaw Kern-Jedrychowska, Sept. 11, 2007)
- EPA's Second Round of 9/11 Testing Falls Short ... As a result, none of the members considered the panel successful in meeting its established goals: to develop the second program; to identify unmet public health needs; to identify remaining risks using exposure and health surveillance information; and to determine steps to further minimize risk. Some members were so unsatisfied with the second program that they discouraged public participation. (OMB Watch, 09/11/07)
- Toxins Released at Deutsche Bank ... A small amount of toxic dioxin leaked from former Deutsche Bank building last month, following a fatal fire that led to the deaths of 2 firefighters. EPA officials say the release of dioxins a week after the blaze didn't reach dangerous levels. Nevertheless, the officials have ordered the building sealed immediately. An EPA spokeswoman says it's the first time its sensors have detected dioxins. State officials declined to comment on the report. Dioxins are a group of chemicals that come from plastic. (WNYC, 09/11/07)
- Jim Riches, FDNY Deputy Chief ... Deutsche Bank was a terrible tragedy. The standpipe being broken is criminal. LMDC and Bovis were required to maintain the standpipe operational. Where were the site safety managers of Bovis and daily inspections by them? .... We will protest around the states to let everyone know the Rudy failed to prepare for the WTC attacks. He failed miserably before, during and after 9/11. No drills at WTC from 1993 to 9/11/01. Radios failed in 1993 and again in 2001. Command center at 7 WTC. No unified command, No interoperable radios FD and PD. 911 operators telling people in South Tower to stay put even before plane hit South Tower, yet FD commanders at scene were calling for its evacuation. Lying about quality of air, and not obtaining proper face fitted respirators until Nov 2001 leading to 70% of 1st responders with 9/11 illnesses while Rudy was too busy to lift a finger to help them because he was making tens of millions of dollars capitalizing off 9/11. His legacy will be thousands of sick and dying first responders. ... (Gotham, 9/11/07)
- 6 Years Later, 9/11 Health Questions Linger ... (Washington Post, By E.J. Mundell, Sept. 11, 2007)
- Police Union To Offer 9/11 Follow-Up Via Health Screen Vans ... Of the 34,000 New York City police officers who responded to ground zero in the days and months following the September 11, 2001, terrorist attacks, only about a third have been screened for health problems by the city's main World Trade Center monitoring program, according to statistics quoted by a police union. As lawmakers consider reopening a fund to treat first-responders and others with illnesses related to the terrorist attacks that occurred six years ago today, police unions have been encouraging more of the police officers who were there to have their health checked. As a part of that effort, the Sergeant's Benevolent Association informed The New York Sun it is planning to send a van to visit each police precinct around the city starting next year so that police officers can be screened for illnesses without having to leave work. ... (NYSun, by Sarah Garland, Sept. 11, 2007)
- Cornell Study Examines Long-Term 9/11 Effects ... No matter where they were or what they were doing, all Americans were affected by the events of Sept. 11, 2001. A recent Cornell study has examined the specific effects of the tragedy on those who were in New York and in close proximity to the World Trade Center towers when they collapsed. The Cornell study, which examines those individuals who were in Manhattan and witnessed the attacks, found that those people may have experienced trauma on a significant enough level to change the way their brains process and react to emotional experiences. Emotionally and physically healthy individuals who have experienced trauma such as Sept. 11, but have not been clinically diagnosed with a stress-related disorder, such as post-traumatic stress disorder or depression, may still exhibit many of the symptoms of PTSD. These symptoms can include difficulty sleeping, distressing memories, and avoidance of the site even several years later. The appearance of these symptoms in a seemingly healthy and resilient individual can be indicative of the long-term effect that trauma may have on people’s brains. The study, conducted four years after the attacks, by Barbara Ganzel M.S. ’99, Ph.D. ’02, compared the brain scans of healthy individuals who were within one-and-a-half miles of the twin towers with those of other healthy individuals who were over 200 miles away at the time the towers fell. Using functional magnetic resonance imaging (MRI), the researchers were able to see how the brain responded when exposed to emotional stimuli; photographs of actors displaying fearful faces and calm faces. When exposed to the stimuli, individuals who were in the vicinity of the towers showed hyperactivity in their amygdalae, the part of the brain that judges emotional intensity and generates fear related behavior. In contrast, those individuals that were over 200 miles away when the attacks occurred exhibited normal behavior in their amygdalae when exposed to the same stimuli. “The findings of the study suggest that even a number of years later, there might be subtle, yet real, changes in the brain following exposure to trauma,” Ganzel said. (The Cornell Daily Sun, By Alyssa Goldschmidt, Sep 11, 2007 )
