Responsibilities of Designated Person Under AHERA

Please contact Kalyn Tew to request a PDF version of this information that can be used as a checklist.

As a designated person, you are responsible for ensuring you LEA stays in compliance with AHERA. Regardless of whether your LEA currently has asbestos containing building materials, you must:

  • Ensure that the school has had an initial asbestos inspection (by a certified asbestos inspector) for all buildings the school leases, owns, or otherwise uses.
  • Ensure an accredited management planner reviews this initial inspection and creates a management plan for your LEA.
    • A management plan is required regardless of whether asbestos containing building materials were discovered during the inspection.
    • Click here for an overview of the contents of an asbestos management plan
  • Ensure that an up-to-date copy of each school’s asbestos management plan is maintained at the school in a secure area.
  • Ensure that an up-to-date copy of the asbestos management plan is maintained in a central location, such as the district office.
    • This should be for all schools and all other buildings owned, rented, or otherwise used by the LEA.
  • At least once each year, send out a notification to all teachers, other employees, and parents, telling them that:
    • A copy of the asbestos management plan is available for review at a specific location.
    • If any asbestos response actions, such as abatement, are planned for the coming year.
    • If any post-response action activities are planned in the coming year.
    • Report on any fiber release episodes during the past year.
    • Any upcoming asbestos inspections, re-inspections, or periodic surveillance
  • Receive Designated Person training as required by section 763.84 (g) (2) of 40 CFR 763, Subpart E
  • Ensure that a new inspection is conducted for any new buildings constructed, purchased, rented or otherwise used by the school. Initial inspections must also be performed if renovations or building additions occur.
    • An initial inspection is NOT needed if an architect or project designer assures that no asbestos containing building materials were used in construction. This assurance is called an exclusion letter.

If any asbestos-containing building material is found, or assumed, during the asbestos inspection, the LEA must follow some additional requirements:

  • Conduct periodic surveillance every 6 months. This is to assess the condition of all previously identified, or assumed, asbestos-containing materials.
  • Ensure an accredited asbestos inspector conducts a re-inspection of all known, or assumed, asbestos containing material in each school building every three years.
  • Ensure an accredited management planner reviews each 3-year reinspection and develops recommendations if the condition of any known, or assumed, asbestos containing building material has changed.
  • Ensure the LEA has an O&M program for any friable asbestos containing building material that is not removed.
  • Ensure that only trained persons conduct maintenance activities related to asbestos containing materials.
    • All maintenance and custodial employees must receive the two-hour asbestos awareness training.
    • Any employees that are required to disturb asbestos-containing materials during custodial maintenance activities must have 16 hours of O&M training
    • All new employees must be trained as soon as possible (no later than 60 days after hire).
    • Training must meet requirements of 40 CFR Part 763, Subpart E and all other applicable federal and/or state regulations.
  • Ensure that warning labels are attached to asbestos-containing building materials in routine maintenance areas (such as boiler rooms) at each building.
  • Ensure that all outside contractors who are hired to perform activities that may disturb asbestos-containing materials are informed of the location of known and assumed asbestos-containing materials.
  • Ensure all persons who perform asbestos abatement, response actions, asbestos inspections, asbestos management plans, or asbestos project designs for each school and building under the LEA’s jurisdiction have current accreditation and certification.