ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

20 U.S.C. § 4011 — Findings and purpose

submitted 42 years ago by Pub. L. 98-377 to r/title-20-EDUCATION · 474 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section states Congress’s findings about asbestos hazards in schools. It establishes purposes for an EPA program providing information, technical help, financial help, and protection for employees who report possible hazards.

(a) Findings. Congress finds that asbestos exposure has long been shown by reputable medical and scientific evidence to increase cancer and other serious or fatal diseases, including asbestosis; children may be especially vulnerable to environmentally caused cancers; no safe minimum exposure level has been established; large amounts of asbestos, especially sprayed asbestos, were used in schools, particularly from 1946 through 1972; partial State surveys found damaged or friable asbestos materials releasing fibers and concentrations far above normal outdoor-air levels; friable or easily damaged asbestos creates an unjustified health danger for exposed students and employees; HHS, EPA, and States have publicized the possible danger but no systematic school-remediation program exists; because no Federal health standard regulates asbestos concentrations in noncommercial workplaces such as schools, students and employees may face dangerous levels; without information, technical and scientific help, and money, many States and local educational agencies cannot reduce the hazards; and protecting public health while regulating interstate commerce requires programs under this subchapter to reduce exposure hazards.

(b) Purpose. The subchapter is intended to (1) direct EPA’s Administrator to help States and local educational agencies determine the health danger from asbestos in schools; (2) provide continuing scientific and technical help to identify and reduce those hazards; (3) provide financial help to reduce threats to students’ and employees’ health and safety; and (4) ensure that a local educational agency employee is not disciplined for calling attention to possible asbestos hazards in schools.

the actual law source: uscode.house.gov ↗public domain
(a) Findings

The Congress finds that—

(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

It is the purpose of this subchapter to—

(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.

Source credit: (Pub. L. 98–377, title V, § 502, Aug. 11, 1984, 98 Stat. 1287; Pub. L. 101–637, § 14(a)(2), (b)(1), (2), Nov. 28, 1990, 104 Stat. 4594, 4595.)

history & why it existsrecord from the source credit
  • 1984Enacted · Pub. L. 98-377 · 98 Stat. 1287
  • 1990Amended · Pub. L. 101-637 · 104 Stat. 4594, 4595

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-377 on 1984-08-11.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case