ASBESTOS & MESOTHELIOMA GUIDE:
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NESHAPAsbestos Lawyers & Mesothelioma Attorneys
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Asbestos Hazardous Emergency Response Act (AHERA)
Title 20, Chapter 52,
Sec. 4011.
(a) Findings
(1)
exposure to asbestos fibers has
been identified over a long period of time and by reputable medical and scientific
evidence as significantly increasing the incidence of cancer and other severe
or fatal diseases, such as asbestosis;
(2)
medical evidence has
suggested that children may be particularly vulnerable to environmentally induced
cancers;
(3)
medical science has not established any minimum
level of exposure to asbestos fibers which is considered to be safe to individuals
exposed to the fibers;
(4)
substantial amounts of asbestos, particularly
in sprayed form, have been used in school buildings, especially during the period
1946 through 1972;
(5)
partial surveys in some States have indicated
that
(A)
in a number of school buildings materials containing
asbestos fibers have become damaged or friable, causing asbestos fibers to be
dislodged into the air, and
(B)
asbestos concentration far exceeding
normal ambient air levels have been found in school buildings containing such
damaged materials;
(6)
the presence in school buildings of friable
or easily damaged asbestos creates an unwarranted hazard to the health of the
school children and school employees who are exposed to such materials;
(7)
the Department of Health and Human Services and the Environmental Protection
Agency, as well as several States, have attempted to publicize the potential hazards
to school children and employees from exposure to asbestos fibers, but there is
no systematic program for remedying hazardous conditions in schools;
(8)
because there is no Federal health standard regulating the concentration
of asbestos fibers in noncommercial workplace environments such as schools, school
employees and students may be exposed to hazardous concentrations of asbestos
fibers in the school buildings which they use each day;
(9)
without
a program of information distribution, technical and scientific assistance, and
financial support, many local educational agencies and States will not be able
to mitigate the potential asbestos hazards in their schools; and
(10)
the effective regulation of interstate commerce for the protection of the
public health requires the establishment of programs under this subchapter to
mitigate hazards from exposure to asbestos fibers and materials emitting such
fibers.
(b) Purpose
(1)
direct the Administrator of the Environmental
Protection Agency to establish a program to assist States and local educational
agencies to ascertain the extent of the danger to the health of school children
and employees from asbestos materials in schools;
(2)
provide
continuing scientific and technical assistance to State and local agencies to
enable them to identify and abate asbestos hazards in schools;
(3)
provide financial assistance for the abatement of asbestos threats to the
health and safety of school children or employees; and
(4)
assure that no employee of any local educational
agency suffers any disciplinary action
as a result of calling attention to potential
asbestos hazards which may exist in schools.
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