§2655 — Title 15 Commerce and Trade | U.S. Code

Summary

A local educational agency must not let workers do renovations, remove building materials, or do routine operations and maintenance in a school until it has sent a management plan that the State Governor has not disapproved by the end of the review period under section 2645. Renovations or removal are allowed only for emergency repairs, work done under a grant under section 4014 of title 20, or after an inspection done under section 2643 and when the agency follows 40 CFR 763.90(g), (h), and (i) and Appendix D to subpart E of part 763. Operations and maintenance may happen only if the agency follows 40 CFR 763.91 (including Appendix B to subpart E) and 763.92(a)(2). Any school employee ordered to do emergency repairs involving asbestos (or suspected asbestos), or to do operations and maintenance, must be given proper training, the right equipment, and allowed to follow safe work practices to prevent asbestos exposure. An "emergency repair" is an unplanned fix after a sudden event that threatens building occupants’ health or safety or the building’s structural integrity.

Title 15, §2655

Commerce and Trade — Source: USLM XML via OLRC

(a)Until the local educational agency with authority over a school has submitted a management plan (for the school) which the State Governor has not disapproved as of the end of the period for review and revision of the plan under section 2645 of this title, the local educational agency may not do either of the following in the school:

(1)Perform, or direct an employee to perform, renovations or removal of building materials, except emergency repairs, in the school, unless—

(A)the school is carrying out work under a grant awarded under section 4014 of title 20; or

(B)an inspection that complies with the requirements of regulations promulgated under section 2643 of this title has been carried out in the school and the agency complies with the following sections of title 40 of the Code of Federal Regulations:

(i)Paragraphs (g), (h), and (i) of section 763.90 (response actions).

(ii)Appendix D to subpart E of part 763 (transport and disposal of asbestos waste).

(2)Perform, or direct an employee to perform, operations and maintenance activities in the school, unless the agency complies with the following sections of title 40 of the Code of Federal Regulations:

(A)section 763.91 (operations and maintenance), including appendix B to subpart E of part 763.

(B)Paragraph (a)(2) of section 763.92 (training and periodic surveillance).

(b)Any school employee who is directed to conduct emergency repairs involving any building material containing asbestos or suspected of containing asbestos, or to conduct operations and maintenance activities, in a school—

(1)shall be provided the proper training to safely conduct such work in order to prevent potential exposure to asbestos; and

(2)shall be provided the proper equipment and allowed to follow work practices that are necessary to safely conduct such work in order to prevent potential exposure to asbestos.

(c)For purposes of this section, the term “emergency repair” means a repair in a school building that was not planned and was in response to a sudden, unexpected event that threatens either—

(1)the health or safety of building occupants; or

(2)the structural integrity of the building.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 100–368, § 4(c),

July 18, 1988, 102 Stat. 833, provided that: “section 215 of the Toxic Substances Control Act [this section], as added by subsection (a), shall take effect on

October 12, 1988.”

§2655 Worker protection

Summary

Title 15, §2655

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata