[Code of Federal Regulations]
[Title 40, Volume 30]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR763.84]

[Page 731-732]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 763_ASBESTOS--Table of Contents
 
           Subpart E_Asbestos-Containing Materials in Schools
 
Sec. 763.84  General local education agency responsibilities.

    Each local education agency shall:
    (a) 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 
subpart E of this part.
    (b) Ensure that all custodial and maintenance employees are properly 
trained as required by this subpart E 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).
    (c) Ensure that workers and building occupants, or their legal 
guardians, are informed at least once each school year about 
inspections, response actions, and post-response action activities, 
including periodic reinspection and surveillance activities that are 
planned or in progress.
    (d) Ensure that short-term workers (e.g., telephone repair workers, 
utility workers, or exterminators) who may come in contact with asbestos 
in a school are provided information regarding the locations of ACBM and 
suspected ACBM assumed to be ACM.
    (e) Ensure that warning labels are posted in accordance with Sec. 
763.95.

[[Page 732]]

    (f) Ensure that management plans are available for inspection and 
notification of such availability has been provided as specified in the 
management plan under Sec. 763.93(g).
    (g)(1) Designate a person to ensure that requirements under this 
section are properly implemented.
    (2) Ensure that the designated person receives adequate training to 
perform duties assigned under this section. Such training shall provide, 
as necessary, basic knowledge of:
    (i) Health effects of asbestos.
    (ii) Detection, identification, and assessment of ACM.
    (iii) Options for controlling ACBM.
    (iv) Asbestos management programs.
    (v) Relevant Federal and State regulations concerning asbestos, 
including those in this subpart E 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.
    (h) 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 subpart.