Innocence languishing on the "sidelines": What does OSHA know that FDNY does not?
OSHA was intimately and actively involved in the deconstruction - decontamination of the toxic Deutsche Bank Building at 130 Liberty Street from the beginning. OSHA was one of the initial and original regulators and continues to be a regulator. OSHA has an insiders view of the responsibilities allocated to the various participants in the deconstruction - decontamination of the toxic Deutsche Bank Building at 130 Liberty Street. OSHA knows who had the responsibility to inspect 130 Liberty Street.
FDNY, on the other hand, was not. FDNY was not intimately and actively involved in the deconstruction - decontamination of the toxic Deutsche Bank Building at 130 Liberty Street. To borrow a word and a metaphor from FDNY Commissioner Scoppetta, with regard to this project, FDNY was on the "sidelines". However, this too is not quite accurate. As far as this project was concerned, FDNY was not even allowed into the stadium.
FDNY only recently assumed a role and this only came after the deadly August 18, 2007 fire. Moreover, when FDNY recently assumed its role, it was not the Captain of the local firehouse who intruded the FDNY into the the deconstruction - decontamination of the toxic Deutsche Bank Building at 130 Liberty Street but the Mayor of the City of New York and his Fire Commissioner who used their political clout to get FDNY a seat at the table of regulators [further proof showing that getting FDNY involved took more than a Captain of the local firehouse]
FDNY was intentionally excluded from not only being a regulator of the project but also of being a participant in the project. In the project plan, LMDC did not assign the role of inspector to FDNY. LMDC did not want FDNY to do the inspections. LMDC wanted its contractors to do the inspections.
So, what does OSHA know that FDNY does not?
On 2/19/2008, OSHA announced the issuance of citations to Bovis Lend Lease and John Galt Corp for 44 alleged violation of workplace safety and health standards at the Deutsche Bank Building at 130 Liberty Street (click here).
Ask us how many violations were issued against FDNY by either OSHA or NYS PESH for violation of workplace safety and health standards at the Deutsche Bank Building at 130 Liberty Street. None. Zippo. Zilch.
Why?
FDNY was not involved in the project. Others aside from FDNY had the responsibility.
One of the violations alleged by OSHA was "Failing to inspect and maintain firefighting equipment to ensure that the standpipe system was operational, and that sufficient water supply and water pressure were available to firefighting"
So who had the duty to inspect?
According to OSHA, the duty to inspect was not on FDNY but upon Bovis and Galt.
So why did FDNY feel the need to blame itself and "sideline" three innocent, hard working fire officers?
Political pressure out of which arose panic and Knee jerk reactions with an emphasis on the 'jerk' in the reaction.
Now, however, the panic is over.
OSHA's investigation is over.
Why not take the three officers off 'the sidelines'?
Haven't three innocent men languished on 'the sidelines' long enough?
Isn't it time for the FDNY Commissioner to give the speech? (click here)


