Current through Register Vol. 50, No. 9, September 20, 2024
A. Each local
education agency or the state government shall:
1. ensure that 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 this
Chapter;
2. ensure that all
custodial and maintenance employees are properly trained as required by this
Chapter and 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. ensure that
workers and building occupants, or their legal guardians, are informed at least
once each year about inspections, response actions, and post-response action
activities, including periodic reinspection and surveillance activities that
are planned or in progress;
4.
ensure that short-term workers (e.g., telephone repair workers, utility
workers, or exterminators) who may come in contact with asbestos in a school or
state building are provided information regarding the locations of ACBM and
suspected ACBM assumed to be ACM;
5. ensure that warning labels are posted in
accordance with LAC 33:III.2727;
6.
ensure that management plans are available for inspection and that notification
of such availability has been provided as specified in the management plan
under LAC 33:III.2723.F;
7.
designate a person to ensure that requirements under this Section are properly
implemented;
8. ensure that the
person designated under Paragraph A.7 of this Section receives training from a
recognized instructor qualified to provide training to perform duties assigned
under this Section. Such training shall provide, as necessary, basic knowledge
of:
a. health effects of asbestos;
b. detection, identification, and assessment
of ACM;
c. options for controlling
ACBM;
d. asbestos management
programs; and
e. relevant federal
and state regulations concerning asbestos, including those in this Chapter, in
Subchapter M of LAC 33:III.Chapter 51, and those of the Occupational Safety and
Health Administration, U.S. Department of Labor, the U.S. Department of
Transportation, and the U.S. Environmental Protection Agency;
9. 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 under this Section.
B. The requirements of this Chapter in no way
supersede the worker protection and work practice requirements under
29 CFR
1910.1001 (Occupational Safety and Health
Administration [OSHA] asbestos worker protection standards for general
industry), 1926.1101 (OSHA asbestos worker protection standards for
construction), 40 CFR part 763, subpart G (EPA asbestos worker protection
standards for public employees), LAC 33:III.2799, Appendix A, and LAC
33:III.Chapter 51, Subchapter M.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2344 and
40:1749.1.