- EPA: Toxins leaked into air after Deutsche fire ... The U.S. Environmental Protection Agency said the release did not reach dangerous levels but ordered the building, which was badly damaged in the Aug. 18 fire, sealed immediately. What bothers EPA officials is this appears to be the first release of the highly toxic substance from the Liberty St. tower since it was nearly destroyed during the Sept. 11, 2001, terrorist attacks. "We raise it as an example because we had not detected dioxin from any of our monitors in the past," EPA spokeswoman Mary Mears said. "The detection simply reinforces our position that there is an ongoing potential for contaminants being released into the environment and a need to reseal the building as soon as possible." The state Lower Manhattan Development Corp. has resisted resealing the tower, claiming unspecified "regulators" told them the building must be shored up before it can be resealed. That has left the building open to the elements since the blaze that killed two firefighters there three weeks ago. "We're very concerned about this dioxin release," Julie Menin, chairwoman of Community Board 1, said. "This is the first time we're hearing about it." ... On Aug. 27, a monitor on the 15th floor of the northwest corner of the building registered an unprecedented level of 0.12 nanograms of dioxin per cubic meter of air. The next day it was higher, at 0.18 nanograms. That's still below the 0.25 nanograms EPA considers unsafe, but the agency was concerned because it was the first dioxin release detected at the building. "I recommend this action to prevent an imminent and substantial endangerment to public health and the environment when any work is performed at 130 Liberty St.," EPA Regional Director Alan Steinberg wrote to LMDC Chairman Avi Schick. (NYDaily News, by Greg B. Smith, Sept. 11, 2007)
- Bellevue Program Aims To Help Residents Affected By 9/11-Related Illnesses ... Before 9/11 Margrily Garcia says the worst health problem she ever had was a cold. But six years later the 34 year old paralegal, whose office was located just a few blocks away from the World Trade Center site, was recently diagnosed with sarcoidosis, an inflammation that produces tiny lumps of cells in different organs of the body. While it's a condition that can be mild in most people, it disturbed her heart rhythm. Now she has a pacemaker. “All of this at 34, so you can only imagine how disconcerting it is for me,” says Garcia. “It's just like my life ever since World Trade Center has been just like spiraling. I'm glad to be alive and that I'm getting such good treatment from these doctors, but you know when you look back and you compare the quality of life. It's very disconcerting.” Also diagnosed with asthma and allergies, Garcia bounced from doctor to doctor before finally getting the treatment she needs through Bellevue Hospital's World Trade Center Environmental Health program. Since the Trade Center attacks, the doctors at the hospital have seen about 1,600 residents, students, office and cleanup workers. In the short-term, doctors are able to give patients like Garcia treatment. But the director of Bellevue's program says the challenge continues to be when it comes to 9/11 related health concerns, they're still dealing with a lot of unknowns. “This is the problem we're faced with: that many people get sarcoid. It's not an uncommon disease,” says Bellevue World Trade Center Environmental Health program director Dr. Joan Reibman. “So the question is: are we seeing an increase in sarcoid? Is it related to WTC dust exposure? How can we figure that out? And that's why it's so important to have research projects to help us.” Sixteen million dollars in funding from the city over a five-year span is allowing Bellevue to expand services. But Reibman says it’s federal funding that's needed to maintain treatment programs and get more research done to fully understand what the extend of World Trade Center related diseases may actually be. (NY1, by Kafi Drexel, Sept. 11, 2007)
- Feds: Deutsche Bank cleanup may be unsafe ... For the second time in less than two weeks, a federal regulator has lashed out at the state agency that owns a contaminated lower Manhattan skyscraper, accusing the agency of ignoring environmental risks in the wake of a deadly fire at the building. The Environmental Protection Agency, in a Sept. 7 letter, raised concerns about the clearing of debris and other repairs and cleanup being done by the Lower Manhattan Development Corporation at 130 Liberty St., where an Aug. 18 blaze killed two firefighters. "I am concerned that these work activities ... in this breached building may cause a release of contaminated dust and debris," EPA Regional Administrator Alan Steinberg wrote to LMDC Chairman Avi Schick. The former Deutsche Bank building, heavily damaged and contaminated in the Sept. 11 terrorist attacks, was being decontaminated and demolished when the seven-alarm blaze broke out last month, likely sparked by a worker's cigarette, officials believe. The original demolition required EPA approval because of the toxins in the building, and requirements included sealing the structure to prevent contaminants from escaping into the air. Since the fire, the EPA, the LMDC and city officials have been meeting twice a day to hammer out the safest way to resume demolition work at the building, as well as how quickly the structure should be resealed. Air quality tests show the air is safe, city and federal officials say. "EPA has been there since the day of the fire and it's EPA's position that the building be resealed while these other issues are addressed," said Pat Evangelista, the EPA'S World Trade Center coordinator, at a community meeting last week. A spokesman for the LMDC declined to comment Monday. All demolition work has been suspended, but Schick said last week that the work being done at the building now aims to make it safer for first responders, including clearing debris blocking stairwells. He said that the fire safety work must be completed before the structure is resealed, while EPA officials contend the two things can be done simultaneously. "The shoring-up work needs to be done before the resealing," Schick said at a community meeting last week. "We are focusing on the safety issue first." (amNY.com, by Karla Schuster, Sept. 11, 2007)
- Editorial: Help our heroes ... Some 10,000 are suing the city and its cleanup contractors, threatening the companies with bankruptcy. Congress put $1 billion in an insurance fund to cover such claims. But that's not nearly enough, and the money will be available only after costly, years-long court battles. By stepping in, the government could spare thousands needless anguish and send a message that, in the event of another attack, responders will not be left in the cold. Reps. Carolyn Maloney, Jerrold Nadler and Vito Fossella have drafted legislation to reopen the fund, as well as to extend care to responders through so-called centers of excellence. They include Mount Sinai Medical Center and affiliated hospitals, and the FDNY medical office. Pelosi did not endorse the bill, saying she wants to study a number of proposals. We look forward to her conclusions with impatience, for the 9/11 health crisis continues to swell. Mount Sinai's consortium has screened more than 20,000 people, more than half of whom still need treatment, and has treated 6,000 patients for Trade Center-related disease, such as asthma and pulmonary fibrosis. Bellevue Hospital is treating 1,400 downtown residents and office workers. (NYDaily News, Sept. 11, 2007)
