The Environmental Protection Agency (EPA) estimates that almost all schools in the United States built before the 1980's contain building materials made from asbestos. Asbestos was commonly used in insulation, roofing materials, floor and ceiling tiles, wall paneling, and pipes until its use became highly regulated. Asbestos becomes a health hazard when it is disturbed which increases the chances of its fibers being released. Asbestos is particularly dangerous when dry and can be crumbled by hand, often referred to as "friable."
When asbestos is inhaled, it damages the lungs' ability to function and can cause serious illnesses such as asbestosis, lung cancer, and mesothelioma. Mesothelioma is directly linked to asbestos exposure yet does not develop into symptoms until decades after initial inhalation. Even a single incident or low levels of exposure to asbestos can cause mesothelioma. Because of this health risk, the Asbestos Hazard Emergency Response Act (AHERA) was passed by Congress in the late 1980's to prevent any exposure to asbestos in schools.
AHERA is guideline of federal requirements for school officials and school boards to follow in order to prevent students and staff from being exposed to asbestos. Asbestos is a naturally-occurring substance found in the earth that is now known to cause cancer. During the early to mid part of the twentieth century, it was common for asbestos to be added to many construction materials because of its affordability, durability, and insulating qualities. Risk of exposure increases during repair, renovation, or demolition as microscopic asbestos fibers can be released when asbestos containing materials are disturbed. Airborne asbestos can remain in the environment for a long time, increasing the potential for exposure.
AHERA regulations are a framework for dealing with asbestos in all school settings, public and private. AHERA requires that asbestos in schools be effectively managed. Regulations recommend leaving asbestos alone that is intact and in good condition. AHERA does not require removal, which can heighten chances of exposure, unless necessary.
Anyone hired by the schools to inspect or work with asbestos is required to be properly trained and certified. If during inspections asbestos is found to be damaged or in deteriorated condition, AHERA recommends encapsulating or enclosing the material completely. If asbestos abatement is necessary, accredited professionals must be hired to perform the removal.
The U.S. government agency responsible for conducting inspections and ensuring that all schools comply with the regulations is the Environmental Protection Agency (EPA). Large fines and even criminal charges may occur if schools or contracted companies fail to follow federal safety guidelines when handling, removing or disposing or asbestos.
Author Resource:
Sally Clapper is a representative for the law firm of Clapper, Patti, Schweizer & Mason in Sausalito, CA. If you or someone you know is in need of a mesothelioma lawyer , please contact the firm at 1-800-440-4262. As specialists in the field of mesothelioma, the firm's attorneys are recognized as some of the leading plaintiffs' asbestos lawyers in the nation.
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