Let's "sideline" them for violating an FDNY protocol that did not exist before the August 18, 2007 fire: Chapter 3, or, Toxic Building Inspections must be done in a way acceptable to the NYS DOL
On 9/10/2007, the New York State Department of Labor replies to FDNY's email sent early in the morning of the same day. This email talks about decontamination. It also talks about what needs to be worn and its not the FDNY's turnout gear. It talks about wearing two Tyvek suits. It says the details would have to be worked out.
The inspection of a toxic building is not a simple thing. Details need to be worked out. Decontamination needs to be provided. Tyvek suits need to be provided. During the approximately 8 months that Captain Peter Bosco was at the Ten House from late December 2006 early January 2007 to August 18, 2007, guess how many Tyvek suits the Ten House was given? Come on, guess. The answer is none. Guess whether he was given the official written procedure to follow for the inspection of toxic buildings. Come on, guess. The answer is he was given nothing. An official FDNY written procedure did not exist for toxic buildings.
FDNY never contemplated that fire fighters would inspect toxic buildings before the tragic August 18, 2007 fire. That is why FDNY mandated that inspections be done in ordinary work clothes (Click Here) and why FDNY did not have an official written procedure for the inspection of toxic buildings. If they contemplated that fire fighters would be entering toxic buildings to inspect, FDNY would have provided the proper PPE and FDNY would have provided an official written inspection procedure, no?
Moreover, FDNY was not free to inspect a toxic building however they wished. There are laws: laws that protect firefighters' health and safety. These laws are not NYC laws but NYS laws. These laws are administered by the NYS Department of Labor via a program called PESH. It is illegal to send firefighters into a toxic building without taking measures that would protect the health and safety of the firefighters. PESH forbids it. The burden to comply with these Health and Safety Laws is on the employer not the employee. FDNY - not the Captain of the local fire house - must figure out how to abide by the Health and Safety Laws of the State of New York.
This is what Manhattan's top FDNY dalmation is doing in this series of emails. He is trying to figure out how to comply with the Health and Safety standards of the State of New York with regard to the inspection of toxic buildings. Fire fighters cannot simply walk into toxic buildings in their ordinary work clothes as they would for an ordinary building. That's illegal.
The big question is why now? Why didn't perfidious Nick figure this out when the ground zero buildings became toxic on 9 /11/2001 nearly 7 years ago?
It's unconscionable!
Shame on you perfidious Nick.
But, what is worse. Perfidious Nick "sidelines" three innocent, dedicated and diligent men for not inspecting the toxic building when FDNY did not have a procedure in place to inspect them. How can a procedure be violated that did not exist?
Sideline yourself perfidious Nick.
It's unconscionable!
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