- EPA: Small Amount Of Toxins Released Following Deutsche Bank Fire ... EPA officials have ordered the former Deutsche Bank building at the World Trade Center site to be sealed immediately, after they say a small amount of toxins was released into the air following last month’s fire. officials say the amount of toxic chemicals released hasn't reached dangerous levels. But the agency has told the Lower Manhattan Development Corporation that demolition work at the building must stop until the building is sealed. Sources tell NY1 that the Fire Department is working on administrative changes in the aftermath of the fire. Those changes could include more streamlined sharing of information between the Department of Buildings and the Fire Department. ... (NY1, by Kafi Drexel, Sept. 11, 2007)
- LMDC/TRC Letter to EPA ... (September 11, 2007)
- Cancer ends his fitness life after toil at the Pit ... Sept. 11 is still killing our heroes. Frank Macri, a 52-year-old housing cop from Queens, died a week ago today after a five-year battle with lung cancer - and his family insists his illness was caused by the long hours he spent working at Ground Zero. "Frank never smoked," Macri's wife, Nilda, told the Daily News. "He ate well. He worked out every single day since he was 14." On the day the World Trade Center towers came crumbling down six years ago, Nilda Macri endured an excruciating eight hours before she discovered her heroic husband was still alive: He just barely escaped getting buried. "I was so blessed that he survived," Nilda Macri said. After being treated for minor injuries, Macri was back at Ground Zero two days later, doing his part in the hunt for survivors, she said. He spent more than two months amid the toxic fumes swirling around Ground Zero and at no point did he complain about his assignment - even after he experienced a bout of vomiting one day that lasted nearly 30 minutes. Dreadful news hit the family less then a year later: the man known for his extraordinary health was diagnosed with stage four lung cancer. No one who knew Macri well doubted the deadly disease came from anything but the many hours he spent at The Pit. It was a conclusion, she said, that was shared by his doctors. As she prepares to file line-of-duty death benefits, Nilda Macri is uncertain city officials will agree. "They're still in total denial over everybody with cancer," she said. Her husband endured repeated bouts of radiation and chemotherapy after receiving his diagnosis five years ago. Even after it spread to his vertebrae, there were times when it seemed the man nicknamed "Gym" had his cancer under control, but then doctors discovered cancer cells in his spinal fluid last month. For the first time, Macri's weakened body was not responding to chemotherapy. .... (NYDailyNews, by Rich Schapiro, Sept. 20, 2007)
- Report: Half of kids near Ground Zero have breathing problems ... More than half of the children closely exposed to the Sept. 11 terrorist attacks developed breathing problems in the years after the catastrophe, according to new information collected by city health officials. Some 53% of kids enrolled in the World Trade Center Health Registry experienced new or worsened shortness of breath, sinus problems or wheezing in the three years after 9/11. Of the 3,184 kids registered, 180 were diagnosed with asthma. Nearly half of kids in the registry 45% were caught in the dust cloud, a significant factor in developing new asthma and symptoms of posttraumatic stress disorder. Half witnessed a disturbing event that day. The findings were published on a city-sponsored Web site launched yesterday for New Yorkers and others whose health was affected by the attacks. Although it’s too soon to say how many of the children’s breathing problems became chronic, “the environmental impact of 9/11 was substantial for everyone [below Canal St.]. We’ve seen with adults and this reminds us that it was for children, too,” Deputy Health Commissioner Lorna Thorpe said yesterday. The site also includes previously unreleased information from the registry about lower Manhattan residents. In the two to three years after 9/11, respiratory and psychological symptoms were most common among adults who returned home before Sept. 14 or after Dec. 19, 2001. Fewer than one-third of adult downtown residents had returned home by Sept. 19. Just over half reported being caught in the dust cloud, according to registry data. The site can be found at www.nyc.gov/html/doh/wtc/html/home/home.shtml. (NYDaily News, by JordanLite, Sept. 10, 2007)
- Still breathing the horror of 9/11... this week's Government Accountability Office report indicates that there are still open wounds from that day. The GAO report is titled "World Trade Center: EPA's Most Recent Test and Clean Program Raises Concerns That Need to Be Addressed to Better Prepare for Indoor Contamination Following Disaster." It was obvious from the start that many offices and residences were contaminated due to the collapse of the World Trade Center. With dust-filled apartments, many residents left the area. Funds were provided for the cleaning and testing of these buildings littered with asbestos, lead, glass fibers and pulverized concrete. Despite cleaning efforts, approximately 1 percent of the residences were still affected by asbestos. The community raised concerns about how the pre and post testing took place, demanding to know what was tested and where it was tested. The EPA finally responded with a second look/program. However many problems with that testing program are now coming to light. Rep. Jerrold Nadler, D-N.Y., pointed out that many of the community's concerns were also raised by the EPA's Ombudsman Robert Martin. Mr. Martin's concerns got someone's attention besides New York City workers and residence, as his office was locked and his files confiscated. The Ombudsman's