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U.S. Code as of:
01/19/04
Section 2655. Worker protection
(a) Prohibition on certain activities
Until the local educational agency with authority over a school
has submitted a management plan (for the school) which the State
Governor has not disapproved as of the end of the period for review
and revision of the plan under section 2645 of this title, the
local educational agency may not do either of the following in the
school:
(1) Perform, or direct an employee to perform, renovations or
removal of building materials, except emergency repairs, in the
school, unless -
(A) the school is carrying out work under a grant awarded
under section 4014 of title 20; or
(B) an inspection that complies with the requirements of
regulations promulgated under section 2643 of this title has
been carried out in the school and the agency complies with the
following sections of title 40 of the Code of Federal
Regulations:
(i) Paragraphs (g), (h), and (i) of section 763.90
(response actions).
(ii) Appendix D to subpart E of part 763 (transport and
disposal of asbestos waste).
(2) Perform, or direct an employee to perform, operations and
maintenance activities in the school, unless the agency complies
with the following sections of title 40 of the Code of Federal
Regulations:
(A) Section 763.91 (operations and maintenance), including
appendix B to subpart E of part 763.
(B) Paragraph (a)(2) of section 763.92 (training and periodic
surveillance).
(b) Employee training and equipment
Any school employee who is directed to conduct emergency repairs
involving any building material containing asbestos or suspected of
containing asbestos, or to conduct operations and maintenance
activities, in a school -
(1) shall be provided the proper training to safely conduct
such work in order to prevent potential exposure to asbestos; and
(2) shall be provided the proper equipment and allowed to
follow work practices that are necessary to safely conduct such
work in order to prevent potential exposure to asbestos.
(c) "Emergency repair" defined
For purposes of this section, the term "emergency repair" means a
repair in a school building that was not planned and was in
response to a sudden, unexpected event that threatens either -
(1) the health or safety of building occupants; or
(2) the structural integrity of the building.
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