
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
