§ 2655. — Worker protection.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2655]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER II--ASBESTOS HAZARD EMERGENCY RESPONSE
Sec. 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.
(Pub. L. 94-469, title II, Sec. 215, as added Pub. L. 100-368,
Sec. 4(a), July 18, 1988, 102 Stat. 832.)
Effective Date
Section 4(c) of Pub. L. 100-368 provided that: ``Section 215 of the
Toxic Substances Control Act [this section], as added by subsection (a),
shall take effect on October 12, 1988.''
Section Referred to in Other Sections
This section is referred to in section 2647 of this title.
