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HomeMy Public PortalAbout2019-01-22 Dept. of Labor Standards Response to ComplaintTHE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT DEPARTMENT OF LABOR STANDARDS CHARLES D. BAKER GOVERNOR KARYN E. POLITO LIEUTENANT GOVERNOR January 11, 2019 Dr. Deanne Galdston, Superintendent Watertown Public Schools 30 Common Street Watertown, MA 02472 RECEIVED JAN 14 2019 Office of the Superintendent Watertown Public School ROSALIN ACOSTA SECRETARY WILLIAM D. MCKINNEY DIRECTOR DLS File No. 19A-018 RE: Watertown Middle School, 68 Waverly Avenue, Watertown Under authority delegated by the United States Environmental Protection Agency ("EPA"), the Massachusetts Department of Labor Standards administers and enforces the Asbestos -Containing Materials in Schools Rule, 40 CFR 763, Subpart E, commonly known as the Asbestos Hazard Emergency Response Act ("AHERA"). AHERA requires that Local Education Agencies ("LEA") inspect school buildings that they own, lease or rent for asbestos -containing building materials ("ACBMs"), create and execute written plans for managing ACBMs in a manner that minimizes asbestos exposure hazards, abate asbestos hazards that cannot be controlled through operations and maintenance ("O&M") procedures, and carry out certain recordkeeping and notification functions. The regulation further specifies the mandatory elements that are to be included as part of a school's management plan. STATEMENT OF FACTS DLS responded to a complaint regarding the status of AHERA compliance at the Watertown Middle School. The allegations in the complaint included: lack of historical records in the management plan, a "limited" AHERA survey report, lack of "direct" notification to building occupants, lack of warning signs in routine maintenance areas, and lack of conducting a response action for damaged floor tile. On January 10, 2019, DLS met with the LEA Designated Person, and discussed. the elements of the complaint. DLS conducted a general visual inspection of the school, focusing on the routine maintenance areas and storage areas. The allegations listed above are addressed herein, based on the AHERA management plan provided at the time of the inspection, and visual observations in the areas of concern. ONE FEDERAL STREET, BUILDING 101-3 • SPRINGFIELD, MA 01105 PHONE: 413-781-2676 • FAX: 413-732-6374 www.mass.gov/dols OBSERVATIONS Asbestos Management Plan The records reflect that historical data dates only to 2017. During a previous DLS inspection at the Watertown Middle School on March 21, 2017, DLS observed a reinspection report dated December 28, 2015, prepared by Envirosafe Engineering. The Envirosafe report indicated that their inspector had reviewed a 2000 inspection report prepared by Yee Consulting, however the Yee report was not available for DLS review at that time. The 2015 Envirosafe report was deficient, and did not provide the LEA with the AHERA required information. When there was a change in administration, old records were most likely discarded or misplaced, leaving the new administration to start over with a new management plan. Immediately after the DLS inspection in 2017, the LEA enlisted the services of the consulting firth EFI Global to address deficiencies and bring the school into compliance with AHERA. The management plan that DLS observed on January 10, 2019 appeared to be complete, including dated copies of annual notifications, a completed Designated Person statement, periodic surveillance records, outside contractor notifications, training documentation, bulk sample reports, a 2017 reinspection report and abatement records. Although the older records are no longer available, the LEA has taken the necessary steps to bring the school into compliance with a current, updated management plan on file. Notification The required annual notification regarding the availability of the management plan was issued for the 2017-18 and 2018-19 school years. Dated copies of the notification were present in the management plan. The LEA reported that the notification is distributed to all building occupants, including parents and all school employees. The notification is posted on the school website and published in the student handbook. The LEA advised that the notice will also be published in the staff handbook. AHERA does not require any other notification, direct or indirect, for people who enter a storage area or maintenance office. There were several storage areas, and two custodial offices. The complaint did not specify which office/storage area was the cause of concern. DLS inspected two custodial offices and all the storage rooms on the three floors, as well as the elevator room and the boiler room. DLS did not observe asbestos containing materials ("ACMs") or suspect materials the storage areas and custodial offices. The most recent reinspection report, dated September 19, 2017, did not identify any ACM in these areas. Therefore, warning signs are not required to be posted. The LEA reported that parents and students are