Office suffered a "reorganization", and no one heard from them on this topic again death by reorganization. Then the Scientific Advisory Committee added its voice to the community concerns about the testing, pointing out that it did not even take place for some substances such as Mercury. The committee also revealed that there were no tests in areas that were surely affected such as parts of Brooklyn. Again, no meaningful government action took place. What is worse is that the testing did not include most offices, nor did it test the buildings as a whole, such as testing the HVAC systems. The testing also did not include areas such as under beds or behind refrigerators. .... What is of more concern is how the EPA failed to educate the people who were living and working in the shadow of the World Trade Center as to the true nature of the contamination. They released only the test figures on asbestos and other contaminants after they had cleaned a building. Of course, for the contaminants that were never tested, no figures have been released. We have all heard about "sick building syndrome," but the 9/11 contamination brings this syndrome to a whole new level. Rep. Nadler also pointed out that the EPA cannot say with certainty, "that not even a single building in the area is free of World Trade Center contamination." He argues that many people in New York will "become sick because of lingering environmental toxins in their homes, workplaces and schools." ... (WorldNetDaily, by Ellen Ratner, Sept. 10, 2007)
- Health Concerns At Center Of 9/11 Anniversary ... In Foley Square Sunday, a vigil was held to remember those still suffering from exposure to the toxic fumes following the terrorist attacks. "They are all sick; all three of my children are chronically ill," said lower Manhattan resident Mariama James. Speaker after speaker talked of the health problems of thousands on the same day a new report by city health officials revealed that more than half of the children closely exposed to the terror attacks developed breathing problems in the years following the catastrophe. Some 53 percent of the children enrolled in the World Trade Center Health Registry experienced new or worsened shortness of breath, sinus problems, wheezing or asthma. Nearly half of the children in the registry -- 45 percent -- were caught in the dust cloud. The findings were published on a city-sponsored Web site launched Sunday for New Yorkers with 9/11 health problems. At the vigil in Foley Square, Rep. Jerry Nadler (D-Manhattan) said a bill he's about to introduce to provide medical coverage to first responders and others faces an uphill battle. "I do believe it will be enacted. It may not be enacted while this president is president, but it will be enacted because the American people ultimately will recognize the moral debt they owe," Nadler said.(cbstv, by Magee Hickey, Sept. 10, 2007)
- Magazine Article Says White House Covered Up Crucial 9/11 Health Info .... A magazine article set to be released Tuesday paints a grim picture of the effect the 9/11 attacks had on the environment in Lower Manhattan. In the October issue of "Discover" magazine, an article uses personal stories, EPA documents and scientific research to show the health effects of 9/11 on everyone other than first responders. The report says important health information was held back by the White House, keeping New Yorkers in the dark about the dangers they faced. "Proper testing was never done in New York, which, the natural conclusion becomes then that there must be many pockets of Lower Manhattan that still remain to be cleaned appropriately,” said “The 9/11 Cover-up” writer Michael Mason. “The office buildings were contaminated, they were never tested and cleaned, and we were exposed to stuff that there was no reason for us to be exposed to,” said Robert Gulack, who worked in the World Trade Center. “This was purely and simple, a government foul-up." The article says up to 70 percent of first responders are sick from toxins in the air. It says if that rate of illness holds true for those who lived and worked near the site, up to 300,000 New Yorkers could eventually become sick because of 9/11. Meanwhile, the Environmental Protection Agency is expressing more concern about demolition work at the former Deutsche Bank building. In a letter released Monday, the city's EPA representative told the Lower Manhattan Development Corporation that the work at the site has to stop until toxins can be contained. The building had been sealed off until last month's deadly fire. The EPA says while toxin levels haven't reached danger points yet, they still might if the work there kicks up dust. State officials have said they want to make the building safer for first responders. Both sides are expected to hash out an agreement about how to proceed soon. Sources tell NY1 that the Fire Department is working on administrative changes in the aftermath of the fire. Those changes could include more streamlined sharing of information between departments. (NY1, Sept. 10, 2007)
- Pelosi Announces Support For Re-Opening Federal 9/11 Victim's Fund ... A day before the September 11th memorial ceremonies, House Speaker Nancy Pelosi and Governor Eliot Spitzer walked among cranes and jackhammers as they toured the World Trade Center site Monday. Pelosi also took the opportunity to announce her support for reopening the federal Victim's Compensation Fund to ensure treatment is provided to ground zero workers who have fallen ill as the result of breathing in toxic dust from the fallen towers. ... Mayor Michael Bloomberg puts the price tag of treating workers who are currently sick and who may become ill at $393 million a year. “We have to make sure that, God forbid, if there's another emergency people are willing to show up to rescue and recover others,” said Bloomberg.... (NY1, Sept. 10, 2007)
- Pelosi Due Here To Meet Spitzer at Ground Zero -- Big New Outlays Are Planned for Post-9/11 Health Care ... On Wednesday, the House Education and Labor Committee will convene a hearing to evaluate whether the federal Occupational Safety and Health Administration protected workers from safety and health hazards at ground zero. The committee will also examine the role of New York City in protecting rescue workers following the attacks. ... (NYSun, by Elizabeth Solomont, Sept. 10, 2007)
