CKA (TSBVI) – Safety Program/Risk Management: Accident Prevention and Reports


Working with the Texas Facilities Commission (TFC) under the Asbestos Hazard Emergency Response Act (AHERA), TSBVI shall identify asbestos-containing materials and implement an appropriate management plan in a timely manner. 40 CFR 763.80


The School shall ensure that:

  1. All persons who perform inspections, re-inspections, and periodic surveillance, who develop and update management plans, and who develop and implement response actions comply with federal and state law. 40 CFR 763.80-.99 and appendices (subpart E)
  2. All custodial and maintenance employees are properly trained as required by law.
  3. Workers and building occupants, or their legal guardians, are informed at least once each school year about inspections, response actions, and post-response action activities, including periodic re-inspection and surveillance activities that are planned or in progress.
  4. Short-term workers (e.g., telephone repair workers, utility workers or exterminators) who may come in contact with asbestos in the School are informed of the locations of “asbestos-containing building material” (ACBM) and suspected ACBM assumed to be “asbestos-containing material” (ACM).
  5. Warning labels are posted in accordance with 40 CFR 736.95 (see WARNING LABELS, below).
  6. Management plans are available for inspection, and notice of their availability has been provided as specified in the management plan under CFR 763.93(g).
  7. An asbestos coordinator, trained in accordance with 40 CFR 763.84(g) is designated to ensure that legal requirements are met.
  8. Any conflict of interest that may arise among accredited asbestos personnel is considered, especially when selecting accredited personnel.

40 CFR 763.84

Management Plan

The Texas Facilities Commission, along with TSBVI, shall develop an asbestos management plan for the School, including all buildings that the School leases, owns, or otherwise uses as school buildings, and submit the plan to the Texas Department of State Health Services (TDSHS) for approval. This plan shall be developed by an accredited management planner who may be required to sign a statement that the plan is in compliance with federal asbestos regulations. The plan shall include:

  1. A list of the name and address of each school building and whether it contains friable ACBM, nonfriable ACBM, and friable and nonfriable suspected ACBM assumed to be ACM.
  2. Specific information for each inspection before December 14, 1987.
  3. Specific information about required inspections and re-inspections conducted under 40 CFR 763.85.
  4. The name, address, and telephone number of the designated asbestos coordinator and details of his or her required training, including the course name, and dates and hours of training taken to carry out the duties. The plan must also contain a true and correct statement signed by the coordinator certifying that the general school responsibilities have been met. 40 CFR 763.84
  5. The written recommendations to TSBVI for responsive actions under 40 CFR 763.88(d) from the School’s accredited asbestos management planner(s), including the name, signature, state of accreditation, and accreditation number, if applicable, of each planner.
  6. A detailed description of preventive measures and responsive actions to be taken, including methods to be used, for any friable ACBM, the locations where such measures and action will be taken, reasons for selecting the responsive action or preventive measure, and a schedule for beginning and completing each such measure or action.
  7. In regard to asbestos inspectors and persons who design or carry out responsive actions, a statement that the person who inspected for ACBM is properly accredited.
  8. A detailed description of any material described in item 1 of this list that remains after the responsive actions are taken must be provided with a blueprint, diagram or in writing. The description shall be updated as responsive actions are completed.
  9. A plan for re-inspection under 40 CFR 763.85, a plan for operations and maintenance activities under 40 CFR 763.91, a plan for periodic surveillance under 40 CF$ 763.92, a description of the management planner’s recommendation regarding additional cleaning under 40 CFR 763.91(c)(2) as part of an operation’s maintenance program, and the School’s response is provided.
  10. A description of steps taken to inform workers and building occupants or their legal guardians about inspections, re-inspections, response actions, and post-response action activities, including periodic re-inspection and surveillance activities that are planned or in progress.
  11. An evaluation of resources needed to complete the response actions successfully and carry out re-inspection, operations and maintenance activities, periodic surveillance, and training.
  12. The name and contact information of each consultant contributing to the management plan and a statement regarding that person’s accreditation.

40 CFR 763.93€; Occupations Code 1954.101 (License Required for Certain Activities)

Plan Availability

A copy of the plan submitted to TDSHS shall be kept in the School’s administrative office and be available for inspection, without cost or restriction, by representatives of the EPA, the state, and the public, including teachers, school personnel, employee representatives, and parents. TSBVI may charge a reasonable cost for copies of the management plans.

Updated management plans for each school shall also be available for inspection during normal business hours in the School’s administrative office. The School’s plan shall be made available for inspection, without cost or restriction, to workers before work begins in any area of a school building. The School shall make management plans available for inspection within five working days after a request is received. The School may charge a reasonable cost to make copies of the management plan.

Notice of Availability

Upon submission of its management plan to TDSHS and at least once each school year, TSBVI shall notify in writing parent, teacher, and employee organizations of the availability of the management plan and shall include in the management plan a description of the steps taken to notify such organizations, and a dated copy of the notification.

