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The Duty to provide a safe workplace

130Liberty_small.JPGOn June 30, 2003 Judge ALVIN K. HELLERSTEIN, U.S.D.J.: said

For almost 100 years. New York State,  through numerous provisions of its labor laws,  has regulated the workplace to ensure safe  conditions for employees. See. e.g., N.Y. Lab.  Law §§ 200(1). 241(6) (2003). Pursuant to  these statutes, approximately 1200 workers  involved in the rescue and clean-up efforts  following the collapse of the World Trade  Center on September 11, 2001 have brought   suit against the City of New York ("the City")  and the Port Authority of New York and New  Jersey ("the Port Authority"). Their claims are that the City and the Port Authority violated the  Labor Law by not providing adequate safety  equipment and that, because of such violations,  the plaintiffs suffered respiratory injuries. They  filed their suits in the Supreme Court of the  State of New York. County of New York.

See, In re World Trade Center Disaster Site Litigation, 270 F. Supp. 2d 357, 2003 U.S. Dist. Lexis 10397 by clicking here

Respiratory and dermal protection.  NYC had a duty to provide its firefighters with both respiratory and dermal protection. FDNY did not provide Engine 10 with dermal or respiratory protection. Note the date of the judicial opinion - June 30, 2003. Wouldn't you think that post June 30, 2003, NYC and FDNY would be contemplating the provision of dermal and respiratory protection to its firefighters especially if NYC and FDNY wanted them to venture within a toxic cloud of 9/11 chemical ready to slowly suck the life from those foolish to expose themselves without the proper protection? Bunker gear is not the proper dermal and respiratory protection to enter within a toxic building.  The FDNY Haz Mat unit does not don bunker gear to enter within toxic buildings.  We have just talked about entry into a toxic building.  Exit from a toxic building requires decontamination. But that's another story.

prot_suits_4.jpg Question? If you saw these workers wearing dermal and respiratory protection while walking around the outside of the toxic Deutsche Bank Building, would you enter within it without the same safety gear? Would you send people within it without dermal and respiratory protection who had wives, parents, siblings and children? Or would you send them in naked exposed to the toxins and tell them to hold their breath? Click here for more. Listen to what the prior FDNY Commissioner had to say about sending the local firehouse into the toxic Deutsche Bank Building by clicking here.

 

From the Ride of the Fire Brigade (Click here for more) 

But no haz-mat suits for you
no guidance from FDNY too
How you do it is up to you
risk your lungs and your health
Meet my quota of 2 a month, Bloomberg and Scoppetta said
We'll decontaminate you after your dead
Inspect while we blunder

Posted on Friday, October 19, 2007 at 05:29AM by Registered Commenter[Your Name Here] in | CommentsPost a Comment

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