- EPA accepts electronic record-keeping, but hard copies of the original survey and asbestos management plan must be maintained at the Local Education Agency (LEA) office.
- The LEA must assign and train a designated person to oversee asbestos activities and ensure compliance with AHERA requirements. The designated person must be trained but does not require them to be accredited and does not list a specific course or specific number of hours. It does list specific training topics which include - health effects; detection, identification, & assessment of asbestos; options for controlling asbestos; asbestos management plan topics; and relevant Federal, State, and local regulations for asbestos. As a side note: Future Environment Designs (FEDTC) recommends designated persons take the asbestos inspector (3 day) and management planner (2 day) initial courses to meet the AHERA requirements.
- EPA allows two methods for new additions to existing buildings. An architect or project engineer responsible for the construction of a new school building after October 12, 1988 or an accredited inspector to:
- to sign a statement that no asbestos containing building materials (ACBM) was specified as a building material in any construction document for the building, or
- to the best of his or her knowledge, no ACBM was used in any building material in the building.
- The LEA must submit a copy of this statement to the EPA Regional Office and shall include the statement in the management plan of the school.
- Deficiencies found by the audit included:
- Periodic surveillances were missing or weren't well documented
- Documentation of notifications not included or well documented
- ACBM removal not updated in the management plan
- Clearance air monitoring records not available per AHERA
|Mr. Don Pierce of NYSDOL|
|Mr. Kevin Hutton of Eastcoast Resources|
- According to the Asbestos School Hazard Abatement Re-authorization Act (ASHARA) an asbestos project designer is required on Public and Commercial Building asbestos projects (including residential buildings with 10 or more dwellings).
- When writing a variance consider your audience: DOL ESU; Abatement Contractor, Project Monitor; Asbestos Control Bureau (ACB) Inspector; Occupational Safety and Health Administration (OSHA) Inspector (Compliance Safety Officer); and the Courts.
- Mr. Smith discussed that his department handles between 1400-1500 variances a year. About 25% are then reopened, with another 5% reopened a second time and another 5% reopened a third time. Mr. Smith also provided us with a list of Pet Peeves regarding variance applications which included:
- Failing to explicitly list what code sections you are requesting relief from
- Don't be lazy and simply submit someone else's variance and state you want to do what is in that variance. Own your work, your client is paying you to apply for a variance on their behalf.
- "State-Wide" emergencies
- Try to limit your write-up to the hardship and proposed steps to be taken to work around the hardship.
|Mr. Ed Smith of NYSDOL Engineering Services Unit|
|John of TS Steakhouse at Turning Stone Casino|