In October 1986, President Regan signed into law the
Asbestos Emergency Hazard Response Act (AHERA). The
law required every non-profit school (Kindergarten through
12 grade) to perform an Asbestos Building Inspection and
create an Asbestos Management Plan. The Building
Inspection
must be conducted every three years and the Management
Plan updated
whenever there is any change in the condition of asbestos
materials or whenever abatement is performed. The
AHERA Management Plan must be made available to all
employees as well as to the public during normal business
hours.
According to Mr. Gordon Leeks, AHERA Inspector for the
Texas Department of Health, the following are the Top 10
Most Common Deficiencies found when conducting AHERA
compliance inspections:
10.
Failure to update management plans to include the
name of the current Designated Person and a signed
statement that the Local Education Agency (LEA)
responsibilities will be met.
Reference: CFR 763.84 (g)(1)&(2)
9.
Failure to give the 2-hour asbestos awareness training
to maintenance and custodial staff within 60 days of
employment. Reference CFR 763.92(a)(1)
8.
Failure to attach a warning label immediately adjacent
to friable or nonfriable ACBM and suspected ACBM located
in routine maintenance areas (such as boiler rooms) at
each school building. Reference CFR 763.95 (a)
7.
Failure to conduct and document the LEA's periodic
surveillance every 6 months. Reference CFR 763.92
(b)
6.
Failure to have complete updated copies of the
Management Plan available at every school campus.
Reference CFR 763.93 (g)(3)
5.
Failure to notify at least annually, the availability of
Management Plans and exclusion statements and to
document this effort in the Management Plan.
Reference CFR 763.93 (g)(4)
4.
Failure to maintain documents related to a response
action such as TEM clearance results, worker
accreditation certificates and project designer
accreditations. Reference CFR 763.94 (b)
3.
Failure to have a Management Plan or not including
portable buildings in the current Management Plan.
Reference CFR 763.80 (a)
2.
Failure of the LEA to maintain in the Management Plan
and submit to TDH an exclusion statement signed by an
architect or project engineer for any new building built
after 10/12/88. Reference CFR 763.99 (a)(7)
And
the Number One AHERA Deficiency cited during TDH inspections
was:
1.
Failure to perform 3-year re-inspections on schools that
contain asbestos containing materials. Reference
CFR 763.85 (b)
Note
that although AHERA applies to non-profit schools, many
commercial and public buildings also maintain Asbestos
Management Plans. For more information on Asbestos
Inspections and Management Plans,
email us at info@cam-enviro.com.