AHERA Compliance

The Maryland Department of the Environment (MDE) audits schools each year in Maryland for local education agency (LEA) compliance with the AHERA rules and regulations. Last year, the audits occurred from October 1, 2012 to September 30, 2013. The following are the top seven violations found by MDE:

  • 30 violations – Failed to maintain records
  • 15 violations – Failed to ensure proper compliance of response actions
  • 14 violations – Failed to sample new material, or assume the new material as asbestos
  • 13 violations – Failed to notify shot term workers concerning the asbestos found in the schools
  • 12 violations – Failed to provide initial or annual notifications to parents, teachers, and employee organizations concerning the asbestos found in the schools
  • 12 violations – Failed to conduct periodic surveillance every six months
  • 12 violations – Failed to Qualify for an AHERA exclusion

Each of these violations carries a fine of up $6,500 per violation. The entire list of violations can be found in the December 2013 Asbestos 101 newsletter from MDE.

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