LOCKOUT/TAGOUT - Nassau BOCES
Health & Safety RegulationsAffecting School Districts12REGULATIONS1. Air Quality - Indoor2. Americans with Disabilities Act (ADA)3. Asbestos4. Automated External Defibrillators (AEDs) 5. Bloodborne Pathogens (Exposure)6. Bloodborne Pathogens (Vaccination)7. Bulk Storage Tanks8. Carbon Monoxide Alarms9. Concussion Management10. Confined Spaces – Permit Required11. Cooling Towers12. Dignity for all Students Act13. Drug and Alcohol Testing14. Electrically Operated Partitions 15. Emergency Planning16. Emergency Planning – Bomb Threats17. Employee Right-To-Know18. Epinephrine Auto-Injectors19. Fall Protection20. Fertilizer Law – Nassau County21. Fire Safety22. Fire Safety – Fire Drills23. Green Cleaning24. Hazardous Waste25. Health & Safety in Existing Educational Facilities26. Hearing Conservation27. Lead in Paint28. Lead (Renovator)29. Lockout-Tagout30. Medical Waste – Regulated31. Mold Inspection, Assessment and Remediation32. Occupational Illness & Injury Reporting 33. Opioid Overdose Prevention in Schools34. Personal Protective Equipment35. Pesticide Application36. Pesticide Application (Notification)37. Pesticide Application (Athletic Fields & Playgrounds) 38. Playground Safety39. Respiratory Protection40. School Building Safety (RESCUE)41. School Safety and Violence Prevention (SAVE Act)42. Science Laboratories43. Security Guard Act44. Tobacco Use45. Water Quality – Drinking46. Workplace Safety and Loss Prevention Program October 2015 Volume 16Nassau BOCES Health & Safety Training and Information ServiceOctober 2015 – Volume 16The following document addresses many of the health and safety regulations impacting school districts today. It is not intended to be a comprehensive, all-inclusive description of each regulation cited. For such information, the actual regulation can be consulted directly, or you may wish to contact your local BOCES Health & Safety Office. This summary is meant to be a ready reference on the key issues and concerns of schools, along with a listing of corresponding enforcement agencies and contacts. Any questions related to this document can be answered by calling the Nassau BOCES Health & Safety Training and Information Service at 516-396-2387.This document updates and replaces the September 2013 – Volume 15 issue.TABLE OF CONTENTSIntroductory Page…………………………………………………………………………………...1Table of Contents…………………………………………………………………………………...2Air Quality – Indoor………………………………………………………………………………...4Americans with Disabilities Act (ADA)……………………………………………………………15Asbestos…………………………………………………………………………………………….16Automated External Defibrillators (AEDs)………………………………………………………...19Bloodborne Pathogens (Occupational Exposure)……………………………….….………………21Bloodborne Pathogens (Vaccination Law)………………………………………………………… 23Bulk Storage Tanks…………………………………………………………………………………24Carbon Monoxide Alarms…………………………………………………………………...……..25Concussion Management…………………………………………………………………………...28Confined Spaces – Permit Required…………………………………………………….………….30Cooling Towers……………………………………………………………………………..………31Dignity for All Students Act………………………………………………………………………..36Drug and Alcohol Testing………………………………………………………………………….40Electrically Operated Partitions – Safety Devices………………………………………………….41Emergency Planning……………………………………………………………………………….. 42Emergency Planning – Bomb Threats……………………………………………………………... 45Employee Right-To-Know………………………………………………………………………….48Epinephrine Auto-Injectors…………………………………………………………………………51Fall Protection………………………………………………………………………………………53Fertilizer Law – Nassau County…………………………………………………………………….54Fire Safety………………………………………………………………………………………….55Fire Safety – Fire Drills…………………………………………………………………………….56Green Cleaning……………………………………………………………………………………..57Hazardous Waste………………………………………………………………………….………..58Health & Safety in Existing Educational Facilities………………………………………………...60Hearing Conservation………………………………………………………………………………65Lead In Paint……………………………………………………………………………………….. 67Lead (Renovator)…………………………………………………………………………………... 69Lockout-Tagout……………………………………………………………………………………. 71Medical Waste – Regulated……………………………………………………………….………..72Mold Inspection, Assessment and Remediation……………………………………………………73Occupational Illness & Injury Reporting………………………………………………….………..76Opioid Overdose Prevention in Schools……………………………………………………………79Personal Protective Equipment…………………………………………………………………….86Pesticide Application……………………………………………………………………………….87Pesticide Application (Notification)………………………………………………………………..88Pesticide Application (Athletic Fields & Playgrounds).....................................................................90Playground Safety….………………………………………………………………………………91Respiratory Protection…………………………………………………………………….………..92School Building Safety (RESCUE)…..…………………………………………………………… 93School Safety and Violence Prevention (SAVE Act)………………………………………………98Science Laboratories……………………………………………………………………………….104Security Guard Act……………………………………………………………………………..….105Tobacco Use……………………………………………………………………………………….106Water Quality – Drinking………………………………………………………………………….107Workplace Safety and Loss Prevention Program………………………………………………….108Back Cover Page (Nassau BOCES Board Members, etc.)……………………………………….. 109AIR QUALITY - INDOORVarious guidelines and recommendations exist, but regulations for non-industrial indoor environments have not been established. School districts are encouraged to implement the EPA Indoor Air Quality/Tools for Schools Program as a proactive approach to dealing with indoor air quality issues.EPA Indoor Air Quality – Tools for Schools ProgramOSHA Indoor Air Quality Proposed Regulation (1910.1033)(American Society of Heating, Refrigeration, and Air-Conditioning Engineers) ASHRAE 62-1999, 55-1992 and othersHOW DO I RESPOND TO AN INDOOR AIR QUALITY COMPLAINT?Have complainant complete an IAQ Complaint Form (this will express to the complainant your serious intentions to address the situation).Immediately conduct an interview and document on the Occupant Interview Form. Make complainant part of the investigation process by having them complete an Occupant Diary to track symptoms over plete an Incident Log Form for each building to help establish trends. This will also establish an on-going record of complaints at each plete a Pollution Pathway Record to help determine possible pollution sources.Check for proper operation of the HVAC System.With the above information, develop possible reasons for the complaint and document on the Hypothesis Form.Take steps to prove the established reason(s) for the problem and implement the appropriate action for remediation.If outside help is needed, contract with competent HVAC specialists to assure proper operation of ventilation systems.Keep complainant apprised of the progress throughout investigation.Issue final written report to complainant regarding activities of the school district in responding to the problem.DO I NEED TO CONDUCT INDOOR AIR QUALITY TESTING?Since there are no regulatory standards for indoor air quality in a non-industrial environment, test results are subject to debate. In addition, with literally thousands of chemicals and chemical compounds in the air, what do you test for? When you also consider the lack of standardization of testing companies and individuals, the inability to establish a cause and effect relationship and the high cost with no definable outcome, there is clear reason to avoid this knee-jerk reaction approach. Also consider that testing is only a snapshot in time and may or may not give an accurate representation of what happens in the environment on a daily basis. Testing can actually give individuals a false sense of security.Limited IAQ testing is provided by the Nassau County Health Department (516-227-9723) free-of-charge, and will typically include temperature, humidity, CO2, and particulates. If necessary, additional free testing can be conducted by the New York State Labor Department (Public Employee Safety and Health Unit) (516-228-3970).WHEN IS TESTING ADVISABLE?Testing limited to temperature, humidity and carbon dioxide levels may be advisable to help develop a baseline for determining proper HVAC operation in a building. This can be accomplished in-house with minimal testing equipment.To test for a specific contaminant suspected of causing a specific illness as documented by medical diagnosis.If testing is conducted, always consider ambient levels for comparison.WHAT ARE SOME OF THE GUIDELINES FOR BASELINE TESTING AND VENTILATION RATES?Temperature - 68-75° F (winter)73-79° F (summer)(based on a 10% dissatisfaction rate)65° F is the minimum acceptable temperatureHumidity -30-60%CO2 - <1000 ppmCO - <9 ppmParticulates - <0.05 mg/m3 (respirable particulates pm 10 - means less than 10 microns)Ventilation – (classroom)15 cfm/person (estimated 50p/1000 sq./ft.)IF I DECIDE TO EMPLOY AN IAQ TESTING COMPANY WHAT SHOULD I ASK FOR?A written proposal should be provided and include all of the following:What qualifies the company and individual staff to conduct IAQ testing? What testing protocols will they follow? Do they have references from other school districts? When will they issue written results?Documentation of what they will be testing for and why; what will be considered an acceptable or unacceptable result and what will be the basis for making that decision?Cost of the service with a detailed description of how this amount was determined.An understanding that they will be available to present the test results, with an explanation of its meaning, to interested parties (school board, PTA, building occupants, etc.) as part of the cost of their service.HOW DO I RESPOND TO VISIBLE MOLD?Once again, testing is not recommended due to the lack of standards and inability to draw cause and effect relationships. The EPA publication Mold Remediation in Schools and Commercial Buildings is an excellent guidance document. Generally, in-house staff can remediate mold growth, caused by clean water, of <10 square feet with no containment by utilizing personal protective equipment including an N-95 respirator, gloves and goggles (this must be included in your personal protective equipment program and manufacturer recommendations for use of the N-95 must be followed). However, personal medical exams are not required. More extensive growth, contaminated water (sewage, etc.), or the potential to release spores should be reasons to consider hiring an experienced remediation contractor.EPA INDOOR AIR QUALITY – TOOLS FOR SCHOOLS PROGRAMThe EPA has established a voluntary program specifically for schools which is a proactive, common sense approach to indoor air quality and focuses on preventive maintenance. The program can be started one building at a time or district-wide, and has great flexibility on how it is implemented. Tools for Schools makes indoor air quality complainants part of the resolution process, and as a result, reduces the potential for conflict that often results from these issues. The establishment of a building-level indoor air quality management team helps to alleviate on-going indoor air quality problems.MINIMUM TEMPERATURE IN OCCUPIED SCHOOL BUILDINGSThe Property Maintenance Code of New York State, Section 602.4, for Occupiable Work Spaces requires that indoor occupiable work spaces be supplied with heat during the period from September 15th to May 31st to maintain a temperature of not less than 65°F during the period the spaces are occupied. The only exceptions are for processing spaces (coolers or