not allowed to access storage areas and the custodial offices. To reinforce the school prohibition of access to these areas, signs will be posted on the doors indicating that access is restricted to authorized personnel only, which would include only the maintenance and custodial staff who have keys. Limited AHERA Survey Report The reinspection report dated September 19, 2017, describes on page 3 of 4 in the section identified as "Limitations", the meaning of the term "limited" as it applies to the 2017 AHERA reinspection. AHERA inspections do not require that the LEA conduct destructive sampling to Page 2 of 4 Watertown Middle School, Watertown DLS File No. 19A-018 Issue Date: January 11, 2019 identify all ACM in the building. AHERA inspections are limited to the materials that are visible and accessible. The AHERA requirements allow the LEA to assume that any suspect material is ACM without sampling those materials. In the event that a renovation would be undertaken, the LEA would then be required to conduct a NESHAP survey to sample any suspect material, including those that were inaccessible during the AHERA inspection, that would be disturbed during the renovation. This would include sampling materials behind walls or ceilings, contained within hard barriers, and any previously unsampled suspect materials subject to disturbance during a renovation. Warning Signs Warning signs are required to be posted adjacent to ACM in routine maintenance areas. DLS observed that warning signs were posted adjacent to the ACM in the boiler room. No ACM was observed or identified in the storage areas or custodial offices, so no other warning signs would be required in those areas. The management plan clearly identifies all the materials that do not contain asbestos on page 2 of the September 19, 2017 report. Materials that are ACM and assumed ACM are listed on Table 1 in that report. Response Action The complaint alleged that damaged floor tile in a custodial office had not been repaired. DLS observed the response action records for the damaged floor tile on the first floor custodial office. The records reflect that the floor was removed on December 28, 2017 and replaced with non asbestos containing floor tile. The LEA will obtain the product information sheet for the newly installed floor tiles and add it to the management plan. During the September 2017 reinspection report, the inspector failed to include a schedule to begin and complete the response action, simply stating that the work should be performed within 90 days, or the next available vacation period. Accordingly, the LEA scheduled the work during the December holiday vacation period. Northstar, the asbestos contractor, performed the work and EFI Global performed the clearance air testing. In all future reinspection reports where response actions are recommended, the inspector and/or management planner will be required to clearly identify a start and completion date for response actions. Floor tiles in the second floor custodial office are non -asbestos containing, as verified by the bulk sample reports included in the management plan. Although the floor tiles in this office are damaged, they do not pose a health hazard. DLS observed that the second floor custodial office was in a state of disarray, with large clumps of dust and various types of trash on the floor. The office would benefit from a thorough cleaning and organization. The hallway that leads to the rear of the office consists of a wood plank floor. At the rear of the hallway, there is another small area used for storage. There is an access port approximately 8 feet above the floor, which is cut into the wall and provides access to an attic type area. DLS observed and photographed that there were pieces of wood and miscellaneous discarded storage in this overhead space. There did not appear to be any suspect asbestos materials present. The LEA reported that no one should be entering this space, and will post a sign restricting access to authorized personnel only. Page 3 01'4 Watertown Middle School, Watertown DLS File No. 19A-018 Issue Date: January 11, 2019 Based on DLS' observations at the time of the inspection, the LEA was in compliance with the AHERA requirements. AHERA compliance is an ongoing process, and the LEA will continue to update the management plan with periodic surveillance, annual notifications, training records, response action records, and outside contractor notifications. Any questions regarding this report or other asbestos related matters should be directed to Janet McKenna at the Department of Labor Standards, 617-626-5673 or janet.mckenna@mass.gov Janet McKenna Environmental Engineer III MA Department of Labor Standards Inspection & Enforcement Unit Dated: //i/ cc: John Ronan, General Counsel, Dept. of Labor Standards Michael Flanagan, Manager, Safety & Health Programs, Dept. of Labor Standards Lori Kabel, Director of Public Buildings, LEA Designated Person Page 4 of 4 Watertown Middle School, Watertown DLS File No. 19A-018 Issue Date: January 11, 2019