ASBESTOS

LADEQ wasn't happy with our Asbestos Management Plans. I wasn't sure I could trust you. Our previous consultant didn't do quality work, and I wasn't sure you would either. You overhauled our Asbestos Management Plans and made them a useful management tool. LADEQ made another inspection. Upon learning you were on board and observing our AMP, they said, "You have made a good decision." No more nasty letters from LADEQ! - Jeff Parent, Ascension Parish School Board

knowledge from a pioneer in the field

We have helped Owners safely remove asbestos for over 20 years.

Our firm is a pioneer in Louisiana's asbestos management industry. Our firm completed more school system asbestos inspections and management plans by the original deadline than any other firm.

We've been fortunate to work on school for projects for the last 20+ years, doing a lot of different things, but more often than not, we have to work with the school's asbestos management plan. Sometimes it's pretty easy and straight forward, and sometimes, well, not so much. 

 

 

 

Here are some common problem areas we observe when reviewing asbestos management plan (AMP) files:

  • No asbestos management plan file at the site.
  • Six Month Periodic Surveillances not regularly performed.
  • Three Year Asbestos Reinspection and Management Plan Updates not performed.
  • Inspection, Reinspection, and Management Plan work performed by non-accredited individuals.
  • No record of custodial training for asbestos awareness, as well as no record of training for the facility's designated person.
  • No notification of asbestos management plan availability.
  • Abatement project design and other work performed by non-accredited individuals.
  • Inadequate documentation of asbestos abatement activities.

Your Asbestos Management Plan File

 

Assuming your facility falls under AHERA (Asbestos Hazard Emergency Response Act) and related federal and state regulations, and has asbestos containing material (ACM), there are some things you must do to comply with the regulations. Also assuming you already have a completed asbestos inspection and asbestos management plan, there are ongoing tasks you must perform, many of which are listed above.

 

It all starts with your file. If the information isn't in your file, it didn't happen. It's that simple, so start with making sure the key elements are present in your facility files.

 

Keep a matching file for each facility at your main office - that way, if your file is lost or damaged, you can easily replace the file that must be kept onsite. Over the years, we've noticed files were discarded due to limited space. Make sure the facility staff can easily locate the file - if the staff can quickly and easily produce the file, many times the onsite audit process becomes much easier.

 

What do I have to do?

 

After completing the initial asbestos inspection and asbestos management plan (by accredited individuals), you'll enter a period where the facility's asbestos management plan file becomes a living document of sorts, at least with respect to your facility's asbestos. Every time an asbestos related even happens at that facility, related information goes into the AMP.

 

Six Month Periodic Surveillances and Three Year Asbestos Reinspections and Management Plan Updates

 

Chronologically speaking, you'll enter a cycle of activity involving periodic surveillances and asbestos reinspections/management plan updates. These events occur on a six month cycle (hence the "six month periodic surveillance" and "three year asbestos reinspection and management plan update" terms).

 

Although these tasks don't have to occur 180 days to the day from the last cycle event, these items must be performed regularly enough to show you're keeping up with the condition of asbestos at your facility.

 

There are no specific qualifications for individuals performing Six Month Periodic Surveillances. So you or any member of your staff, or a consulting firm can perform this task. The key is getting the surveillance done. The purpose is a quick check of the ACM to see if there's been any change in the condition since the initial inspection, last periodic surveillance, or reinspection (whichever is most recent). There are also no specific guidelines for what makes up a periodic surveillance report, other than date performed, facility data, person performing the surveillance, and notes regarding ACM change of condition. So the periodic surveillance can take the form of a letter, form, or handwritten note.

 

Once every three years, and approximately three years after the initial asbestos inspection, an accredited asbestos inspector must perform a reinspection of each facility covered by AHERA and related regulations. The reinspection is very similar to the initial inspection, involving many of the same elements (but may not include sampling). The goal is to assess the condition of known or assumed ACM, and make recommendations for use in the updated asbestos management plan. At this time, the inspector will note any ACM that's been removed. Floor plans, report information, etc. will change as required.

 

Next, an accredited asbestos management planner will review the reinspection report and other file information, and you guessed it - update the facility management plan. 

 

Among other things, the update will contain information regarding changes to the ACM's condition, hazard assessment due to the ACM's condition, and recommendations for removal or long term management of ACM.

 

These have to continue on a regular schedule until all ACM is removed, or your facility no longer falls under the AHERA (and related state & federal regulations). What's key here is using accredited asbestos inspectors and asbestos management planners where required. We commonly see where Owners hire individuals lacking proper accreditation. Even if the individuals are experienced, without the proper accreditation, those individuals may not perform those tasks. If the regulatory agencies find these, you may get a notice of deficiency or compliance order to correct these items.

 

Sometimes we visit facilities that haven't regularly performed these tasks since completing the original AMP. Lapses can occur as personnel change responsibilities, priorities change, or budget limitations prevent allocation of resources.

 

Training - Custodians and Designated Person

 

Custodians and maintenance personnel who work at the facility and who may come in contact with ACM must be trained. At a minimum, the training must be 2 hours in duration and follow EPA guidelines. If custodians and maintenance personnel will actually perform cleanup, maintenance, or removal of ACM, training requirements and duration become more stringent.
 