freezers) and vigorous physical activities areas (gymnasiums).SOME REGULATED CHEMICAL CONTAMINANTS OF CONCERNChromated Copper Arsenate (CCA) – New York State Environmental Conservation Law, Section 37-0109, prohibits the use of CCA in the construction of new public playgrounds (non-public schools are not covered). Removal of existing structures or soil containing CCA is not required. (Effective date March 15, 2003).Mercury – New York State Environmental Conservation Law prohibits the use or purchase of elemental mercury in all New York State elementary and secondary schools. (Effective date September 4, 2004).Paradichlorobenzene – The Education Law, Section 409-g, bans the purchase or use of urinal or toilet deodorizers containing paradichlorobenzene for public or private schools. (Effective date July 1, 2005).Polychlorinated Biphenyls (PCBs) – PCBs in caulking materials in school buildings are regulated by the U.S. EPA and the State of New York. Caulk containing PCBs should be properly managed when disturbed through building renovations. PCBs are currently prohibited from use in caulk. However, prior to 1977, PCBs were present in some caulking materials used in construction. The U.S. EPA regulates the disposal of caulk if the concentration of PCBs exceeds 50 ppm. Further information and a protocol for managing caulk containing PCBs that will be disturbed during building renovation and maintenance, can be obtained through the NYS Education Department Facilities Planning Division.Indoor Air Quality Complaint Form(This form must be filled out by the complainant) Occupant Name: Title: Date:Department/Location in Building: Phone: This form should be used if your complaint may be related to indoor air quality. Indoor air quality problems include concerns with temperature control, ventilation, and air pollutants. Your observations can help to resolve the problem as quickly as possible. Please use the space below to describe the nature of the complaint and any potential causes. If medical illness is thought to be related to the environment, please include the basis for that claim with a written diagnosis and recommendations from your physician.We may need to contact you to discuss your complaint. When is the best time to reach you? (So that we can respond promptly, please return this form to the building principal.) OFFICE USE ONLYFile Number: Received By: Date Received: Occupant InterviewFirst of 2 pages Building Name: __________________________________________________ File Number: __________________________Address: ______________________________________________________________________________________________Occupant Name: _____________________________________ Work Location: _____________________________________Completed by: _____________________________ Title: ___________________________ Date: _______________________SYMPTOM PATTERNS What kind of symptoms or discomfort are you experiencing? Are you aware of other people with similar symptoms or concerns? Yes No If so, what are their names and locations? Do you have any health conditions that may make you particularly susceptible to environmental problems? □ contact lenses □ chronic cardiovascular disease □ undergoing chemotherapy or radiation therapy □ allergies □ chronic respiratory disease □ immune system suppressed by disease or other causes □ chronic neurological problems TIMING PATTERNS When did your symptoms start? When are they generally worst? Do they go away? If so, when? Have you noticed any other events (such as weather events, temperature or humidity changes, or activities in the building) that tend to occur around the same time as your symptoms?Occupant Interview Second of 2 pages SPATIAL PATTERNS Where are you when you experience symptoms or discomfort? Where do you spend most of your time in the building? ADDITIONAL INFORMATION Do you have any observations about building conditions that might need attention or might help explain your symptoms (e.g., temperature, humidity, drafts, stagnant air, odors)?Have you sought medical attention for your symptoms? Do you have any other comments? Occupant Diary Occupant Name: Title: Phone: Location: File Number: On the form below, please record each occasion when you experience a symptom of ill-health or discomfort that you think may be linked to an environmental condition in this building. It is important that you record the time and date and your location within the building as accurately as possible, because that will help to identify conditions (e.g., equipment operation) that may be associated with your problem. Also, please try to describe the severity of your symptoms (e.g., mild, severe) and their duration (the length of time that they persist). Any other observations that you think may help in identifying the cause of the problem should be noted in the “Comments” column. Feel free to attach additional pages or use more than one line for each event if you need more room to record your observations. Time/DateLocationSymptomSeverity/DurationCommentsIncident LogBuilding Name: Dates (from): (to): Address: Completed by: File #DateLocationInvestigation Forms Utilized Complaint Interview Diary Log Pathway Hypothesis OutcomesPollutant Pathway Record For IAO Profiles This form should be used in combination with a floor plan such as a fire evacuation plan. Building Name: File Number: Address: Completed by: Title: Date: Building areas that contain contaminant sources (e.g., bathrooms, food preparation areas, print rooms, and art rooms) should be maintained under negative pressure relative to surrounding areas. Building areas that need to be protected from the infiltration of contaminants (e.g., computer rooms, and lobbies) should be maintained under positive pressure relative to the outdoors and relative to surrounding areas. List the building areas in which pressure relationships should be controlled. As you inspect the building, put a Y or N in the "Needs Attention" column to show whether the desired air pressure relationship is present. Mark the floor plan with arrows, plus signs (+) and minus signs (-) to show the airflow patterns you observe using chemical smoke or other methods. Building areas that appear isolated from each other may be connected by airflow passages such as air distribution zones, utility tunnels or chases, party walls, spaces above suspended ceilings (whether or not those spaces are serving as air plenums), elevator shafts, and crawlspaces. If you are aware of pathways connecting the room to identified pollutant sources (e.g., items of equipment, chemical storage areas, bathrooms), it may be helpful to record them in the "Comments" column, on the floor plan, or both. Building AreaUseIntended Pressure Positive (+) Negative (-)Needs Attention (Yes/No)CommentsHypothesis Form First of 2 pages Building Name: File Number: Address: Completed by: Complaint Area (may be revised as the investigation progresses): Complaints (e.g., summarize patterns of timing, location, number of people affected): HVAC: Does the ventilation system appear to provide adequate outdoor air, efficiently distributed to meet occupant needs in the complaint area? If not, what problems do you see? Is there any apparent pattern connecting the location and timing of complaints with the HVAC system layout, condition or operating schedule? Pathways: What pathways and driving forces connect the complaint area to locations of potential sources? Are the flows opposite to those intended in the design?Sources: What potential sources have been identified in the complaint area or in locations associated with the complaint area (connected by pathways)? Is the pattern of complaints consistent with any of these sources?Hypothesis Form Second of 2 pagesHypothesis: Using the information you have gathered, what is your best explanation for the problem? Hypothesis testing: How can this hypothesis be tested? If measurements have been taken, are the measurement results consistent with this hypothesis?Results of Hypothesis Testing: Additional Information Needed: AMERICANS WITH DISABILITIES ACT (ADA)Title II - Government Entities, Public Services and Transportation, Subtitle APublic Law 101-336Nondiscrimination on the Basis of Disability in State and Local Government Services28 CFR Part 35Effective Date - January 26, 1992The Americans With Disabilities Act of 1990 (ADA) is a comprehensive law that prohibits discrimination against persons with disabilities. Title I - Employment - prohibits discrimination in the employment of qualified individuals with disabilities. Individuals with disabilities must be given reasonable accommodations to perform the essential functions of the job. Title II - Public Entities - supplements and expands on accessibility guarantees first required under Section 504 of the Rehabilitation Act of 1973. Title III - Public Accommodations - guarantees that in privately-owned facilities, persons with disabilities are to be provided accommodations and access equal to, or similar to, that available to the general public. Title IV covers Telecommunications. Title V covers Miscellaneous Provisions. Enforcement of the provisions of ADA is under the United States Department of Justice (202-514-0301).COMPLIANCE ISSUESA public entity (school district) may not refuse to allow a person with a disability to participate in a service, program, or activity, because the person has a disability.Reasonable modifications of policies, practices, and procedures must be made so that individuals with disabilities have equal access to programs, etc.A self-evaluation should have been completed by January 26, 1993, identifying all programs, activities, and services, and reviewing all policies and practices pertaining to them. Remedial action should have been taken to meet the requirements of the Act. The self-evaluation should have been made accessible to the public.The public must be given notice of provisions of the law and their applicability to the services, programs, and activities of the public entity.At least one employee must be designated with the responsibility to coordinate efforts for compliance, including handling complaint plaint procedures need to be adopted for the prompt handling of all related complaints.Qualified individuals with disabilities may not be discriminated against in employment by a public entity.Where structural modifications were required to achieve program accessibility, the public entity should have prepared a Transition Plan by July 26, 1992, with modifications completed by July 26, 1995. The Transition Plan had to contain a list of the physical barriers needing modifications, details of methods to be used to remove these barriers, a schedule for achieving compliance, and the name of the official responsible for the Plan’s implementation.All newly constructed facilities must be accessible.Alterations to existing facilities must make the altered portions accessible.ASBESTOSToxic Substances Control Act (TSCA) - 40 CFR 763 - Effective Date - 1976Asbestos Hazard Emergency Response Act (AHERA) TSCA Title II Effective Date - 1986Occupational Safety and Health Act (OSHA) - 29 CFR 1910.1001; 1915.1001; 1926.1101; 1926.58Clean Air Act - 40 CFR Sections 61.140-157Department of Transportation (DOT) - 49 CFR Parts 171-172New York State Labor Law - 12 NYCRR Part 56(Amended 1/11/2006; Effective 9/5/2006)New York State Education Law Sec. 3602Federal and New York State laws both address asbestos and asbestos-containing