- ‘Living’ with 9/11 ... FOLEY SQUARE. New Jersey resident Celia Correa, an administrative assistant whose job was relocated to 88 Pine St. in October 2001 worked there until July 2004, when she became too sick to continue. “I had some kind of digestive problem, like acid reflux. I had a rash. I was treated with Cipro a couple of times,” Correa told Metro at yesterday’s vigil. “I was going from specialist to specialist.” She was finally diagnosed with a lung disease “basically, I have scarred lungs,” she said. Correa finally went to the Bellevue Hospital’s WTC Environmental Health Center, which treats residents, office and cleanup workers. “They gave me medicine that helped me get better for a while,” she said, “but it can’t do anything more for me now. They need more funding for research.” ... U.S. Rep. Jerrold Nadler told the crowd last night that “the government has betrayed” and “refused to pay the health care” for the Ground Zero rescue and recovery workers, as well as the people who live and work in Lower Manhattan. ... (Metro, by amy zimmer, Sept. 10, 2007)
- WTC Medical Monitoring Program Sees Steady Flow Of Patients ... (NY1, Sept. 10, 2007)
- Beyond Ground Zero ... There was pain in Mariama James’ voice as she described how 9/11 has affected her. When she returned to her apartment near the World Trade Center that September day six years ago, her children were covered in white dust. Now, all three of them, including one she was pregnant with at the time, take five medications a piece for the allergies and respiratory problems they developed following the tragedy. .... Shortly after 9/11, Beyond Ground Zero began addressing the health impacts of the World Trade Center collapse on the predominantly immigrant, low-income communities of Chinatown and the Lower East Side. But Tamano said that since politicians and the media have focused much of their attention on sick first responders and recovery workers, many residents’ stories remain untold. Take Fung Mei Ng, a Chinatown woman who since 9/11 has suffered from migraines and shortness of breath because, she said, the government told her the air in her neighborhood was safe to breathe despite a foul odor that permeated it for months. .... (NYPress, Sept.10, 2007)
- . . . AND A JOB FOR MIKE ... Going beyond the long-term health effects of 9/11, it remains that focused leadership is essential if Ground Zero reconstruction is to remain on schedule. And with Gov. Spitzer grievously crippled by self-inflicted wounds, the only practical source of that leadership is Mayor Bloomberg. Job One: The swift dismantling of the Deutsche Bank building. ... (NYPost Editorial, Sept. 10, 2007)
- THE DUST AT GROUND ZERO - The 9/11 attack has claimed a whole new set of victims: thousands of firemen, policemen, construction and other workers who are now ill - maybe permanently - because they breathed the toxic dust on the "pile" at the World Trade Center. Katie Couric reports. Kyra Darnton is the producer. ... (CBS TV, Sep. 9, 2007 )
- Rally at Ground Zero Aims to Build Support for 9/11 Health Care Legislation ... Several hundred union workers and elected officials, including Senator Hillary Rodham Clinton, rallied near ground zero yesterday in support of federal legislation that would provide long-term monitoring and treatment for people exposed to dust in Lower Manhattan during the 9/11 cleanup. “The fact that men and women are ill and not being helped here is a national disgrace,” said Representative Carolyn B. Maloney, one of the sponsors of the bill, which has bipartisan support. “We are the wealthiest nation on earth; the least we can do is provide health care for the men and women on 9/11. They were here for us. We need to be here for them.” ... “In 9/11 we gave compensation for those families who lost their loved ones,” Ms. Maloney said. “We need to give compensation to the men and women who made a decision to run into flaming buildings to help others while others were running the other way. These are the real heroes and heroines, and they deserve compensation.” Mrs. Clinton, taking time away from her presidential campaign to attend the rally, appeared to stake out a position similar to that of Rudolph W. Giuliani as the real 9/11 candidate. “From the first moment that I came to ground zero on the day after the attacks on our city and our country and saw the conditions under which the firefighters and police officers and E.M.T.’s and paramedics were laboring,” she told the crowd, which included many of the 9/11 first responders. “I knew we were going to have problems, that people would get sick, and that people would die from what they were exposed to. And I pledged to myself, and I pledge to all of you, that I will stay with you every step of the way until we get every single person the health care they deserve.” Doing that, she added, “will be my highest priority, whether I am your senator or I am your president.” Mrs. Clinton drew cheers from the crowd and posed for several pictures with labor leaders before leaving the stage. Both she and Mr. Giuliani are expected to return to ground zero on Tuesday to commemorate the attacks. .... (NYTimes, by Ray Rivera, Sept. 9, 2007)
- Hundreds Attend Candlelight Vigil for 9/11 Victims .... Just two days before the sixth anniversary of September 11th -- many are puasing to remember the victims lost -- in the terror attacks. Hundreds turned out tonight for a canlelight vigil in lower Manhattan ... (wcbstv, John Metaxas, Sept. 9, 2007)
- Mayor Announces Launch Of WTC Health Website ... Also on the website is a report on kids suffering from their exposure to the September 11th attacks. About 50 percent of the more than 3,100 kids enrolled in the World Trade Center Health Registry developed breathing problems three years after the attacks. The registry cites health issues such as shortness of breath and wheezing. The report also says nearly half of the kids were caught in the dust cloud, which led to new cases of asthma and posttraumatic stress disorder. (NY1, September 09, 2007)
