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Local Education Agency (LEA) Responsibilities

The general Local Education Agency (LEA) responsibilities are to:

  1. Ensure the activities of any persons, who perform inspections, reinspections, and periodic surveillance, development and update management plans, execute response actions and conduct operations and maintenance activities are in compliance with the AHERA rules.
  2. Ensure all custodial and maintenance employees are properly trained commensurate to their duties as required by these rules and other applicable Federal and State regulations.
  3. Ensure workers, building occupants, and their legal guardians are informed at least once each school year regarding asbestos inspections, management plans, periodic surveillance, reinspection and response actions planned or in progress.
  4. Ensure short-term workers (e.g., telephone repair workers, utility workers, or exterminators) who may come in contact with asbestos in a school building are provided information regarding the locations of ACBM, suspected ACBM and assumed ACBM.
  5. Ensure warning labels are readily visible with the words, “CAUTION: ASBESTOS. HAZARDOUS. DO NOT DISTURB WITHOUT PROPER TRAINING AND EQUIPMENT” and are immediately attached adjacent to known or suspected ACBM.
  6. Ensure management plans developed by an accredited management planner are available for review upon request in each administrative office.
  7. Designate a person to implement the asbestos management requirements that have been adequately trained commensurate to their assigned duties (however are not required to be accredited) but must have the following level of knowledge:
    1. Health effects of asbestos;
    2. Detection, identification, and assessment of ACM and ACBM;
    3. Options for controlling ACBM;
    4. Asbestos management programs;
    5. Relevant Federal and State regulations concerning asbestos: Occupational Safety and Health Administration, U.S. Department of Labor, the U.S. Department of Transportation and the U.S. Environmental Protection Agency.
    All training completed by the designated person must be documented by course name, date(s) and hours of training and included into the management plan.
  8. Consider whether any conflict of interest may arise from the interrelationship among accredited personnel and whether that should influence the selection of accredited personnel to perform activities. For example, the abatement group should not perform the post-clearance activities.

All specific responsibilities of the LEA are outlined in 40 CFR Part 763.85 to 763.99 of the AHERA Rule. These rules outline in detail the requirements for inspections; reinspections, assessment, management plans, response actions, operations and maintenance, training, notification, periodic surveillance, recordkeeping and warning labels.

Helpful publications to assist in the understanding of the LEA responsibilities are:

  1. EPA How to Manage Asbestos in School Buildings AHERA Designated Person's Self-Study Guide, January 1996 (PDF)
  2. EPA AHERA Asbestos Management Plan, Self Audit Checklist for Designated Persons: (PDF)
  3. EPA Asbestos in Schools Publications

The following checklist is taken from the above cited publication “How to Manage Asbestos in School Buildings.”

Checklist of the Local Education Agency's General Responsibilities Under AHERA

The AHERA Designated Person must complete and sign a statement that the Local Education Agency has met (or will meet) the responsibilities listed below. All references are to specific provisions to the AHERA regulations (under §763.84). The AHERA Designated Person should be able to answer "yes" to each statement below.

  1. 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 40 CFR Part 763, Subpart E.
  2. All custodial and maintenance employees are properly trained as required in 40 CFR Part 763, Subpart E and all other applicable federal and/or state regulations (e.g., the Occupational Safety and Health Administration Asbestos Standard for Construction, the EPA Worker Protection Rule, or applicable state regulations).
  3. All workers and building occupants, or their legal guardians, are informed at least once each school year about inspections, response actions, post-response action activities, including periodic reinspections and surveillance activities, that are planned or in progress.
  4. All short-term workers (e.g., telephone repair workers, utility workers, or exterminators) who may come in contact with asbestos in school are provided information regarding the locations of ACBM and assumed ACBM.
  5. All warning labels are posted in accordance with § 763.95.
  6. All management plans are available for inspection, and notification of this availability has been provided in accordance with § 763.93(g).
  7. The undersigned person designated by the LEA according to 763.84(g)(1) has received adequate training as required by 763.84(g)(2).
  8. The LEA has and will consider whether any conflict of interest may arise from the interrelationship between accredited personnel, and whether this potential conflict should influence the selection of accredited personnel to perform activities under 40 CFR Part 763, Subpart E.

Contact Information

Wendy Murphy
325 West Gaines Street
Suite, 1054
Tallahassee, FL 32399
Phone: (850) 245-9295