materials (ACM) and the health risks associated with exposure. The Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA) are the principal enforcement agencies at the Federal level. The New York State Department of Labor (212-352-6084/6109); (518-457-1536) regulates asbestos handling, abatement contractors, and requires training and education for asbestos workers. The Labor Law assigns responsibility for asbestos safety training to the New York State Department of Health (518-458-6483). The New York State Education Law is administered by the State Education Department (SED) (518-474-3906), and requires triennial inspections of New York public schools and follows the EPA Asbestos Hazard Emergency Response Act (AHERA).COMPLIANCE ISSUESLocal education agencies must prepare and keep current an Asbestos Management Plan for each school site. Original Management Plans were to be submitted to SED by October 1988 and be in effect by July 1989. Re-inspections are required on a triennial basis. New York State triennial reporting requirements can be satisfied by answering the AHERA question on the annual visual inspection report (required under RESCUE) beginning with the 2004-05 report. Asbestos Management Plans must show that:An accredited Inspector has inspected any building used as a school building at least every three years to identify friable and non-friable asbestos.Adjustments to the Plan have been conducted by an accredited Management Planner.ACM has been sampled and tested by an accredited laboratory.Ongoing operations and maintenance that involve ACM are documented.Warning labels are attached to any actual or suspected ACM located in routine maintenance areas.Response actions including removal, encapsulation, enclosure, repair, and operations and maintenance are appropriate and utilize accredited personnel.Six-month surveillances are conducted.A designated person with appropriate training has been assigned to oversee asbestos management.Required training is documented.Annual notifications and abatement notifications are issued.The OSHA General Industry Standard or Construction Standard may apply depending on the specific nature of the asbestos-related task.Asbestos Containing Material (ACM) is defined as any material containing greater than (1%) of asbestos.No employee should be exposed to an airborne concentration of asbestos in excess of the permissible exposure limit (PEL) of 0.01 fibers per cubic centimeter of air (.01f/cc) as an eight-hour time-weighted average (TWA).Contractors (including schools engaged in asbestos projects) must possess an asbestos handling license and display it at all asbestos work sites. Licenses are issued by the NYS Department of Labor with an initial and annual fee of $500.Large Asbestos Project – An asbestos project involving the removal, disturbance, enclosure, encapsulation, repair or handling of 160 square feet or more of ACM, PACM or asbestos material, or 260 linear feet or more of ACM, PACM or asbestos material. Small Asbestos Project – More than 10 and less than 160 square feet, or more than 25 and less than 260 linear feet.Minor Asbestos Project – 10 square feet or less or 25 linear feet or less.Asbestos projects of more than 260 lineal feet or 160 square feet require notification of the Department of Labor 10 days before the start of work. Notification of emergency projects must be given as soon as possible, but written notification must be given within 2 days of the start of the project. Project notification fees vary based on the size of the project.Notification to building occupants must be given at least 3 days (usually 10 days) prior to the start of the project, and as soon as possible in an emergency situation. Notification must include exact areas undergoing abatement; amount and type of asbestos; start and completion dates of project; contractor’s name and license number; and the air monitor and laboratory’s name and address.Contractors must monitor the air at asbestos project sites through independent sources and according to specific Department of Labor regulations. Generally not required for minor projects (<25 lineal or 10 square feet).The National Emissions Standard for Hazardous Air Pollutants (NESHAP) regulates demolition and renovation of facilities containing ACM. Also requires generators and transporters of ACM to maintain waste shipment records.TRAINING REQUIREMENTSEmployees working on asbestos projects must possess a valid asbestos-handling certificate which must be renewed annually with the appropriate fee. The nine categories including the length of initial training are:Asbestos Handler (Worker) - any worker who removes, encapsulates, or disturbs friable asbestos (4 days).Restricted Asbestos Handler (Allied Trades) - any worker who may incidentally disturb asbestos (2 days).Air Sampling Technician - performs air sampling to comply with regulations (2 days).Inspector - conducts the survey, identification, and assessment of ACM (3 days).Operation and Maintenance Worker - performs small-scale maintenance and repair that may disturb ACM (2 days).Supervisor - supervises other asbestos workers (5 days).Project Designer - plans the scope and remediation of an asbestos project (3 days).Project Monitor - oversees the asbestos project; cannot be the contractor’s supervisor (5 days).Management Planner - assesses the asbestos hazard, recommends response actions and documents actions (2 days).Asbestos Awareness - at least two-hours of training for all custodial and maintenance staff.Under the OSHA General Industry Standard (1910.1001(J)(7)(iv) “The employer shall also provide, at no cost to employees who perform housekeeping operations in an area which contains ACM or PACM, an asbestos awareness training course. . . . Each such employee shall be so trained at least once a year.”REVISIONS & UPDATES EFFECTIVE SEPTEMBER/2006Each variance petition must be prepared and submitted by a currently trained and NYS DOL certified Project Designer who works for a current NYS DOL licensed asbestos contractor. All new site-specific variance decisions will remain in effect one year from the date of issuance, unless otherwise stated.Asbestos Project Phases of Work:Phase I (Pre-Abatement)Asbestos Survey, Planning & DesignBackground Air SamplingPhase II (Abatement)Regulated Abatement Work Areas Preparation & Enclosure ConstructionAsbestos Handling Including, Gross Removal or Abatement, Initial Cleans and Waste RemovalFinal Clearing & Clearance Air SamplesFinal Waste Removal From SiteClasses of Asbestos Work:Class I Asbestos Work – abatement of Thermal Systems Insulation (TSI), and surfacing ACM and PACM.Class II Asbestos Work – abatement of ACM which is not TSI or surfacing material (wallboard, floor tile, roofing, mastics, etc.).Class III Asbestos Work – repair and maintenance operations, where no more than a minor quantity of ACM, is likely to be disturbed.Class IV Asbestos Work – activities during which employees contact but do not disturb ACM or PACM and activities to clean-up non-ACM dust, waste and debris resulting from Class I, II, and III activities.Regulated Asbestos-Containing Material (RACM) Friable ACM or PACM, Category I Non-friable ACM (asbestos-containing packing, gaskets, resilient floor covering and asphalt roofing products) that has become friable or will be subjected to sanding, grinding, cutting, or abrading or Category II Non-friable ACM (Any material, excluding Category I Non-friable ACM) that has a high probability of becoming or has become crumbled.Asbestos Project Air Sampling RequirementsLarge Asbestos Project – requires air sampling for Phase IB (Background), Phase IIA (Work Area Preparation), Phase IIB (Asbestos Handling) and Phase IIC (Final Cleaning & Clearance).Small Asbestos Project – requires air sampling for Phase IB (Background) and Phase IIC (Final Cleaning & Clearance) only.Minor Asbestos Project – requires air sampling for Phase IIC (Final Cleaning & Clearance) only if there is a glove-bag failure or loss of integrity, incidental disturbance or if it is part of a small or large project.AUTOMATED EXTERNAL DEFIBRILLATORS (AEDs)Public Health Law, Article 30, Section 3000-bEducation Law, Section 917Section 136.4 of the Regulations of the Commissioner of EducationEffective Date - September 1, 2002Each year, approximately 220,000 people die from Sudden Cardiac Arrest. The vast majority of these deaths are caused by the initiation of an abnormal heart rhythm called ventricular fibrillation (VF), a chaotic heart rhythm that results in loss of circulation and oxygen delivery to body tissues. The only effective treatment to reverse VF to a normal heart rhythm is defibrillation (electric shock to the heart). However, defibrillation must be provided early or irreversible brain damage can occur within 10 minutes. It is now possible for lay people who have taken a short course in CPR and the use of an AED to provide PLIANCE ISSUESDefinitionsAutomated External Defibrillator (AED) – A medical device approved by the United States Food and Drug Administration that is:Capable of recognizing the presence or absence, in a patient, of ventricular fibrillation and rapid ventricular tachycardia.Capable of determining, without intervention by an operator, whether defibrillation should be performed on the patient.Upon determination that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to the patient’s heart.Upon action by an operator, delivers an appropriate electrical impulse to the patient’s heart to perform defibrillation.Emergency Health Care ProviderA physician with knowledge and experience in the delivery of emergency cardiac care.A hospital licensed under Article 28 that provides emergency cardiac care.Public Access Defibrillation (PAD) Provider – A person, firm, organization or other entity possessing or operating an AED.Nationally Recognized Organization – A national organization approved for the purpose of training people in the use of an AED.Posting Notice – The public access defibrillation provider shall post a sign or notice at the main entrance to the facility or building in which the AED is stored, indicating the location where any such AED is stored or maintained in such building or facility on a regular basis. Collaborative AgreementA person, firm, organization or other entity may purchase, acquire, possess and operate an AED pursuant to a collaborative agreement with an emergency health care provider. This includes a written agreement, written practice protocols and policies and procedures to assure compliance with the law. The PAD provider shall file a copy of the agreement with the Department of Health and with the appropriate regional council prior to operating the AED.Possession and Operation of an AEDNo person may operate an AED unless the person has successfully completed a training course in the operation of an AED approved by a nationally-recognized organization.The PAD provider shall cause the AED to be maintained and tested according to applicable standards of the manufacturer and government agencies.The PAD provider shall notify the regional council of the existence, location and type of any AED it possesses.Every use of an AED shall be immediately reported to the appropriate local emergency medical service system, as required, and the emergency health care provider.Application of Other LawsOperation of an AED shall be considered first-aid or emergency treatment for the purpose of any statute relating to