A Designated Person is selected by the Owner to ensure all asbestos related activities comply with applicable regulations. Many times this person works in the Owner's facility management or planning and construction department. If not already trained, this person must have training (usually at least 8 hours). The Designated Person will make sure training, six month periodic surveillances, asbestos reinspections and AMP updates, notifications, and abatement projects comply with regulatory requirements.
 
Training records must go into the AMP file. Many times, tracking custodial training is difficult due to high turnover and shuffling of personnel among facilities. A master training database may help track personnel and speed the transfer of records to the facilities.
 

Asbestos Management Plan Availability

 

For facilities covered by AHERA and related regulations, the Owner must make annual notification to interested parties certain information regarding the asbestos management plan (designated person contact data and information on accessing the AMP). The interested parties usually include teachers, facility staff, and parents of students. That way, if any facility employees or parents/guardians can obtain the facility's AMP for review, and also contact the designated person for further information.
 
Notification can be made using different methods. The Owner may use the local newspaper and/or a newsletter item to convey the notification. The day will come when this can be done over the internet. Some regulatory agencies may currently accept this method, but some are reluctant since not all individuals may have regular access to email and the internet. However the notification is completed, a copy must be in the facility AMP file.  
 

Projects Involving Asbestos Containing Materials

 

For facilities covered by AHERA and related regulations, most asbestos abatement projects must be performed by accredited individuals. So an accredited asbestos abatement project designer (usually a registered engineer, registered architect, or certified industrial hygienist) must prepare documents that cover the scope of work. And don't forget applicable bid laws and project submittals to agencies like the state fire marshal for plan review (if required).
 
Also, make sure that individuals who perform the work (whether operations and maintenance activities, abatement, air monitoring/contractor observation) are trained/accredited as required. Make sure contractors who perform work that disturbs ACM are licensed, bonded, and insured to perform asbestos related work. Where in-house personnel perform work, make sure their level of training is appropriate for the work tasks.
 
We often come across projects that were performed as part of a renovation, and the abatement was included in the renovation plans and specifications. Or the abatement plans and specifications were handled separately by the Owner prior to the renovation project. Either way, if the project designer is not an accredited asbestos abatement project designer, the Owner faces potential risk due to non-compliance with the regulations.
 

Abatement Project Information and Actions Involving Asbestos Containing Materials

 

For facilities covered by AHERA and related regulations, the facility's asbestos management plan file must contain records of abatement and "response actions" at the facility that involve ACM. Besides abatement, these activities include: encapsulation, enclosure, repair, and any other operations and maintenance (O&M) activities. As mentioned above, the AMP is a living document of sorts - and the file must reflect any changes that occur to the quantity and condition of the ACM present at the facility.
 
More often than not, we come across facilities that have undergone multiple abatement/renovation projects over the years, and the facility's AMP may contain little or no documentation. This can make random inspections difficult for regulatory agency personnel who are trying to determine when and how an entire section of ACM was removed.
 

Enforcement

 

State environmental regulatory agencies (and in some cases, EPA) conducts random inspections to check asbestos management plan compliance. Surprisingly, some facilities have never been visited, while others have been inspected multiple times. At some point though, each school system will be audited.

 

The good news is the state and federal agencies work with school facilities to correct deficiencies. I recommend doing a status check to make sure your facility asbestos management plans will stand up to the scrutiny. 

 

If your facility is visited and the file is missing some (or all) key elements, don't panic. Maybe the items have been performed and the information didn't make it into the file yet. Or maybe something came up that prevented tasks being completed. Or in the case of many on the Gulf coast and in other areas affected by disaster, records may have been lost or destroyed.

 

The key is what you'll do now - the state or federal agency who noted areas of concern will likely give you time to correct the deficiency. Although you may have to hustle to complete the required tasks, do all you can to comply. If the regulatory agencies see you trying, they probably won't drop the hammer (penalty wise). If you ignore them, they'll drop the hammer, and you'll still have to comply - so try to make coming into compliance as easy as possible.

 

Recommendations for a quick check:

 

1. check your facility's file - can you locate the asbestos management plan file that must be onsite?   

 

2. does the facility file match the copy kept at your main office?   

 

3. are all required elements in the file (6 month periodic surveillances, management plan updates, training, notifications, abatement records)?


4. do you have a controlling calendar for key to-do list items (6 month periodic surveillances, asbestos management plan updates, training, renovation projects)?


5. do you have a qualified asbestos consulting firm on board to help you with any items you can't (or don't want to) perform in-house?

 

What to look for when selecting an asbestos management consultant:

 

1. firm with over 20 years' experience in helping Owners solve and manage asbestos problems.  

 

2. firm other professionals call to help them solve and manage asbestos problems.


3. firm staffed with registered professional engineers, accredited asbestos inspectors, asbestos management planners, asbestos contractor/supervisors, and asbestos project designers.

 

4. firm with professional liability insurance to minimize your environmental liability.

 

Contact us to discuss your asbestos management plan

 

Email Chris White to discuss any questions you have regarding your asbestos management plan. We're ready to help you.

 

Click here to visit EPA's Asbestos in Schools webpage. 


Below is a checklist for evaluating asbestos management plan compliance status.

ARTICLES

 

ASBESTOS MANAGEMENT CHECKLIST