La. Admin. Code tit. 33 § III-2705

Current through Register Vol. 50, No. 8, August 20, 2024

Section III-2705 - General Local Education Agency, State, or Local Government Responsibilities

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.

La. Admin. Code tit. 33, § III-2705

Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 15:735 (September 1989), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 20:649 (June 1994), amended by the Office of the Secretary, Legal Division, LR 40:503 (March 2014).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2344 and 40:1749.1.