liability.Operation of an AED shall not constitute the unlawful practice of a profession under Title VII of the Education Law.Steps to Implement an AED ProgramIdentify a Medical Director – The role of the medical director should be defined in the collaborative agreement. The American Heart Association provides a Physician Oversight Package explaining the medical director’s role.Contact your local EMS – New York State Law requires that a Notice of Intent and Collaborative Agreement be filed with the EMS in Nassau County:Nassau County Regional EMS CouncilJohn Hassett, Director of EMS2201 Hempstead Turnpike, Bin #78East Meadow, New York 11554Telephone: 516-542-0025Identify a Core Group – Identify various staff in the decision making process.Review AED Manufacturers and Available State and Local Contracts – Contact AED manufacturers to arrange for demonstrations, facility walk-through and financial requirements. Some manufacturers may include equipment, training and medical director in one package.Emergency Plan – AED protocols and procedures should be included in your emergency plans.Training – Train personnel with programs such as the American Heart Association’s Heartsaver/AED course. The North Shore/Long Island Jewish Healthcare System provides such training specifically for school districts, and can be contacted at 516-465-2500.File Paperwork – File your Notice of Intent and Collaborative Agreement with the Nassau County EMS and notify the local EMS/Ambulance Squad that you have AEDs.Awareness – Be certain the AEDs are available and accessible.AEDs in SchoolsRequires each school district to provide and maintain on-site in each instructional school facility AEDs in appropriate quantity and properly placed to assure access during emergencies.The following shall be considered:The number of students, staff, and other individuals reasonably anticipated to be within the facility.The physical layout of the facility including: Location of stairways and elevators; number of floors; location of classrooms and other areas where large congregations of individuals may occur, and other unique design features of the facility.The following definitions will apply:Instructional School Facility means a building or other facility maintained by a school district where instruction is provided to students pursuant to its curriculum.School-sponsored or school-approved curricular or extracurricular events or activities means events or activities of a school district that are associated with its instructional curriculum or otherwise offered to its students.School-sponsored athletic contest means an extra class intramural athletic activity of instruction, practice and competition for pupils in grades 4 through 12.School-sponsored competitive athletic event means an extra class interschool athletic activity of instruction, practice and competition for pupils in grades 7 through 12.Whenever an instructional school facility is used for a school-sponsored or school-approved curricular or extracurricular event or activity, the public school officials and administrators responsible for such facility shall ensure the presence of at least one staff person who is trained, pursuant to Public Health Law, in the operation and use of an AED.During any school-sponsored athletic contest or school-sponsored competitive athletic event held at any location, public school officials and administrators responsible for such contest or event shall ensure that AEDs are provided on-site and that at least one staff person who is trained, pursuant to public health law, in the operation and use of an AED, is present during such contest or event.Each AED device shall be approved by the Food & Drug Administration for adult use and/or pediatric use, as appropriate for the population reasonably anticipated to be served by such device, and shall be used according to the manufacturer’s instructions with consideration of operating procedures, maintenance and expiration date.A school district that certifies to the Commissioner of Education that it is unable to fully comply by September 1, 2002 may be excused from compliance until December 1, 2002.BLOODBORNE PATHOGENSOSHA Standard - 29 CFR 1910.1030Occupational Exposure to Bloodborne PathogensEffective Date - March 6, 1992The purpose of this Standard is to limit occupational exposure to blood and other potentially infectious materials, because exposure could result in transmission of bloodborne pathogens, which could lead to disease or death. All employees who can be “reasonably anticipated” to come into contact with blood or other bodily fluids from the performance of their job duties are covered by this Regulation. Enforced by New York State Department of Labor (PESH Unit) (516-228-3970).COMPLIANCE ISSUESWritten Exposure Control Plan, updated annually.Determination and documentation of employees at risk for occupational exposure.Universal precautions - all body fluids shall be considered potentially infectious.Engineering and work practice controls.Personal protective equipment provided at no cost to exposed employees.Housekeeping including proper medical waste disposal of contaminated sharps and regulated waste.Hepatitis B vaccination free of charge to all occupationally-exposed employees made available at a “reasonable time and place” within 10 working days of initial assignment. Post-exposure vaccination is a viable option if the vaccination process is started soon after exposure (usually within 24 hours).Declination forms mandatory as noted in Appendix A of the Standard.Post-exposure evaluation and follow-up of employees after an exposure incident.Medical physician to determine if an exposure incident has occurred and is usually defined by blood contact with an open wound, mucous membranes, eyes, or through injection.Hazard identification and biohazard labeling of red bags and sharps containers.Medical waste is defined as an article saturated with blood to a degree that under hand pressure would result in dripping blood from the rmation and training for employees with occupational exposure.Medical records of employee exposures must be maintained for “at least the duration of employment plus 30 years” and kept confidential.TRAINING REQUIREMENTSEmployees with occupational exposure must receive initial and annual refresher training during working hours.Employees must have access to a copy of the Standard.Training must include discussion on: the contents of the Standard and Exposure Control Plan; discussion of bloodborne diseases and their transmission; engineering and work practice controls; personal protective equipment; Hepatitis B vaccine; response to emergencies; handling exposure incidents; post-exposure evaluation and follow-up program; biohazard labeling and medical waste disposal.Trainer required to be knowledgeable in the subject matter.Training records must be retained for three years, and must include employees’ names, job titles, dates of training, contents of the program, and the name and qualifications of the trainer.NEEDLESTICK SAFETY AND PREVENTION ACTCongress passed this Act directing OSHA to revise the Bloodborne Pathogens Standard to establish, in greater detail, requirements that employers identify and make use of effective and safer medical devices. The revision became effective on April 18, 2001 with new employer requirements, including additions to the Exposure Control Plan and keeping a Sharps Injury Log as follows:Exposure Control PlanThe employer must consider innovations in medical procedure and technological developments that reduce the risk of exposure.Document consideration and use of appropriate commercially-available and effective safer devices.Since no one medical device is appropriate for all circumstances, employers must select devices that will not jeopardize patient or employee’s safety, or be medically inadvisable, and will make an exposure incident involving a contaminated sharp less likely to occur.Employee InputEmployers must solicit input from non-managerial employees responsible for direct patient care for the purpose of selecting effective engineering controls.Documentation of Employee InputEmployers must document in the Exposure Control Plan the nature by which input from employees was attained.RecordkeepingA Sharps Injury Log must be maintained and include:The type and brand of device involved in the incident.Location of the incident.Description of the incident.Engineering ControlsSafer medical devices, such as sharps with engineered sharps injury protections and needleless systems constitute an effective engineering control and must be used where feasible.Sharps with Engineered Sharps Injury ProtectionsThis is a new term which includes non-needle sharps or needle devices containing built-in safety features that are used for collecting fluids, or administering medications, including:Syringes with a sliding sheath that shields the needle after use.Needles that retract into a syringe after use.Shielded or retracting catheters.Intravenous medication delivery systems that use a catheter port with a needle housed in a protective covering.Needleless SystemsThis is a new term for devices which provide an alternative to needles for various procedures to reduce the risk of injury involving contaminated sharps including:I.V. medication systems with non-needle connections.Jet injection systems.BLOODBORNE PATHOGENSNew York State Mandatory Vaccination LawNew York State Public Health Law – Article 21Title 6-2164Effective Date - September 1, 2000In order to protect children in New York State from vaccine-preventable diseases, Public Health Law 2164 was amended to require Hepatitis B Vaccine for all children enrolled in the seventh grade in any public, private, or parochial school on or after September 1, 2000. Questions and enforcement issues related to this regulation can be answered by contacting the New York State Department of Health Immunization Program (Metropolitan Region) at 212-268-PLIANCE ISSUESThree-Dose Hepatitis B Vaccine Series IntervalsFirst & second doses – no less than 28 days (4 weeks).Second & third doses – no less than 56 days (8 weeks).First & third doses – no less than 4 months.Restarting the series is not necessary if the interval is greater than recommended.The third dose should not be given prior to 6 months of age.Two-Dose Hepatitis B Vaccine Series IntervalsThe second dose should be given 4-6 months after the initial dose.School Entry – Students who have received at least one dose of Hepatitis B Vaccine and have scheduled the remaining vaccinations may attend school while in the process of completing the vaccine series.A child who has not provided evidence of vaccination will not be allowed to attend school in excess of 14 days. This may be extended to a maximum of 30 days for transfer students from out-of-state or from another country if a good-faith effort has been made to be immunized.Not applicable to a child whose parent or guardian hold genuine and sincere religious beliefs which are contrary to the vaccination process, or to a child whose physician certifies that the vaccination process may be detrimental to the child’s health. Whenever a child has been refused admission to a school, the principal, teacher or person in charge of the school shall:Forward a report of such exclusion, and the name and address of such child, to the local health authority and to the person in parental relation to the child with notification of the responsibility of