The risk of school children being exposed to asbestos fibers is a serious and legitimate concern. Inhaled asbestos fibers can cause serious health problems including mesothelioma, a deadly form of lung cancer. The effects of lung cancer, particularly on children, are devastating.
Because of this asbestos risk, Congress passed the Asbestos Hazard Emergency Response Act (AHERA) in October 30, 1986. The act is designed to protect school children and school employees from exposure to asbestos in school buildings. AHERA required EPA to develop regulations for dealing with asbestos in public and nonprofit private elementary and secondary schools.
The peak years of asbestos use in schools were from 1939 until the 1970s. The Environmental Protection Agency (EPA) estimates that there are asbestos-containing materials in most of the nation’s primary, secondary and charter schools. Asbestos is most commonly used in schools as insulation and in building materials.
The AHERA schools rule requires all public school districts and private schools to conduct an asbestos risk assessment in all school buildings; to develop plans to manage asbestos in schools; and to carry out the plans in a timely fashion. The rule also provides an opportunity for parents, teachers, and other school employees to be informed about the asbestos risks in their children’s schools and become familiar with and involved in their school’s asbestos management program. School officials are required to notify parent, teacher and employee groups about asbestos-related activities.
The EPA developed steps that detail the proper way to deal with asbestos materials in public schools in order to minimize asbestos exposure. Upon finding asbestos in a school building, school officials can develop and carry out a special maintenance plan to ensure that asbestos containing materials are kept in good condition. This is the most common method when the materials are in good condition at the time of initial inspection. School officials can also repair damaged pipe or boiler covering, which is known as thermal system insulation. Another option is to spray the material with a sealant to prevent fiber release – a process called encapsulation. Further, school officials can decide to place a barrier around the materials, which is known as an enclosure. The last option is to remove the asbestos – under special procedures. Only an AHERA-accredited management planner – an asbestos professional with proper training, qualifications, and experience – is authorized to advise school officials on which response action is appropriate for a particular situation. The final selection of the proper method is up to school officials after they receive the advice of the school’s accredited management planner.
Of course, if a child or school official is diagnosed with mesothelioma, the affected parties should consult a mesothelioma asbestos law firm for legal advice. Because of the nature of the disease and the law surrounding asbestos, mesothelioma litigation is very specialized and complex. It is important that the affected parties consult a mesothelioma cancer attorney.
