1. Basic Strategy to a Successful AHERA Inspection
MA Division of Occupational Safety
Workforce Safety & Health Program

2. What is AHERA?
Asbestos Hazard Emergency Response Act (40 CFR 763, Subpart E)
Title II of the Toxic Substances Control Act, 15 USC 2601 et seq
Has been in effect since 1989
Has not been modified or updated
EPA enforces unless a state agency is delegated

3. Top 5 Violations
Failure to designate a person to oversee AHERA and get him/her trained
Failure to issue annual notification to parents & teachers
Failure to maintain complete response action records
Failure to perform 3-year reinspections
Failure to post warning labels in routine maintenance areas

4. Why is My School Getting Audited?
Random Selection—never audited before, or longer than 5 years
Complaint
Referral from another agency

5. Preparing for AHERA Inspection
Review the AHERA compliance checklist
Locate the documents if possible
Don’t recreate documents
You will have the opportunity to correct any violations identified
Have all interested parties attend the opening conference (Supt, Bus Mgr, Facilities Mgr, etc.)

6. Getting Started Do you have a Designated Person?
Are they aware of what AHERA requires?
Do you know where your Management Plan is?
Has there been a reinspection within the last 3 years?
Have you sent out the annual notification to parents for ?

7. Who is covered under AHERA
ALL schools grades K-12
Schools must have a management plan, whether or not there is ACM in the building
Includes new construction or leased buildings
Initial inspection to identify, quantify, and assess condition of ACM

8. AHERA Requires
Annual notifications to parents each year about the availability of the management plan
Surveillance every 6 months of all ACM identified in the management plan
Reinspection of all school buildings every 3 years if ACM is present

9. AHERA Requires
Notify outside contractors who may disturb ACM in the course of their activities
Use of licensed/trained personnel to conduct any asbestos related activities in schools
Implement Operations & Maintenance (O&M) Program to manage asbestos in place

10. What is a Designated Person
A “designated person” is an individual who is appointed by the Local Education Agency to oversee all asbestos related activities that are conducted in the school buildings.
As the designated person, you must be sure that all the requirements of AHERA are carried out

11. Designated Person Information
Must sign a statement assuring that AHERA requirements will be met
Includes name, address, phone number
Some form of training in asbestos and pertinent regulations
If the DP changes, Management Plan must be updated with new person

12. Designated Person Responsibilities
Ensure management plan is updated as required i.e. reinspections, abatement records
Ensure custodial staff is trained
Provide annual notifications
Notify short term workers of the locations of ACM

13. Designated Person Responsibilities
Post warning signs in routine maintenance areas
Ensure management plans are available in the school office and admin office
Ensure any asbestos consultants or contractors are properly licensed

14. What is a Management Plan?
A survey of all building materials to determine of they are asbestos containing materials
A living document updated with periodic monitoring of materials identified as ACM
Was submitted to DOS in1989 for approval—new schools must still submit and get approval

15. What is in the Management Plan?
Designated Person information
Training records
Response Action records
Periodic surveillance records
Small scale repair records
Copies of notifications
Bulk sample reports
Building survey for asbestos
3 year reinspection reports
Operations & Maintenance Program

16. New Schools
Q: What should be put in a management plan for a new school?
A: Management Plans for new schools should contain:
Architect statement
Annual notification
Designated Person information
Management Planners name, signature, and cert #

17. Operations and Maintenance (O&M) Programs
Q: What is an O&M program?
A: A program to manage asbestos in place, prevent further damage to ACM, and allow for prompt cleanup and/or repair of damaged ACM. This must be a part of the AHERA Management Plan and address the ACM in your school buildings.

18. Purpose of O&M Program
Minimize risk of asbestos exposure to building occupants
Ensure prompt cleanup of any asbestos fibers previously released
Prevent further release of asbestos fibers
Manage asbestos effectively in place—monitor the condition of ACM

19. Asbestos Containing Material
ACM is:
Any material containing >1% asbestos
Becomes regulated under state and federal regulations
Requires training and/or certification to work with ACM

20. How Do I Manage Asbestos Materials?
Removal—glovebags, full containment
Repair—wet wrap small sections
Enclose—preformed PVC covering, metal jackets, wood—air tight barrier
Encapsulate—weight becomes a problem
Operations & Maintenance—monitor changes, maintain in good condition (floor tiles, pipe covering, transite wallboard)

21. Monitor ACM for Change in Condition
Pipe insulation free of holes, tears, exhibit no evidence of contact damage
Surfacing material firmly adhered to its substrate and/or encapsulated
Floor tiles covered with several coats of sealer, no missing pieces
No visible debris should be present in the vicinity of ACM

23. Recognizing Suspect ACM
Surfacing Material - sprayed on or troweled onto surfaces
Thermal System Insulation (TSI) - applied to pipes, boilers, ducts, and tanks to prevent heat loss/gain, or condensation
Miscellaneous - all other ACM: floor & ceiling tiles, textiles, cement panels, siding, roofing

24. Thermal System
Insulation

26. Deteriorating Plaster

27. Air erosion of textured ceiling

28. SURFACING MATERIAL

29. Miscellaneous Materials

32. Warning Label Posted in Routine Maintenance Areas

33. EPA Guidance www.epa.gov/asbestos
It is NOT illegal to have asbestos in your building
It IS illegal to REAPPLY asbestos surfacing or thermal system insulation
Asbestos is a hazard when fibers become airborne
Maintaining asbestos properly in place is safer than improper removal

34. Removal is required Cannot be restored to an “intact” condition
Remove the damaged portion
Clean visible debris from floor
Regulated activity

35. Removing Asbestos Use only currently licensed personnel— contractors,
workers,
inspectors,
project monitors

36. Small Scale Removal Keep asbestos wet
Contain dust—keep fibers out of the air
Repair any asbestos exposed during the job
Maintain records of any removal or repair

37. Keep Records Updated
Do you have a current inventory of where the ACM is in your school—is it accurate
Have you read and implemented the Response Action Recommendations
Does the O&M program reflect what your school does
Small scale work done in house
Notifying outside contractors

38. Periodic Surveillance
Done every 6 months
Document who did it, the date, any change in condition
Look for holes from contact, stains from water damage, dust/debris on top of ceiling tiles
Use a current list of identified ACM

39. What should your school do?
Locate your management plan; check the date of the last 3-year reinspection
Keep a copy in each school office and in the administrative office of the district
Make sure all maintenance & custodial personnel have had awareness training
Ensure that records of removal or repair, including air monitoring, is kept with each copy of the management plan

40. Contacts MA DOS –Janet McKenna janet.mckenna@state.ma.us
ext 100
licenses
asbestos contractors, analytical services
notifications
Check jobs in your city or region
self study guide for designated person