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In this environment, the mayor’s take-charge attitude produced two clear results, according to records and interviews. One, work moved quickly. Although the cleanup was expected to last 30 months, the pit was cleared by June 2002, nine months after the attack.
And second, the city ultimately became responsible for thousands of workers and volunteers while, critics say, its health and safety standards went lacking.
“I would describe it as a conspiracy of purpose,” said Suzanne Mattei, director of the New York office of the Sierra Club, which has been critical of how the cleanup was handled. “It wasn’t people running around saying, ‘Don’t do this safely.’ But there was a unified attempt to do everything as fast as possible, to get everything up and running as fast as possible. Anything in the way of that just tended to be ignored.”
Records show that the city was aware of the danger in the ground zero dust from the start. In a federal court deposition, Kelly R. McKinney, associate commissioner at the city’s health department in 2001, said the agency issued an advisory on the night of Sept. 11 stating that asbestos in the air made the site hazardous and that everyone should wear masks.
Many workers refused. No one wanted to be slowed down while there was still a chance of rescuing people. Later on, workers said that the available respirators were cumbersome and made it difficult for them to talk.
Violations of federal safety rules abounded, and no one strictly enforced them. OSHA did not play an active role during the rescue phase, which is usually the case in emergency operations. But the agency remained in a strictly advisory position long after there was any hope of finding any survivors and at the point when, in other circumstances, it would have enforced safety requirements.
Agency officials said that enforcing rules and issuing fines would have delayed the cleanup, and contractors could have passed along the cost of the fines to the city.
With the city in charge, municipal employees were given video cameras to record recovery workers who were not wearing respirators. Violations were reported at daily safety meetings.
An official who was then with the Port Authority of New York and New Jersey, who asked not to be quoted by name because he was not authorized to speak for the agency, said the focus in safety discussions was always on preventing accidents, not protecting workers from the toxic dust.
Remarkably, not one fatal accident occurred on the pile. But the city’s inspectors found that by late October, only 29 percent of ground zero workers were wearing the sophisticated respirators that were required by OSHA. Even Mr. Giuliani sometimes showed up without one.
The city’s handling of safety issues has been criticized by doctors, unions and occupational safety experts. Mr. Giuliani’s oversight of the operation was condemned in a 2006 book, “Grand Illusion,” by Wayne Barrett, a longtime critic of the former mayor, and Dan Collins. Mr. Barrett said in an interview that when it came to safety, Mr. Giuliani “said all the right things, but did all the wrong things.”
In their defense against the negligence lawsuit, city officials have maintained that they cooperated with federal officials to develop an effective safety plan. On Nov. 20, well into the cleanup, contractors and city agencies agreed to follow safety rules, and OSHA agreed not to fine them if violations occurred.
The agency ended up distributing more than 130,000 respirators. Workers’ unions tried to get members to wear them, but usage remained spotty without strict enforcement of the rules.
“What they were doing on paper wasn’t what they were doing in practice,” said Paul J. Napoli, one of the lawyers representing the more than 8,000 workers who have sued the city for negligence. He said that the construction companies were billing the city for their time and materials, and “safety slows things down.”
The four large construction companies that had been hired to clear debris worked around the clock. But that was not fast enough for the city, especially after the rescue operation formally ended on Sept. 29. One reason for the push may have been concern that unnecessary delays would have added to the cost of the cleanup.
