According to the Environmental Protection Agency (EPA), most schools constructed before the mid-1980’s were built with asbestos-containing products. Until the use of asbestos became highly regulated, materials such as roofing shingles, adhesives, floor and ceiling tiles, wall paper, cement pipes and insulation commonly contained asbestos. When disturbed, asbestos can release fibers into the air and create a health hazard. This is particularly true when asbestos is considered to be in “friable” condition, meaning that when it is dry asbestos is able to be reduced to dust or powder by hand.

Inhaling asbestos causes damage to the lungs and can cause serious illnesses such as cancer, asbestosis, and mesothelioma. Mesothelioma is known to be caused by exposure to asbestos. Asbestos is often referred to as a hidden killer because the diseases it causes do not show symptoms until decades after initial exposure. All levels of exposure, including a single episode, can cause mesothelioma. Due to the known dangers of asbestos, AHERA, the Asbestos Hazard Emergency Response Act, was adopted in 1987 by Congress to protect against asbestos exposure occurring in the 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.

Inspectors and anyone performing asbestos removal work at schools must be accredited and trained. Commonly, if asbestos is deteriorated or damaged, the first line of repair is to encapsulate or enclose the harmful material. Occasionally removal will be necessary and should be performed only by asbestos abatement professionals.

To ensure that all schools comply with AHERA, the EPA is in charge of performing periodic inspections and investigating any reported failures to follow regulations. Schools and asbestos-compliance companies hired by schools that fail to follow AHERA guidelines can face huge fines and possibly face criminal charges.

Sally Clapper is a representative for the mesothelioma attorneys Clapper, Patti, Schweizer & Mason, one of the leading plaintiffs’ mesothelioma law firms in the nation. The firm’s asbestos lawyers have been representing people with mesothelioma throughout the United States for over 25 years.