- Lawmakers Gather For Health Care Labor Rally Downtown ... The bill would provide long-term medical monitoring, treatment, and financial compensation to anyone exposed to the toxic dust and debris from the collapse of the World Trade Center. The bill would include first responders and rescue workers, construction workers and volunteers who helped clean up the site. But it would also cover residents, students, office workers and others who were in the area. ... (NY1, September 09, 2007)
- Near Ground Zero, Baby Carriages and Busy Shops .... “It’s frustrating for the residents here,” said Ms. Latifi, 38. “I have so many customers that have moved because of the noise and the air quality.” ... (NYTimes, by Patrick McgGeehan, Sept. 9, 2007)
- Daily News probe finds WTC contractors with mob ties, fraud ... Seven contractors cited for everything from mob ties to tax fraud to fatal accidents are getting a slice of the $16 billion reconstruction at Ground Zero, a Daily News investigation has found. The problem firms are found every day working the bulldozers, cranes, jackhammers and pile drivers rebuilding the site of the World Trade Center. All of the companies work for the Port Authority, the Dormitory Authority or the Lower Manhattan Development Corp. on taxpayer-funded contracts worth millions of dollars. The list starts with the John Galt Co., the shell company at the heart of growing investigations into the Aug. 18 fire at the Deutsche Bank tower that killed two firefighters. Galt has ties to Safeway Environmental, a company with a lousy safety record that has been barred from city work because one of its directors is a reputed mob associate. The News found six companies with issues: QUADROZZI CONCRETE: Last week, a steady convoy of Quadrozzi Concrete's distinctive yellow and orange trucks delivered cement to the Freedom Tower job. Six months before the Sept. 11 attacks, the city Department of Environmental Protection rejected Quadrozzi's request to be an approved city supplier, citing then-owner John Quadrozzi Sr.'s ties to the Luchese crime family and other concerns. In 2004, Quadrozzi Sr. died and the company was taken over by his son, John Jr., who was owner of an affiliate that refused to answer a subpoena from city investigators vetting a permit application. In October 2004, Quadrozzi Jr. reapplied to the city for approval as a supplier. Last year, Quadrozzi Concrete withdrew the request without explanation. He did not return calls on Friday. That withdrawal came after the January 2005 indictment of Constatine Quadrozzi, then a vice president of Quadrozzi Concrete. He was charged with dumping toxic waste into Newtown Creek. In June 2006 Brooklyn Supreme Court Justice Carolyn Demarest dismissed the indictment. The judge found that although Quadrozzi had knowledge of the illegal dumping, he'd fixed the problem so no further prosecution was necessary. The district attorney has appealed. PAL ENVIRONMENTAL CORP.: In 2005, PAL Environmental signed a consent order admitting it had illegally disposed of toxic office equipment from the notorious Deutsche Bank tower at 130 Liberty St. For four months in 2004, PAL shredded computers and furniture at the contaminated site without obtaining a permit from the state Department of Environmental Conservation. This meant DEC did not monitor the job. Instead PAL monitored itself, providing the state with data it said showed no toxins leaked into the neighborhood. In August 2005, the state DEC dismissed criminal violations against PAL after owner Salvatore DiLorenzo agreed to take "full responsibility" for claims arising from the illegal shredding and paid a $10,000 civil fine. The Dormitory Authority, which is paying PAL $16.3 million to clean out Fiterman Hall behind 7 World Trade Center, was aware of this violation. DiLorenzo did not return calls. LETICIA INC.: The black and white trucks hauling dirt from Ground Zero Wednesday had an unusually un-macho name - Leticia Inc., named after company president Leticia Rojas. In April 2006, Rojas' husband, Manuel Mier, signed an affidavit promising "for the remainder of my life" to stay out of his wife's trucking business - Leticia Inc. That's because Mier is a felon who pleaded guilty to using Leticia Inc. and other companies in a wide-ranging tax fraud scheme. He was sentenced to a year in jail and owes $523,000 in back taxes and penalties. In April 2006, Rojas signed an agreement with the city Business Integrity Commission promising to keep her husband out of the company. (Mier is allowed to work for Rojas' real estate company, MEM Realty LLC). Rojas agreed to hire a special monitor picked by the city to ensure her husband doesn't get a dime. Because of the monitor, the Port Authority allowed her company to work at Ground Zero. On Friday Rojas said, "Why do you care about this?" and hung up. TESTA CORP.: Testa Corp.'s bright yellow cranes dominate the southeast end of Ground Zero. In April, Pamela Ciampi, whose family owns Testa, pleaded guilty in Boston Federal Court to dodging $250,000 in federal income taxes. Investigators had seized records from Testa and Ciampi's other firm, PT Corp., both of Lynnfield, Mass., in a probe of sham women- and minority-owned firms. That followed a July 2005 citation by federal regulators charging Testa with 15 job safety violations after a 190-foot tall steel craneway collapsed during a Testa demolition job, killing two workers. OSHA slapped Testa with $60,000 in penalties, alleging that Testa did not do an engineering survey to determine the craneway's stability. In July 2005 Testa agreed to a $16,800 settlement. A Testa executive who would only give his first name, Tim, said the Port Authority was aware of the craneway accident when it was hired. LAQUILA GROUP: The firm is an offshoot of Laquila Construction whose owner, Dino Tomassetti Sr., has long-time ties to the mob, the FBI says. Several informants have told the FBI Laquila Construction paid off mob-controlled unions so it could inflate profits by using nonunion help. Tomasetti Sr. pleaded guilty to one count of construction labor fraud in April. Laquila Group - owned by Dino Tomassetti Jr. - was hired by developer Larry Silverstein to do excavation for the Freedom Tower. The Port Authority took over the job this year. When investigators discovered Laquila Group was renting equipment from Dino Sr.'s company, a monitor was put in place and Dino Sr. agreed to stay away from the job. The monitor, Toby Thacher, says the elder Tomassetti donates equipment to his son for the $35 million Freedom Tower job. Laquila Group executives did not return calls. JUDA CONSTRUCTION: Juda Construction has agreements with both Westchester County and the city of New York barring any interaction with a former Juda owner, Joseph Attonito, his son, Thomas, or any of their companies. Joseph Attonito is a convicted felon. Law enforcement sources have said he was associated with organized crime. His son, Thomas, was convicted of perjury in 2003 for trying to hide from regulators his father's interest in another company, Whitney Trucking. Juda has no such agreement for its work at Ground Zero, where last week Juda's white dump trucks hauled dirt from the Freedom Tower excavation site. An employee answering the phone at Juda declined to comment and said owner Nicholas Paniccia was not available. (NYDaily News, by Greg B. Smith, Sept. 9, 2007)
