Complying with AHERA

We are often asked about the requirements of a Designated Person. So today we wanted to take some time to summarize the things your school should be doing to remain compliant with the EPA’s Asbestos Hazard Emergency Response Act.

Designated Person

The Local Education Agency (LEA) must designate a person (AHERA Designated Person) to ensure that the responsibilities of the LEA are properly implemented.

The LEA must verify that this individual has received proper training. The individual is not required to be a licensed asbestos consultant. There is no specific training course for the designated person; however, the EPA has developed a “Designated Person’s Self-Study Guide” that details the required specific background knowledge the designated person must have. You can find this guide at http://www.epa.gov/asbestos/schools.html.
The Asbestos Management Plan (AMP) for schools must include a true and correct statement signed by the designated person certifying that the general responsibilities of the LEA have been or will be met. An example of this form is available here: http://und-eti.com/ahera_dp_statement/.
If the designated person leaves his or her position, the LEA must ensure that a new individual is identified and appropriately trained to serve as the designated person. The newly identified designated person must then sign the statement of certification. The designated person must have a basic knowledge of the health effects of asbestos, the detection, identification and assessment of asbestos- containing material, options for controlling asbestos-containing material, asbestos management programs, and relevant federal and state regulations concerning asbestos.

Re-inspection

The LEA must retain the services of a licensed asbestos inspector or management planner to conduct a re-inspection every three years subsequent to implementation of a management plan.

Triennial re-inspections must include an inspection of each area of every building that is leased, owned, or otherwise used as a school building. This inspection MUST be performed by a state licensed asbestos inspector.

Written Notification Regarding Availability of the AMP

At least once each school year, the LEA must provide written notification to parent, teacher, and employee organizations regarding the availability of the Asbestos Management Plan and any response actions taken or planned.

This notice must be dated, and a copy placed in the AMP.
The AMP must describe the steps taken to notify parents, teachers and employee organizations. Acceptable methods of notification include placing a notice in the school handbook, mailing a letter to each household, or placing an ad in a local paper.
An example of this notice is available here: http://und-eti.com/ahera-annual-notification-letter-example/

Periodic Surveillance

After the AMP has been implemented, the LEA must conduct periodic surveillance in each building that it leases, owns, or otherwise uses as a school building at least once every six months.

The purpose of surveillance is to look at all known or suspect asbestos-containing building materials (ACBM) and note any changes in the material.
Periodic surveillance does not need to be conducted by a licensed inspector or a consultant. It is often conducted by custodial or maintenance personnel.

Custodial & Maintenance Training

All maintenance and custodial staff who may work in a building that contains asbestos-containing building materials (ACBM) must receive at least two hours of asbestos awareness training whether or not they will work with ACBM.

Maintenance and custodial staff conducting any activities that will result in the disturbance to ACBM must receive an additional fourteen hours of training.
The LEA must ensure that new custodial and maintenance employees are trained within sixty days after commencement of employment.

Outside Contractor and Short-Term Workers

The LEA must ensure that outside contractors and short-term workers who may come in contact with asbestos (e.g. utility repair workers) are informed of the location of ACBM.

Notification should be recorded using a form similar to this: http://und-eti.com/contractor-notification/

Record-Keeping Requirements

The LEA must maintain records required by the regulations to be included in the Asbestos Management Plan. This includes:

a copy of prior inspection and/or reinspection reports;
documentation related to the training provided to custodial and maintenance employees;
periodic surveillance forms;
dated statements regarding operations and maintenance activities;
a copy of the annual notice of the management plan availability;
a copy of all reports on response actions taken; and
a copy of the updated management plan in each school.

LEA’s that fail to comply with existing regulatory requirements are, of course, subject to enforcement actions. However, ETI is always available to help you stay within the guidelines.

For Do-It-Yourselfers, a good start is this checklist for Designated Persons: http://und-eti.com/ahera-designated-person-checklist/

The EPA also provides extensive resources to assist schools.