such person along with a consent form.Provide, in cooperation with the local health authority, for a time and place for immunization for a child for whom consent has been obtained.Every school shall annually provide the Commissioner of Education, on forms provided by the Commissioner, a summary regarding compliance with the provisions of this section.BULK STORAGE TANKSFederal Underground Storage Tank (UST) Law40 CFR Parts 280-281Effective Date - September 23, 1988New York Petroleum Bulk Storage ActNew York Oil Spill Prevention, Control, and Compensation Act6 NYCRR Parts 610-614; 17 NYCRR Parts 30, 31Article XI - Nassau County Public Health OrdinanceToxic & Hazardous Materials Storage, Handling and ControlEffective Date - August 1, 1986Bulk storage tanks for petroleum products have the potential to create environmental hazards due to spills and leaks. This has resulted in Federal, State, and local laws on bulk storage tank construction, monitoring, and corrective action when necessary. The Environmental Protection Agency (EPA) regulates underground storage tanks (USTs) storing petroleum. The New York Department of Environmental Conservation (DEC) (518-457-4351) enforces two State laws governing USTs and above-ground storage tanks (ASTs): The New York Petroleum Bulk Storage Act establishes registration requirements and technical standards for tank facilities storing between 1,100 and 400,000 gallons of petroleum products in ASTs and USTs. The New York Oil Spill Prevention, Control and Compensation Act establishes licensing and technical requirements for ASTs and USTs storing 400,000 gallons or PLIANCE ISSUESTechnical requirements for registration, installation, monitoring and leak detection, release reporting and corrective action, record keeping, closure, and financial responsibility.Tanks installed on or after December 22, 1988 must meet all Federal and State new tank requirements. Tanks installed prior to that date, existing tanks, must be retrofitted to meet new tank requirements according to varying deadlines.A tank is regulated as a UST if 10% of the entire capacity of the UST system is below grade and is greater than 1,100 but less than 400,000 gallons of petroleum.Registration of tanks with the appropriate fee every 5 years (NYS DEC & Nassau County Board of Health).All new USTs must meet the following requirements: tanks and piping must be corrosion-resistant; tanks must have spill and overflow protection; tanks must have leak-detection provisions; tanks must have secondary containment; fill ports must be labeled; underground piping must have access ports for testing without extensive excavation.All new ASTs must meet the following: tanks must be made of steel; tank bottoms and underground piping must have corrosion protection; tanks must have secondary containment and dikes; tanks must have leak-detection and spill/overflow prevention; tanks must be labeled at the gauge and on the tank itself.New tanks must be installed according to accepted industry standards and manufacturers’ directions. The installer must certify that the tank was installed correctly through varying certification processes.EPA and DEC require routine testing and monitoring of USTs and piping to ensure system integrity and detection of leaks when they do occur.Tanks should be leak-tested monthly, which can be done by various methods. Leak-detection methods must have a 95% detection probability. Pressurized piping has similar requirements.Existing tanks without corrosion protection and spill/overflow protection may use monthly inventory control and annual tank-tightness protection to meet leak-detection requirements until December 22, 1998, at which time tanks must be retrofitted or closed. Upgraded tanks must have overfill/overspill protection and automatic gauging.DEC requires periodic tightness testing of USTs and their piping systems when they are 10 years old for tanks with no corrosion protection, and 15 years old for corrosion-resistant tanks, and then every 5 years thereafter.Releases or spills associated with USTs should be reported to DEC (1-800-457-7362).When tanks are taken out of service they must be closed according to specific procedures.Federal law requires owners of USTs to demonstrate financial responsibility sufficient to cover cleanup costs in the event of a leak.CARBON MONOXIDE ALARMSCarbon Monoxide Alarms in Commercial BuildingsChapter 541 of the Laws of 201419 NYCRR Part 1228Section 1228.4Effective Date - June 27, 2015Transition Period: June 27, 2015 – June 27, 2016Compliance Date - June 27, 2016Carbon Monoxide detection shall be provided in accordance with the provisions of Section 1228.4 in every Commercial Building that: (1) contains any carbon monoxide source (including, but not limited to, any garage or any other motor vehicle-related occupancy) and/or (2) is attached to a garage and/or (3) is attached to any other motor vehicle-related-occupancy. This covers the provision of carbon monoxide detection, and the application, installation, performance, and maintenance of carbon monoxide alarms and carbon monoxide detection systems in new and existing commercial buildings. The term Commercial Building means any new or existing building that is not a one-family dwelling, a two-family dwelling, or a building containing only townhouses. DefinitionsCarbon Monoxide Source: Any appliance, equipment, device or system that may emit carbon monoxide (including, but not limited to, fuel fired furnaces; fuel fired boilers; space heaters with pilot lights or open flames; kerosene heaters; wood stoves; fireplaces; and stoves, ovens, dryers, water heaters, and refrigerators that use gas or liquid fuel) and other motor vehicle related occupancies.Central Location: The point that, in the judgment of the authority having jurisdiction, maximizes (1) the detection of carbon monoxide, (2) the notification of occupants in normally occupied areas, and (3) the notification of occupants prior to entering normally occupied mercial Building: Any new or existing building that is not a one-family dwelling, a two family dwelling, or a building containing only townhouses.Classroom: A room or area that (1) is located in a school, (2) is a place where classes are taught, and (3) is occupied or capable of being occupied by six or more persons (including students and teachers) at any one time. The term school means any building used, in whole or in part, for educational purposes but does not include a school attended only by students above the 12th grade.Detection Zone: Means a story of a commercial building, however: If a story is arranged so that two or more separate carbon monoxide-producing HVAC systems are used to serve separate portions of the story, each such portion of the story shall be deemed to be a separate detection zone. If a story contains one or more classrooms, each classroom shall be deemed to be a separate detection zone and the portion, if any, of the story that is not a classroom shall be deemed to be a separate detection zone. If a portion of a story is used as a garage, the portion used as a garage shall not be deemed to be a detection zone and the portion not used as a garage shall be deemed to be a detection zone. If an entire story is used as a garage, such story shall not be deemed to be a detection zone.Existing Commercial Building: Means a commercial building that was constructed prior to December 31, mercial Buildings Required to have Carbon Monoxide DetectionGeneral Rule:Carbon monoxide detection shall be provided in every commercial building that (i) contains any carbon monoxide source and/or (ii) is attached to a garage and/or (iii) is attached to any other motor vehicle-related occupancy.Exceptions:Carbon monoxide detection shall not be required in a commercial building that is (a) classified entirely in storage Group S or Utility and Miscellaneous Group U under Chapter 3 of the 2010 BCNYS and (b) occupied only occasionally and only for building or maintenance equipment.Carbon monoxide detection shall not be required in a commercial building that is a canopy (as defined in the 2010 FCNYS).Detection Zones Required to be Provided with Carbon Monoxide DetectionGeneral Rule: Where a commercial building is required to have carbon monoxide detection, carbon monoxide detection shall be provided in each detection zone and in which at least one of the following triggering conditions exists:Triggering Condition 1: The presence of any carbon monoxide source in a detection zone.Triggering Condition 2: The presence in a detection zone of a duct opening or other outlet from a carbon monoxide-producing HVAC system unless (a) carbon monoxide detection is provided in the first room or area served by each main duct leaving the carbon monoxide source in such carbon monoxide-producing HVAC system and (b) the signals from the carbon monoxide detection equipment in the first room or area served by each such main duct are automatically transmitted to an approved location.Triggering Condition 3: The presence of a garage or other motor vehicle-related occupancy in location that is adjacent to a detection zone even if there are no openings, penetrations, or air transfer openings between the detection zone and the adjacent garage or other motor vehicle-related occupancy. However, in the case of a detection zone that is not a classroom (a) it shall not be deemed to be a triggering condition if the garage or other motor vehicle-related occupancy is attached to, but not located in, the commercial building in which such detection zone is located, and the attachment between the garage or other motor vehicle-related occupancy and the commercial building is only through a covered walkway that is open (without sidewalls or drops) on 50 percent or more of its perimeter and (b) the presence of an adjacent garage shall not be deemed to be a triggering condition for such detection zone if the garage is attached to, but not located in, the commercial building in which the detection zone is located, and the garage is an open parking garage that complies with Section 406.3 of the 2010 BCNYS.Exceptions for Detection Zones that are not Classrooms: Carbon monoxide protection shall not be required to be provided in such detection zones if (i) such detection zone has ambient conditions that would, under normal conditions and with all required ventilation and exhaust systems installed and operating properly, activate the carbon monoxide detection devices that otherwise would be required in such detection zone or (ii) such detection zone is open (without sidewalls or drops) on 50 percent or more of its perimeter, and there is no area that could be occupied within such detection zone that is not open on 50 percent or more of its perimeter.Placement of Carbon Monoxide DetectorsWhere a detection zone is required to be provided with carbon monoxide detection, the carbon monoxide detection shall be placed as follows:Detection zones less than 10,000 square feet: The carbon monoxide detection shall be placed in a central location within such detection zone.Detection zones 10,000 square feet or greater: The carbon monoxide detection shall be placed in a central location within such detection zone and at such additional locations within such detection zones may be necessary to assure that no point in the detection zone is more than 100 feet from carbon monoxide detection.Exception: In the case of a detection zone having an area 10,000 square feet