- Labor leaders rally for WTC victims' medical and financial aid ... Labor leaders and lawmakers rallied at Ground Zero yesterday in support of legislation that would give medical and financial assistance to victims of 9/11-related illnesses. Reps. Carolyn Maloney (D-Manhattan/Queens), Vito Fossella (R-Brooklyn/Staten Island) and Jerrold Nadler (D-Brooklyn/Manhattan) plan to introduce the bill on Tuesday, the anniversary of the attacks. The 9/11 Health and Compensation Act would guarantee coverage to first responders and volunteers who were exposed to toxic dust and provides for health monitoring and treatment for those who lived, worked or went to school in lower Manhattan after the attacks. ... (NYDaily News, September 9th 2007)
- Downtown's upswing ... Meanwhile, over in the public sector, the cursed Deutsche Bank building looms over Ground Zero as a symbol of government ineptitude, the price tag of the Port Authority's far-too-fancy, vastly overpriced PATH train station has zoomed out of control and Fiterman Hall, a City University building damaged beyond repair on 9/11, has been idle for so long that the structure appears to have sprouted trees.Gov. Spitzer and Bloomberg must force action on the Deutsche Bank building and Fiterman Hall. Both are disgraceful impediments to a rebirth that starts at Ground Zero ... (NYDaily News Editorial, September 9th 2007)
- MAYOR BLOOMBERG ANNOUNCES LAUNCH OF NEW 9/11 HEALTH WEBSITE: Those with Health Concerns Can Visit nyc.gov for Latest Information and Resources ... (Press Release, Sept. 9, 2007)
- One more 9/11 victim to be named on 6th anniversary of attacks ... The addition of Felicia Dunn-Jones, a 42-year-old civil rights attorney caught in the dust cloud that enveloped lower Manhattan on the day of the attacks, to New York City's Sept. 11 death toll occurred in a year that sharply focused on post-Sept. 11 illness - and the legacy of the cleanup of ground zero - more than ever before. That legacy was painfully altered by the unearthing of several hundred human remains from streets and sewer lines around the trade center site, which officials acknowledged were missed the first year. Doctors published more studies establishing direct links to respiratory illnesses and the exposure to the mixture of pulverized concrete, asbestos, mercury and other toxins that wafted over ground zero for close to a year. One study showed a powerful connection to sarcoidosis - the lung-scarring disease that killed Dunn-Jones - and city firefighters. "I don't think anyone's questioning any more how many thousands of people are sick," said David Worby, who represents close to 10,000 plaintiffs suing the city and contractors who oversaw ground zero's cleanup. More than 100 of his plaintiffs have died, he says. City officials have argued that more research is needed before the true health effects of Sept. 11 can be proven. But they significantly changed their position this year, commissioning a health panel that concluded in February that treating the ailments of exposed workers could cost close to $400 million a year. ... Three months later, city Medical Examiner Charles Hirsch surprised many by adding Dunn-Jones' name to the official Sept. 11 victims' list. ... (Newsday, Amy Westfeldt, Sept, 8, 2007)
- Rally for 9/11 bill to treat ailing first responders, residents ... Politicians and labor leaders gathered Saturday at ground zero to support federal legislation aimed at providing medical coverage to first responders and others afflicted by toxic dust and debris after the World Trade Center attack. The rally was timed to coincide with the upcoming sixth anniversary of the attacks, when three members of New York's congressional delegation will introduce the bipartisan 9/11 Health and Compensation Act. Democrats Carolyn Maloney and Jerrold Nadler, along with Republican Vito Fossella, will bring the bill to Congress on Tuesday. "The heroes of 9/11 responded immediately when our country was attacked, but when these same heroes needed help, our government dragged its heels," Maloney said. "Thousands are sick and that's a fact." The bill would cover first responders and rescue workers, construction workers and volunteers from the nine-month cleanup of the rubble from the twin towers. It would also provide health monitoring and treatment for local residents, students and others who were in lower Manhattan after the attacks. Joining the politicians were representatives from the New York City Central Labor Council, the New York Building & Construction Trades Council and the New York State AFL-CIO. "We will not forget," said U.S. Sen. Hillary Clinton. "We're going to rescue the rescuers." (NYNewsdasy/AP, Sept. 8, 2007)
- OP-ED: Giuliani’s Ground Zero Legacy ... He has never acknowledged that it might have been better if he had focused less on getting the disaster site cleared away fast, and more on getting all the workers out in one piece. Recently, he had the temerity to claim that he’s a victim, too. “I was at ground zero as often, if not more, than most of the workers ... I was exposed to exactly the same things they were exposed to. So in that sense, I’m one of them,” he said last month during a campaign stop in Cincinnati. ... (NYTimes, by Gail Collins, Sept. 8, 2007)
