Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 22 - STANDARDS FOR PUBLIC ELEMENTARY AND SECONDARY SCHOOLS › Section 581-022-2230 - Asbestos Management Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 statutory authority for this rule is the Asbestos Hazard Emergency Response Act
			 of 1986 as amended by Public Law 100.368 and subsequent rule published in the
			 Friday, October 30, 1987, Federal Register ( 40 CFR Part 763).
(2) Any public and private school that
			 acquires or leases a school building after October 12, 1988 shall submit an
			 Asbestos Management Plan to the Department of Education prior to
			 occupancy.
(3) The Management Plan
			 shall include all the elements contained in
			 40 CFR §
									763.93(e).
(4) General local education agency
			 responsibilities (as stated in
			 40 CFR §
									763.84). Each local education agency shall:
(a) Ensure that the activities of any persons
			 who perform inspections, reinspections, and periodic surveillance, develop and
			 update management plans, and develop and implement response actions, including
			 operations and maintenance, are carried out in accordance with Subpart E ( 40
			 CFR 763);
(b) Ensure that all
			 custodial and maintenance employees are properly trained as required by Subpart
			 E ( 40 CFR 763) and other applicable federal and/or state regulations (e.g.,
			 the Occupational Safety and Health Administration asbestos standard for
			 construction, the EPA worker protection rule);
(c) Ensure that workers and building
			 occupants, or their legal guardians, are informed at least once each school
			 year about inspections, response actions, and post-response action activities,
			 including periodic reinspection and surveillance activities that are planned or
			 in progress; or
(d) Ensure that
			 short-term workers (e.g., telephone repair workers, utility workers, or
			 exterminators) who may come in contact with asbestos in a school are provided
			 information regarding the locations of Asbestos Containing Building Material
			 (ACBM) and suspected ACBM assumed to be Asbestos Containing Material
			 (ACM);
(e) Ensure that warning
			 labels are posted in accordance with §763.95;
(f) Ensure that management plans are
			 available for inspection and notification of such availability has been
			 provided as specified in the management plan under §763.93(g);
(g)
(A)
			 Designate a person to ensure that requirements of this section are properly
			 implemented; and
(B) Ensure that
			 the designated person receives adequate training to perform duties assigned
			 under this section. Such training shall provide, as necessary, basic knowledge
			 of:
(i) Health effects of asbestos;
(ii) Detection, identification, and
			 assessment of ACM;
(iii) Options of
			 controlling ACBM;
(iv) Asbestos
			 management programs;
(v) Relevant
			 federal and state regulations concerning asbestos, including those in Subpart E
			 ( 40 CFR 763) and those of the Occupational Safety and Health Administration,
			 U. S. Department of Labor, the U. S. Department of Transportation and the U. S.
			 Environmental Protection Agency.
(h) Consider whether any conflict of interest
			 may arise from the interrelationships among accredited personnel and whether
			 that should influence the selection of accredited personnel to perform
			 activities under this subpart.