or larger that (a) contains only one carbon monoxide source, (b) is not served by a carbon monoxide-producing HVAC system, (c) is not adjacent to a garage or other motor vehicle-related occupancy, and (d) is not a classroom, compliance with the following shall be an acceptable alternative – Carbon monoxide detection shall be placed in a central location within such detection zone and at one of the following locations: (1) in an approved location between the carbon monoxide source and the remainder of the detection zone or (2) on the ceiling of, or at another approved location in, the room containing the carbon monoxide source. Detection EquipmentCarbon monoxide detection shall be provided by carbon monoxide alarms or carbon monoxide detection systems as required by the regulation and described below.Carbon Monoxide AlarmsPower SourceGeneral Rule: Carbon monoxide alarms shall receive their primary power from the building wiring where such wiring is served from a commercial source, and when primary power is interrupted, shall receive power from a battery. Wiring shall be permanent and without a disconnecting switch other than that required for overcurrent protection.Exception: Carbon monoxide alarms powered solely by a 10-year battery shall be permitted in (a) existing commercial buildings and (b) commercial buildings without commercial electric power.Listing – Carbon monoxide alarms shall be listed in accordance with UL bination Alarms – A combination carbon monoxide/smoke alarm shall not be deemed to satisfy the requirements.Interconnection – In a new commercial building, where a carbon monoxide alarm is installed in a normally unoccupied detection zone, such carbon monoxide alarm shall be interconnected with a carbon monoxide alarm that is placed in an adjacent and normally occupied detection zone. An approved sign shall be placed in an approved location in the proximity of each carbon monoxide alarm installed in a normally occupied detection zone that is interconnected to one or more carbon monoxide alarms installed in one or more normally unoccupied detection zones. Such signs shall identify and describe the location of each normally unoccupied detection zone that contains any such interconnected carbon monoxide alarm.Manufacturers’ Instructions – Carbon monoxide alarms shall be installed, operated and maintained in accordance with the manufacturers’ instructions. However, in the event of a conflict between the manufacturers’ instructions and the provisions of the regulation, the provisions of the regulation shall be followed. Carbon Monoxide Detection SystemsGeneral – Carbon monoxide detection systems shall comply with NFPA 720. Carbon monoxide detectors shall be listed in accordance with UL bination Detectors – Installed in carbon monoxide detection systems shall be an acceptable alternative to carbon monoxide detectors, provided such combination detectors are listed in accordance with UL 2075 and UL 268.Notification Appliances – As defined in NFPA 720, shall comply with NFPA 720.Power Source – The power source for carbon monoxide detection systems shall comply with NFPA 720.Additional Requirements in Group E OccupanciesIn a new commercial building that (i) has an occupant load of 31 or more and (ii) is classified, in whole or in part, as Educational Group E under Chapter 3 of the 2010 BCNYS, carbon monoxide alarm signals shall be automatically transmitted to an approved on-site location that is normally staffed by school personnel during normal school hours.MaintenanceCarbon monoxide alarms and carbon monoxide detection systems shall be maintained in accordance with NFPA 720. Carbon monoxide alarms and carbon monoxide detectors that become inoperable or begin producing end-of-life signals shall be replaced as soon as practicable.Connection of Carbon Monoxide Detection Systems to Control Units and Off-Premises Signal TransmissionCarbon Monoxide Detection Systems: Shall be installed in accordance with the regulation and shall have off-premises signal transmission in accordance with NFPA 720.Arrangement of Carbon Monoxide Detection System Circuits: Signal – Carbon monoxide detection systems shall not activate a fire signal to a fire alarm control panel.Fire Alarm System Notification – Carbon monoxide detection systems shall not activate any notification appliance that announces a fire alarm or any other alarm that is not distinctive from a fire notification as required by NFPA 72.On-Site Notification – When notification of a carbon monoxide detection system is permitted to be transmitted to an approved location, at least one approved notification appliance, shall be provided within every building that transmits a signal to an approved location.CONCUSSION MANAGEMENTChapter 496 of the Laws of 2011Public Health Law Section 206Education Law Section 305(42)(a)Commissioner of Education Regulation 136.5Concussion Management Awareness ActEffective Date - July 1, 2012The Concussion Management Awareness Act authorizes the Commissioner of Education, in conjunction with the Commissioner of Health, to promulgate and review as necessary rules and regulations relating to pupils who suffer mild traumatic brain injuries, also referred to as concussions, while receiving instruction or engaging in any school sponsored or related activity. The proposed rule requires all public school coaches, physical education teachers, school nurses and athletic trainers to complete, biennially, a course approved by the Department, related to recognizing the symptoms of mild traumatic brain injuries. The Departments are required to post information on mild traumatic brain injuries, guidelines on return to school (regardless of where the injury occurred), on their respective websites. Districts are required to provide guidance on how to obtain such information as part of their permission consent forms to participate in interscholastic athletics. During school athletic activities, schools would be required to remove from activities, any student suspected of having sustained mild traumatic brain injury. The student would not be permitted to return to athletic activity until they have been symptom free for not less than 24 hours, and have been evaluated by and received written signed authorization from a licensed physician. Students would be required to receive clearance by the district’s medical director in order to resume participation in extra class athletic activities. Such authorization is required to be kept in the student’s permanent health record. Schools are also required to follow any guidance from the student’s treating physician in regards to limitations on school attendance and activities. The proposed rule permits school districts to choose to establish a concussion management team to oversee implementation of the PLIANCE ISSUESRelates to pupils who have sustained, or are believed to have sustained, mild traumatic brain injuries (also referred to as a concussion) while receiving instruction or engaging in any school sponsored or related activity.Applies to public and charter schools.The New York State Education Department’s Guidelines for Concussion Management in the School Setting (June 2012) is available on their website. Schools can also choose to develop a written concussion management policy. A sample policy is available at . Each school coach, physical education teacher, nurse and athletic trainer, who works with and/or provides instruction to pupils engaged in school sponsored athletic activities, shall complete, on a biennial basis, a course of instruction relating to recognizing the symptoms of mild traumatic brain injuries and monitoring and seeking proper medical treatment for pupils who suffer mild traumatic brain injuries. Such course shall be completed by means of instruction approved by the Department including, but not limited to, courses provided online and by teleconference. School coaches/physical education teachers (concussion/HeadsUp/online_training.html). School nurses and certified athletic trainers (). The Department shall post on its internet website information relating to mild traumatic brain injuries and the minimum components of required coursework including:The definition of a mild traumatic brain injury.Signs and symptoms of mild traumatic brain injury.How mild traumatic brain injuries may occur.Practices regarding prevention.Department guidelines for the return to school and school activities of a pupil who has suffered a mild traumatic brain injury, regardless of whether such injury occurred outside school.A school shall include the above-noted information in any permission form or consent form or similar document that may be required from a parent or person in parental relation for a pupil’s participation in interscholastic sports. A school shall include such information or reference on how to obtain such information from the websites of the State Education Department and the Department of Health, on the school’s internet website if one exists.Removal from athletic activities:A school shall require the immediate removal from athletic activities of any pupil who has sustained, or is believed to have sustained, a mild traumatic brain injury. In the event that there is any doubt as to whether a pupil has sustained a concussion, it shall be presumed that the pupil has been so injured until proven otherwise.No such pupil shall resume athletic activity until the pupil has been symptom free for not less than twenty-four hours, and has been evaluated by and received written and signed authorization from a licensed physician; and for extra class athletic activities, has received clearance from the medical director to participate in such activity. Such authorization shall be kept on file in the pupil’s permanent health record. The school shall follow any directives issued by the pupil’s treating physician with regard to limitations and restrictions on school attendance and activities for the pupil.Concussion Management Team:Each school or school district, in its discretion, may establish a concussion management team which may be composed of the athletic director, school nurse, school physician, a coach of an interscholastic team, athletic trainer, and other appropriate personnel as designated by the school or school district.The concussion management team shall oversee the implementation of the provisions of the law and may establish and implement a program which provides information on mild traumatic brain injuries to parents and persons in parental relation throughout each school year.CONFINED SPACES - PERMIT REQUIREDOSHA Standard - 29 CFR 1910.146Effective Date - April 15, 1993In many workplaces, spaces exist that are considered confined spaces because their configuration may limit the activities of employees that enter into, work in, and exit from them. A confined space has limited or restricted means of entry or exit, is large enough for an employee to enter and perform assigned work, and is not designed for continuous occupancy by the employee. Permit-required confined spaces are confined spaces that additionally pose health or safety hazards resulting in the requirement of a “Permit for Entry.” A permit-required space has one or more of the following characteristics: (1) contains or has the potential to contain a hazardous atmosphere; (2) contains a material that has the potential for engulfing an entrant; (3) has an internal configuration that might cause an entrant to be trapped