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| **JUDICIARY      | ## ![](media/image2.jpeg){w   | > **JERROLD      |
| COMMITTEE**\     | idth="1.1666666666666667in" h | > NADLER**       |
| Subcommittee\    | eight="1.0277777777777777in"} | >                |
| **Ranking        |                               | > 8th DISTRICT,  |
| Member**         | ##                            | > New YORK       |
|                  |                               | >                |
| Constitution     | ## ***CON                     | > **REPLY TO**:\ |
|                  | GRESS OF THE UNITED STATES*** | > WASHINGTON     |
| Commercial and\  |                               | > OFFICE:\       |
| Administrative   | **HOUSE OF                    | > 2334 RAYBURN   |
| Law\             | REPRESENTATAIVES:**           | > HOUSE OFFICE   |
| ![               |                               | > BUILDING       |
| ](media/image1.p | June 3, 2002                  | > WASHINGTON. DC |
| ng){width="1.472 |                               | > 20515 (202)    |
| 9166666666667in" |                               | > 225-5635       |
| h                |                               |                  |
| eight="2.0833333 |                               | DISTRICT         |
| 333333332e-2in"} |                               | OFFICE:\         |
|                  |                               | 201 VARICK       |
| Transportation   |                               | STREET SUITE     |
| and\             |                               | 669\             |
| Infrastructure   |                               | NEW YORK. NY     |
| Committee        |                               | 10014            |
|                  |                               | (212)367-7350    |
| Subcommittees    |                               |                  |
|                  |                               | DISTRICT         |
| Highways and     |                               | OFFICE:\         |
| Transit          |                               | 445 NEPTUNE      |
|                  |                               | AVENUE COMMUNITY |
| Railroads        |                               | ROOM 2C          |
|                  |                               | BROOKLYN. NY     |
| ![               |                               | 11224 (718)      |
| ](media/image1.p |                               | 373-3198         |
| ng){width="1.472 |                               |                  |
| 9166666666667in" |                               | E-mail:          |
| he               |                               | jerrold.nadle    |
| ight="2.08333333 |                               | r@mail.house.gov |
| 33333332e-2in"}\ |                               | Web:             |
| Regional Whip    |                               | http://www.h     |
|                  |                               | ouse.gov/nadier/ |
+------------------+-------------------------------+------------------+

John L. Henshaw

US Department of Labor

Occupational Safety and Health Administration

#### 200 Constitution Avenue 

Washington, D.C. 20210

Dear Mr. Henshaw

As the Congressman representing Ground Zero and the surrounding area in
lower Manhattan, I am deeply concerned about the environmental
conditions in New York City following the terrorist attacks of September
11,2001. The destruction of the World Trade Center has presented an
unprecedented public health problem to the citizens of New York, to the
denizens of lower Manhattan, and, of course, to those men and women who
have worked tirelessly to rescue survivors, recover human remains, and
conduct clean-up operations at Ground Zero. OSHA\'s own efforts at the
site have been extensive and the placement of OSHA staff members at the
site, around the clock, has greatly contributed to the protection of the
World Trade Center workers. Indeed, OSHA\'s own dedication to the
workers at the site is a testament to the complexity of the health and
safety issues presented by the disaster and the subsequent clean-up.

Nonetheless, despite OSHA\'s active presence at the site since the
disaster, OSHA Region 2 officials have maintained that OSHA\'s
enforcement authority has been suspended for the duration of the rescue,
recovery and clean-up operations. OSHA officials have presented a
variety of justifications and rationales for this determination, none of
which have proven to be conclusive. As such, I am seeking clarification
of (1) whether OSHA made a determination to suspend enforcement at the
site; (2) the bases for this determination, both legal and otherwise;
and (3) when, how and by whom this decision was made.

2\.

Accordingly, the following information requested so that these matters
can be clarified:

1.  Please provide clarification of weather OSHA determined that
    enforcement authority should be or would be suspended at the World
    Trade Center disaster site.

2.  Please provide citation to and a copy of, if necessary, any and all
    documents, memoranda, directives, regulations, or laws which provide
    the basis for OSHA\'s decision to suspend its enforcement authority
    at the World Trade Center disaster site after September 11,2001.

3.  Please provide a copy of any and all documents pertaining to the
    enforcement of OSHA law at the World Trade Center site since
    September 11th, including but not limited to memoranda, letters,
    directives or documents from OSHA Headquarters, the Department of
    Labor, or any of other federal agency (including but not limited to
    the EPA, FEMA, or the Department of the Interior) [to OSHA Region 2
    regarding the suspension]{.underline} of enforcement of OSHA law or
    standards, prepared after the September 11 t disaster.

4.  Please provide a copy of any and all documents pertaining to the
    enforcement of OSHA law at the World Trade Center site since
    September 11th, including but not limited to memoranda, letters,
    directives or documents from OSHA Headquarters, the Department of
    Labor, or any of other federal agency (including but not limited to
    the EP A, FEMA, or the Department of the Interior) [to OSHA Region 2
    regarding the applicability]{.underline} of OSHA law or standards to
    the World Trade Center site, prepared after the September 11th
    disaster.

5.  Please provide a copy of any and all documents pertaining to the
    enforcement of OSHA law at the World Trade Center site since
    September 11th, including but not limited to memoranda, letters,
    directives or documents [from OSHA Region 2]{.underline} to OSHA
    Headquarters or the Department of Labor regarding the
    [suspension]{.underline} of enforcement of OSHA law or standards,
    prepared after the September 11th disaster.

6.  Please provide a copy of any and all documents pertaining to the
    enforcement of OSHA law at the World Trade Center site since
    September 11th, including but not limited to memoranda, letters,
    directives or documents [from OSHA Region 2]{.underline} to OSHA
    Headquarters or the Department of Labor regarding the
    [applicability]{.underline} of OSHA law or standards to the World
    Trade Center site, prepared after the September 11th disaster.

7.  please provide a copy of any and all instructions from OSHA to OSHA
    staff concerning the applicability of OSHA law, standards,
    regulations and/or directives at the World Trade Center disaster
    site.

Thank you for your attention to this matter. Your prompt reply to this
request is greatly appreciated. Please feel free to contact me if you
have any questions or concerns.

Sincerely,

![](media/image3.png){width="1.9166666666666667in"
height="0.5798611111111112in"}

> //Jerrold Nadler\
> Member of Congress