Page:United States Statutes at Large Volume 102 Part 1.djvu/871

 PUBLIC LAW 100-368—JULY 18, 1988

102 STAT. 833

"(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 R^ulations: "(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) DEFINITION OP EMERGENCY REPAIR.—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 int^rity of the building.". (b) CLERICAL AMENDMENT.—The table of contents in section 1 of such Act is amended by adding after the item relating to section 214 the following new item: "Sec. 215. Worker protection.". (c) EFFBCTIVE DATE.—Section 215 of the Toxic Substances Control 15 USC 2655 Act, as added by subsection (a), shall take effect on October 12, 1988. ^o^SEC 5. ENFORCEMENT.

Section 207(a) of the Toxic Substances Control Act is amended— (1) by striking out "or" at the end of paragraph (2); and (2) by addii^ after paragraph (3) the following new paragraphs: "(4) which carries out any activity prohibited by section 215, or "(5) which knowingly submits false information to the Governor r^arding a deferral request under section 205(d).". SEC 6. TECHNICAL CORRECTIONS TO AHERA.

(a) PLACEMENT OF SENTENCE.—Section 512 of the Asbestos School Hazard Abatement Act of 1984 (20 U.S.C. 4021) is amended by moving the last sentence of such section (as added by section 4(a) of the Asbestos Hazard Emergency Response Act of 1986) to the end of paragraph (1) of subsection (a). (b) CROSS REFERENCES.—Paragraph (4) of section 505(g) of such Act (20 U.S.C. 4014) (as added by section 3(a) of the Asbestos Hazard Ehnergency Response Act of 1986) is amended—

15 USC 2647.

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