or asphyxiated by inwardly-converging walls or by a floor that slopes downward and tapers to a smaller cross-section; and/or (4) contains any other recognized serious safety or health hazards. Enforced by New York State Department of Labor (PESH Unit) (516-228-3970). COMPLIANCE ISSUESEvaluate the workplace to determine if any spaces are permit-required confined rm exposed employees of existence, location, and danger posed by the permit-required confined spaces in the workplace by signs or other means.Develop and implement a written Permit-Required Confined Space Program if employee entry into permit spaces is allowed. The program must include: measures to prevent unauthorized entry; permit space hazard identification and evaluation; procedures for safe permit space entry; provisions for all necessary equipment; evaluation of permit space conditions before and during entry; provision of an attendant outside the permit space during entry operations; designation of authorized entrants, attendants, and entry supervisors identifying their duties and providing training; a permit system including entry permits to authorize entry; procedures necessary for concluding entry operations; and review of entry operations as necessary.Rescue service personnel are required to be properly trained as authorized entrants, and must be certified in First-Aid and CPR.Re-evaluate and reclassify spaces when rm contractors of permit-required confined spaces and the Permit Space Entry Program. Coordination of entry operations with contractors is required.TRAINING REQUIREMENTSAll affected employees must have the understanding, knowledge, and skills necessary to safely perform their assigned duties. Proficiency must be established.Training must take place before duties are assigned, before a change in assigned duties, whenever there is a change in permit space hazards, and when employee knowledge is inadequate.A certificate of training signed by the instructor is required and must include the name of the trainee and date of training.COOLING TOWERS Public Health Law Section 225(5)(a)Part 4 of Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York Effective Date - August 17, 2015Emergency regulations were adopted on August 17, 2015 by the New York State Department of Health (NYSDOH) which address cooling tower registration requirements. Legionnaire’s Disease has been traced to cooling towers that were not properly maintained. The intent of the regulations is to help prevent future outbreaks of Legionnaire’s Disease. This emergency regulation will remain in effect for 90 days, after which they will be adopted as permanent regulations. A cooling tower is defined in the new regulation as “a tower, evaporation condenser or fluid cooler that is part of a recirculated water system incorporated into a building’s cooling, industrial process, refrigeration or energy production system.” Cooling towers must be registered with the NYSDOH, inspected, sampled, have a maintenance program and plan, and cleaned and PLIANCE ISSUESRegistration: Owners of buildings with existing cooling towers must register their towers with the NYSDOH. Thereafter, all cooling towers must be registered prior to initial operation. All cooling towers must be registered in the statewide electronic system at . Information required includes the cooling tower manufacturer; model and serial number; cooling capacity; inspection information; cleaning and disinfection; and more.Sampling & Testing: All owners of buildings with cooling towers must collect samples and obtain culture testing. Immediate disinfection is required if culture sample testing demonstrates a need as defined in the law. Levels of greater than or equal to 10 CFU/ml require specific response actions.Inspections: Must be performed by a NYS licensed professional engineer; a certified industrial hygienist; a certified water technologist; or an environmental consultant with training and experience performing inspections pursuant to the current standard industry protocols, including but not limited to, ASHRAE 188-2015. All cooling towers must be certified as complying by November 1, 2016 and thereafter annually by November 1st of each year.Maintenance Program & Plan: Building owners with cooling towers must obtain and implement a maintenance program and plan by March 1, 2016. The plan must include a schedule for routine sampling, as well as procedures for emergency testing and disinfection to destroy Legionella bacteria. The plan must be maintained on the premises where the cooling tower is located and made available immediately upon request.Cleaning & Disinfection: An individual who cleans and disinfects a cooling tower must be a commercial pesticide applicator or pesticide technician who is qualified to apply biocide in a cooling tower and certified pursuant to Article 33 of the Environmental Conservation Law and 6 NYCRR Part 325, or a pesticide apprentice under the supervision of a certified applicator. In addition, only biocide products registered by the NYS Department of Environmental Conservation (NYSDEC) may be used in disinfection. See the actual law below:Pursuant to the authority vested in the Public Health and Health Planning Council and the Commissioner of Health by section 225(5)(a) of the Public Health Law, Part 4 of Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York is added, to be effective upon filing with the Secretary, to read as follows:4.1 Scope.All owners of cooling towers, and all general hospitals and residential health care facilities as defined in Article 28 of the Public Health Law, shall comply with this Part.4.2 Definitions.As used in this Part, the following terms shall have the following meanings:(a) Building. The term “building” means any structure used or intended for supporting or sheltering any use or occupancy. The term shall be construed as if followed by the phrase “structure, premises, lot or part thereof” unless otherwise indicated by the text.(b) Commissioner. The term “commissioner” means the New York State Commissioner of Health.(c) Cooling Tower. The term “cooling tower” means a cooling tower, evaporative condenser or fluid cooler that is part of a recirculated water system incorporated into a building’s cooling, industrial process, refrigeration or energy production system.(d) Owner. The term “owner” means any person, agent, firm, partnership, corporation or other legal entity having a legal or equitable interest in, or control of the premises.4.3 Registration.All owners of cooling towers shall register such towers with the department within 30 days after the effective date of this Part. Thereafter, all owners of cooling towers shall register such towers with the department prior to initial operation, and whenever any owner of the cooling tower changes. Such registration shall be in a form and manner as required by the commissioner and shall include, at a minimum, the following information:(a) street address of the building at which the cooling tower is located, with building identification number, if any;(b) intended use of the cooling tower;(c) name(s), address(es), telephone number(s), and email address(es) of all owner(s) of the building;(d) name of the manufacturer of the cooling tower;(e) model number of the cooling tower;(f) specific unit serial number of the cooling tower;(g) cooling capacity (tonnage) of the cooling tower;(h) basin capacity of the cooling tower;(i) whether systematic disinfection is maintained manually, through timed injection, or through continuous delivery;(j) the contractor or employee engaged to inspect and certify the cooling tower; and(k) commissioning date of the cooling tower.4.4 Culture sample collection and testing; cleaning and disinfection.(a) All owners of cooling towers shall collect samples and obtain culture testing:(1) within 30 days of the effective date of this Part, unless such culture testing has been obtained within 30 days prior to the effective date of this Part, and shall take immediate actions in response to such testing, including interpreting Legionella culture results, if any, as specified in Appendix 4-A.(2) in accordance with the maintenance program and plan, and shall take immediate actions in response to such testing as specified in the plan, including interpreting Legionella culture results, if any, as specified in Appendix 4-A; provided that if a maintenance program and plan has not yet been obtained in accordance with section 4.6 of this Part, bacteriological culture samples and analysis (dip slides or heterotrophic plate counts) to assess microbiological activity shall be obtained, at intervals not exceeding 90 days while the tower is in use, and any immediate action in response to such testing shall be taken, including interpreting Legionella culture results, if any, as specified in Appendix 4-A.(b) Any person who performs cleaning and disinfection shall be a commercial pesticide applicator or pesticide technician who is qualified to apply biocide in a cooling tower and certified in accordance with the requirements of Article 33 of the Environmental Conservation Law and 6 NYCRR Part 325, or a pesticide apprentice under the supervision of a certified applicator.(c) Only biocide products registered by the New York State Department of Environmental Conservation may be used in disinfection.(d) All owners shall ensure that all cooling towers are cleaned and disinfected when shut down for more than five days.4.5 Inspection and certification.(a) Inspection. All owners of cooling towers shall inspect such towers within 30 days of the effective date of this Part, unless such tower has been inspected within 30 days prior to the effective date of this Part. Thereafter, owners shall ensure that all cooling towers are inspected at intervals not exceeding every 90 days while in use. All inspections shall be performed by a: New York State licensed professional engineer; certified industrial hygienist; certified water technologist; or environmental consultant with training and experience performing inspections in accordance with current standard industry protocols including, but not limited to ASHRAE 188-2015, as incorporated by section 4.6 of this Part.(1) Each inspection shall include an evaluation of:(i) the cooling tower and associated equipment for the presence of organic material, biofilm, algae, and other visible contaminants;(ii) the general condition of the cooling tower, basin, packing material, and drift eliminator;(iii) water make-up connections and control;(iv) proper functioning of the conductivity control; and(v) proper functioning of all dosing equipment (pumps, strain gauges).(2) Any deficiencies found during inspection will be reported to the owner for immediate corrective action. A person qualified to inspect pursuant to paragraph (a) of this section shall document all deficiencies, and all completed corrective actions.(3) All inspection findings, deficiencies, and corrective actions shall be reported to the owner, recorded, and retained in accordance with this Part, and shall also be reported to the department in accordance with section 4.10 of this Part.(b) Certification. Each year, the owner of a cooling tower shall obtain a certification from a person identified in paragraph (a) of this section, that such cooling tower was inspected, tested, cleaned, and disinfected in compliance with this Part, that the condition of the cooling tower is appropriate for its intended use, and that a maintenance program and plan has been developed and implemented as required by this Part. Such certification shall be obtained by November 1, 2016, and by November 1 of each year thereafter. Such certification shall be reported to the department.4.6 Maintenance program and plan.