October 5, 2001

Mr. William Howard

First Deputy Director of State Operations

Office of the State Operations

State Capitol Building

Albany, New York 12224-0341

Dear Mr. Howard:

I am writing to thank you and Governor Pataki for your responsiveness to employee needs surrounding the World Trade Center disaster. We particularly appreciate those managers who have acted with sensitivity in dealing with the aftermath of the tragedy.

            There are a number of important health and safety issues that the events of September 11, 2001 have brought to our collective consciousness. In general, I would categorize these issues as “Emergency Preparedness Plans”. In speaking to our local leaders representing employees in and around the WTC we have learned that many of the agencies are lacking written emergency preparedness plans including up to date evacuation plans, systems for trauma response, security, bomb threats and loss of utilities. Even in the agencies that do have some of these elements in place I have learned that training, drills, and other parts of these systems are often outdated or not sufficient to prepare building occupants in the case of a real emergency. For example, on September 11, 2001 most evacuated employees did not know where they were supposed to assemble upon evacuation.

            I realize that no one could have predicted of the proportion of the emergency that we experienced on September 11, 2001. However, I am sure you would agree that one lesson that we can all learn is that effective emergency response systems need to be in place so that we can quickly respond appropriately. These systems should include full drills conducted at least on an annual basis. Unfortunately, none of the current fire and life safety standards adequately address this need. Also, it appears that many of the agencies lack the personnel or expertise to develop and keep these programs up to date.

    Currently, multiple parties conduct oversight of agency fire and life safety programs: agency health and safety officers (where they exist), PESH, Department of State Office of Fire Prevention and Control, and Local and County Code Enforcement Personnel. This has often led to gridlock since the various entities go by different standards and have different systems for consultation, inspection, and enforcement. I would like to recommend that the Governor consider initiating a review of this serious matter including:

¨      The state of agency emergency response programs.

¨      The need for increased personnel and resources to improve the state of the state’s emergency preparedness programs.

¨      The need for emergency legislation strengthening the Department of Labor’s fire and life safety standards.  The current OSHA standard requires training only when there is a requirement to prepare an emergency action plan or fire prevention plan under another OSHA standard.  Legislation could amend the PESH act to require that all public employers comply with 29 CFR 1910.38 Employee Emergency Plans and Fire Prevention Plans, correcting this deficiency.

¨      The need for emergency legislation strengthening the ability of the Department of Labor to inspect and enforce fire and life safety standards.

            I make these suggestions in the spirit of cooperation and would offer the expertise of PEF’s Health and Safety staff or any other assistance we might provide. Thanks for considering these recommendations. Please let me know if you need more information or clarifications.

Sincerely,

Roger E. Benson

President

cc:        Governor George Pataki

            President Andrew Stern, SEIU

            President Sandra Feldman, AfT

            President Denis Hughes, NYS AFL-CIO

            PEF Executive Board, Council Leaders & Delegates
            John Currier, Acting Director, GOER