40 CFR 763.93(g)


Each building leased or acquired to be used as a school building shall be inspected to determine the locations of friable and non-friable ACBM prior to use as a school building. In the event that emergency use of an uninspected building as a school building is necessitated, such buildings shall be inspected within 30 days after commencement of such use. At least once every three years after a management plan is in effect, the School shall conduct re-inspections. Inspectors shall collect samples of suspected ACBM material for analysis. The inspector shall provide a written assessment of all friable known or assumed ACBM in the school building for each inspection or re-inspection. The assessment shall meet all legal requirements and shall be signed and dated, with the inspector’s accreditation information. A copy shall be sent to the coordinator for inclusion in the management plan within 30 days. 40 CFR 763.85,.88

Periodic Surveillance

At least once every six months after the management plan is in effect, the School through its agent, the Texas Facilities Commission, shall conduct and document periodic surveillance on any school building containing ACBM or assumed to contain ACBM. A record of this surveillance shall be submitted to the coordinator for inclusion in the management plan. 40 CFR 763.92(b)

Response Actions

The School through its agent, TFC, shall select and implement, in a timely manner the appropriate response actions in 40 CFR 763.90 consistent with the assessment. The responsive actions selected shall be sufficient to protect human health and the environment. TSBVI through TFC may then select, from the responsive actions which is the least burdensome method. 40 CFR 763.90(a)

Operations and Maintenance Training

TSBVI shall ensure, prior to the implementation of operations and maintenance provisions of the management plan, that all members of the maintenance and custodial staff who may work in a building containing ACBM receive awareness training of at least two hours, whether or not they are required to work with ACBM. New custodial and maintenance employees shall be trained within 60 days after commencement of employment. Training shall include information specified in 40 CFR 763.92(a)(1)(i)-(v). TSBVI shall ensure that all members of its maintenance and custodial staff who conduct any activities that will result in the disturbance of ACBM shall receive training described above and 14 house of additional training that includes information specified in 40 CFR 763.92(a)(2)(i)-(iv). 40 CFR 763.92(a)

Warning Labels

TSBVI shall attach a warning label immediately adjacent to any friable and non-friable ACBM and suspected ACBM assumed to be ACM located in routine maintenance areas at each school building. This shall include friable ACBM that was responded to, by a means other than removal and ACBM for which no responsive action was carried out. All labels shall be prominently displayed in readily visible locations and shall remain posted until the ACBM that is labeled is removed. The warning label shall read, in print which is readily visible because of large size or bright color, as follows: CAUTION: ASBESTOS. HAZARDOUS. DO NOT DISTURB WITHOUT PROPER TRAINING AND EQUIPMENT. 40 CFR 763.95

TSBVI shall ensure compliance with AHERA for all buildings in its jurisdiction. 25 TAC 295.63

Asbestos-Related Activity

An “asbestos-related activity” means the removal, encapsulation, or enclosure of asbestos; the performance of asbestos surveys; the development of management plans or response actions; the collection or analysis of asbestos samples; or performance of another activity for which a license is required under the Texas Asbestos Health Protection Act. Occupations Code 1954.002, .101 (License Required for Certain Activities)

Notice of Certain Activities

A person engaged in removing asbestos from or encapsulating or enclosing asbestos in a public building shall notify TDSHS in writing at least ten days before the date the person begins the removal, encapsulation, or enclosure project according to applicable laws. A person may give the required notice orally if the removal, encapsulation, or enclosure project is of an emergency nature. Occupations Code 1954.252


It is the responsibility of the facility owner and/or operator to notify TDSHS under 25 Administrative Code 295.61. In a public building this task may be delegated to the owner’s agent such as a licensed asbestos abatement contractor or consultant and must be delegated in writing. In a demolition where a licensed abatement contractor or consultant is not required, the task may be delegated in writing to the demotion contractor or other agent. The notification must be filed on the form specified by TDSHS. The notification shall have all information completed with no blocks left blank. The facility owner, and the agent to whom the task of notification has been delegated, are jointly and severally responsible for the accuracy and timeliness of the notification. 25 TAC 295.61.(b)


TFC (licensed to perform asbestos-related activities) shall keep appropriate records of each activity it performs in public buildings and shall make the record(s) available to the TDSHS at any reasonable time. It shall also keep a copy of any violations issued against the School by the EPA or Texas Department of State Health Services. Records shall be maintained for at least 30 years, or as long as required by federal law or regulation. Occupations Code 1954.251; 25 TAC 295.58(d)

For each area where all ACBM has been removed, the required records shall be maintained in the central administration office for at least three years after each required re-inspection or its equivalent. 40 CFR 763.94

Adopted:          1/29/93

Amended:        11/19/93, 11/15/96, 3/21/03, 3/26/04, 6/1/18, 4/9/21