- Downtown Emergency Notification Plan Meets Criticism ... In the wake of the Deutsche Bank building fire last monthand complaints by nearby residents that they were left in the dark about what to do or where to gocity officials announced at a Community Board 1 meeting on Sept. 5 that a Downtown emergency notification system is in the works But the plan, which is meant to allow easy communication between residents and safety workers in the event of an emergency, met with skepticism from many in the audience, who called it too vague and too slow in coming. In the third of three community meetings between high-level officials and community members following the fire, Deputy Mayor Ed Skyler said the responsibility for communicating with Downtown residents in the event of an emergency will lie with the Office of Emergency Management’s Watch Command in Brooklyn. The command is the central point of communication in an emergency, monitoring all radio traffic and helping city, state and federal responders talk to each other. “The advantage of using OEM is that they’re there 24-7,” Skyler said, adding that the watch command has the capacity to quickly send e-mails to a Lower Manhattan mailing list, alerting people to developments. Skyler said the city is also looking into other communication technologies, and that he expects a more comprehensive emergency notification plan to be developed by the end of the year. In addition, Lower Manhattan Development Coordinator Avi Schick offered to fund an automated “robo-call” system, like that used by telemarketers and political campaigns, to be used until the city’s more comprehensive system comes on-line. “We’re going to give out Community Enhancement Project Grants next month,” Schick said. “We can think of no better community enhancement than to get this project up and running.” Schick told the board that the LMDC is hiring more personnel to improve communication with the community, and is also prepared to pay for CB1 to hire its own staffer to stay abreast of developments at the 130 Liberty St. site. But many residents attending the meeting, still angry that it has taken years for officials to respond to their demands for a notification system, were not mollified by the promises to create a notification system under the Office of Emergency Management. “I’m an angry, frustrated worker, and I don’t have any hope that this is going to be any better,” said Rachel Snyder, who works on Maiden Lane. “The people in charge of coming up with the new plan are the same ones who have failed us before.” ... Schick said more structural work must be done before the building can be sealed, and that other agencies’ concerns about firefighter safety must be weighed against the EPA’s desire to seal the building immediately. Asked to respond, the EPA World Trade Center Coordinator Pat Evangelista said, “It is EPA’s position that the building be resealed while these other issues are being addressed.” The EPA letter also objected to what it called Schick’s “preliminary position” in recent confidential clean-up negotiations that the LMDC “implement a new sampling plan” and “revisit abatement procedures” in the building’s abatement plan. At the community board meeting, residents worried that the LMDC might be trying to weaken environmental precautions at the site. “There will be no dialing back of environmental controls,” Schick said. “You have my word here tonight we are going to continue to abide by city and state regulatory activities.” Schick added that the LMDC is “seriously considering” completing the clean-up of the building’s toxic materials before preceding with its deconstruction. (Tribeca Trib, By Nick Pinto, Sept. 7, 2007)
- Accuracy of 9/11 Health Reports Is Questioned ... (NYTimes, by Anthony DePalma, Sept. 7, 2007)
- Stalled at Ground Zero ... The recent preventable deaths of two firemen in the toxic hulk of the Deutsche Bank building adjacent to Ground Zero casts a shadow on New York Mayor Michael Bloomberg's hands-off managerial style. It also casts a light on Rudy Giuliani's handling of the 9/11 cleanup, and by extension his governing style as mayor. Both the 9/11 cleanup (achieved with surprising, even defiant, speed) and the deconstruction of the Deutsche Bank Building (which is still standing six years after 9/11) have involved bitter controversies with the firefighters. Mr. Giuliani's imperative was to clear Ground Zero and thus defy the terrorists by ... (WSJ, by Fred Siegel, Sept. 7, 2007)
- Reps. Maloney, Nadler & Fossella to Introduce Bipartisan 9/11 Health and Compensation Act ... WASHINGTON, D.C. On the eve of a major rally at Ground Zero in support of health care and compensation for 9/11 responders, Congresswoman Carolyn B. Maloney (D-NY), Congressman Jerrold Nadler (D-NY), and Congressman Vito Fossella (R-NY) announced that they will introduce comprehensive, bipartisan legislation to address the health impacts of the 9/11 attacks. The lawmakers intend to formally introduce their bill next week. The Maloney-Nadler-Fossella 9/11 Health and Compensation Act, which is strongly supported by the New York State AFL-CIO, would ensure that everyone exposed to the toxins of Ground Zero has a right to be medically monitored and anyone who is sick as a result has a right to treatment; expand care to the whole exposed community, including residents, area workers and students, and to the thousands of people who came from across the country to respond to the 9/11 attacks; provide compensation for economic damages and losses by reopening the 9/11 Victim Compensation Fund; and build on the expertise of the Centers of Excellence (currently at the FDNY, Mt. Sinai Hospital, Bellevue Hospital, Queens College, SUNY Stony Brook, and the University of Medicine and Dentistry of New Jersey), which are providing high-quality health care to thousands of responders. The bill would also require the federal government to collect data about and research the extent and severity of WTC-related illnesses. Specifically, the legislation would establish and fund Coordinating Centers of Excellence to collect and analyze data, coordinate outreach, and develop medical monitoring and treatment protocols; and require the U.S. Department of Health and Human Services to conduct or support research about conditions that may be WTC-related, and about diagnosing and treating WTC-related conditions. ... (News Release, Sept. 7, 2007)
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