The Asbestos Hazard Emergency Response Act
Everyone has the right to a safe workplace and learning environment. Asbestos in schools threatens that right for the millions of students, teachers, and staff that spend the majority of their day in the nation's educational institutions. While many of America's schools are safe from environmental toxins, just as many are not.
That is why Congress passed the Asbestos Hazard Emergency Response Act (AHERA) in 1986, which puts in place standards for managing asbestos in schools. Through the implementation of AHERA, a provision of the Toxic Substances Control Act, the EPA can help assure students, parents, faculty, and staff that they are working and learning in a toxic-free environment.
What is the Asbestos Hazard Emergency Response Act?
Simply put, the AHERA requires that all educational agencies inspect their schools for asbestos-containing building material at regular intervals and prepare management plans that make recommendations for the reduction of asbestos hazards.
All public school districts and non-profit private schools, including charter schools and all religious-affiliated institutions, are subject to the laws of the act. Under the auspices of the AHERA, the Environmental Protection Agency (EPA) provides guidelines and information about the act to local education agencies as well as parents and teachers.
How does AHERA help?
AHERA spells out specific rules by which educational agencies must abide in the hopes that adherence to these rules will result in quick solutions to any problems with asbestos inside or outside the nation's schools. These rules are stated as follows:
- Perform an original inspection and re-inspection of asbestos-containing material every three years;
- Develop, maintain, and update an asbestos management plan and keep a copy at the school;
- Provide yearly notification to parent, teacher, and employee organizations regarding the availability of the school's asbestos management plan and any asbestos abatement actions taken or planned in the school;
- Designate a contact person to ensure the responsibilities of the local education agency are properly implemented;
- Perform periodic surveillance of known or suspected asbestos-containing building material;
- Ensure that properly-accredited professionals perform inspections and response actions and prepare management plans; and
- Provide custodial staff with asbestos-awareness training.
Following the Rules
Parents, teachers, or staff members who believe their school(s) are not following the mandates of the Asbestos Hazard Emergency Response Act have the right to report concerns to local environmental officials. The EPA maintains 10 Regional Offices to implement Federal environmental programs around the country and these offices correspond with local officials to ensure compliance with AHERA on all levels.