(a) By March 1, 2016, and thereafter prior to initial operation, owners shall obtain and implement a maintenance program and plan developed in accordance with section 7.2 of Legionellosis: Risk Management for Building Water Systems (ANSI/ASHRAE 188-2015), 2015 edition with final approval date of June 26, 2015, at pages 7-8, incorporated herein by reference. The latest edition of ASHRAE 188-2015 may be purchased from the ASHRAE website () or from ASHRAE Customer Service, 1791 Tullie Circle, NE, Atlanta, GA 30329-2305. E-mail: orders@. Fax: 678-539-2129. Telephone: 404-636-8400, or toll free 1-800-527-4723. Copies are available for inspection and copying at: Center for Environmental Health, Corning Tower Room 1619, Empire State Plaza, Albany, NY 12237.(b) In addition, the program and plan shall include the following elements:(1) a schedule for routine bacteriological sampling and analysis (dip slides or heterotrophic plate counts) to assess microbiological activity and a schedule for Legionella sampling and culture analysis; provided that where the owner is a general hospital or residential health care facility, as defined in Article 28 of the Public Health Law, routine testing shall be performed at a frequency in accordance with the direction of the department.(2) emergency sample collection and submission of samples for Legionella culture testing to be conducted in the case of events including, but not limited to:(i) power failure of sufficient duration to allow for the growth of bacteria;(ii) loss of biocide treatment sufficient to allow for the growth of bacteria;(iii) failure of conductivity control to maintain proper cycles of concentration;(iv) a determination by the commissioner that one or more cases of Legionellosis is or may be associated with the cooling tower, based upon epidemiologic data or laboratory testing; and(v) any other conditions specified by the commissioner.(3) immediate action in response to culture testing, including interpreting Legionella culture results, if any, as specified in Appendix 4-A; provided that where the owner is a general hospital or residential health care facility, as defined in Article 28 of the Public Health Law, the provisions shall additionally require immediately contacting the department for further guidance, but without any delay in taking any action specified in Appendix 4-A.(c) An owner shall maintain a copy of the plan required by this subdivision on the premises where a cooling tower is located. Such plan shall be made available to the department or local health department immediately upon request.4.7 Recordkeeping.An owner shall keep and maintain records of all inspection findings, deficiencies, corrective actions, cleaning and disinfection, and tests performed pursuant to this Part, and certifications, for at least three years. An owner shall maintain a copy of the maintenance program and plan required by this Part on the premises where a cooling tower is located. Such records and plan shall be made available to the department or local health department immediately upon request.4.8 Discontinued use.The owner of a cooling tower shall notify the department within 30 days after removing or permanently discontinuing use of a cooling tower. Such notice shall include a statement that such cooling tower has been disinfected and drained in accordance with the same procedures as set forth in the shutdown plan, as specified in the maintenance program and plan required pursuant to this Part.4.9 Enforcement.(a) An officer, employee or agent of the department or local health department may enter onto any property to inspect the cooling tower for compliance with the requirements of this Part, in accordance with applicable law.(b) Where an owner does not register, obtain certification, clean or disinfect, culture test or inspect a cooling tower within the time and manner set forth in this Part, the department or local health department may determine that such condition constitutes a nuisance and may take such action as authorized by law. The department or local health department may also take any other action authorized by law.(c) A violation of any provision of this Part is subject to all civil and criminal penalties as provided for by law. Each day that an owner remains in violation of any provision of this Part shall constitute a separate and distinct violation of such provision.4.10 Electronic registration and reporting.(a) (1) Within 30 days of the effective date of this Part, and thereafter within 10 days after any action required by this Part, owners shall electronically input the following information in a statewide electronic system designated by the commissioner:(i) registration information;(ii) date of last routine culture sample collection, sample results, and date of any required remedial action;(iii) date of any legionella sample collection, sample results, and date of any required remedial action;(iv) date of last cleaning and disinfection;(v) dates of start and end of any shutdown for more than five days;(vi) date of last certification and date when it was due;(vii) date of last inspection and date when it was due;(viii) date of discontinued use; and(ix) such other information as shall be determined by the department.(2) The commissioner may suspend this requirement in the event that the electronic system is not available.(b) The data in the system referenced in paragraph (a) shall be made publicly available, and shall be made fully accessible and searchable to any local health department. Nothing in this Part shall preclude a local health department from requiring registration and reporting with a local system or collecting fees associated with the administration of such system.4.11 Health care facilities (a) All general hospitals and residential health care facilities, as defined in Article 28 of the Public Health Law, shall, as the department may determine appropriate: (1) adopt a Legionella sampling plan for its facilities’ potable water distribution system; (2) report the results of such sampling; and (3) take necessary responsive actions. (b) With respect to such general hospitals and residential health care facilities, the department shall investigate to what extent, if any, requirements more stringent than those set forth in this Part are warranted.4.12 Severability.If any provisions of this Part or the application thereof to any person or entity or circumstance is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of this Part or the application thereof to other persons, entities, and circumstances.DIGNITY FOR ALL STUDENTS ACTNew York State Education Law Article 2Education Law, Section 801(a): Instruction in Civility, Citizenship, & Character EducationEducation Law – 2801: Codes of Conduct on School PropertyAmendment of 8 NYCRR 100.2(c): Instruction in Certain SubjectsNew Regulation 8 NYCRR 100.2(jj): School Employee TrainingAmendment of 8 NYCRR 100.2(l) and addition of 119.6: Codes of ConductAmendment of 8 NYCRR 100.2(kk): Dignity Act Reporting RequirementsEffective Date - July 1, 2012The goal of the Dignity for all Students Act is to provide elementary and secondary school students with a safe and supportive environment free from discrimination, intimidation, taunting, harassment, and bullying on school property, on a school bus, or at a school function. This includes the importance of a comprehensive State and local approach to creating safe, supportive, and engaging learning spaces. The provisions of the Dignity Act make explicit in school policy and practice, that no student shall be subject to discrimination, harassment, or bullying based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, or sex by school employees or students. This legislation amended State Education Law by creating a new Article 2 – Dignity for All Students. The Dignity Act also amended Section 801-a of New York State Education Law regarding instruction in civility, citizenship, and character education by expanding the concepts of tolerance, respect for others and dignity to include: an awareness and sensitivity in the relations of people, including but not limited to, different races, weights, national origins, ethnic groups, religions, religious practices, mental or physical abilities, sexual orientations, gender identity, and sexes. The Dignity Act further amended Section 2801 of the Education Law by requiring Boards of Education to include language addressing The Dignity Act in their codes of conduct. Additionally, under the Dignity Act, schools will be responsible for collecting and reporting data regarding material incidents of discrimination and harassment.DEFINITIONSSchool Property - shall mean in or within any building, structure, athletic playing field, playground, parking lot or land contained within the real property boundary line of a public elementary or secondary school, in or on a school bus, as defined in section one hundred forty-two of the vehicle and traffic law.School Function – shall mean a school-sponsored extra-curricular event or activity.Disability – shall mean disability as defined in subdivision twenty-one of section two hundred ninety-two of the executive law.Employee – shall mean employee as defined in Education Law 1125(3): any person receiving compensation from a school district or employee of a contracted service provider or worker placed within the school under a public assistance employment program, whereby such services performed by such person involve direct student contact.Sexual Orientation – shall mean actual or perceived heterosexuality, homosexuality, or bisexuality.Harassment and Bullying – shall mean the creation of a hostile environment by conduct or by threats, intimidation or abuse, including cyber-bullying, that:Has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional, or physical well-being; orReasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; orReasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student; orOccurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property.Acts of harassment and bullying shall include, but not be limited to, those acts based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex. For the purpose of this definition the terms “threats, intimidation, or abuse” shall include verbal and non-verbal actions. (Effective July 1, 2013)Cyber-bullying – shall mean harassment or bullying, as defined above, where such harassment or bullying occurs through any form of electronic communication. (Effective July 1, 2013)COMPLIANCE ISSUESDiscrimination and Harassment Prohibited:No student shall be subjected to harassment or bullying by employees or students on school property or at a school function; nor shall any student be subjected to discrimination based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex by school employees or students on school property or at a school function.Code of Conduct: shall remain in compliance with existing regulatory requirements and additionally include:Provisions prohibiting discrimination and harassment against any student by employees or students on school property or at a school function, that creates a hostile environment by conduct, with or without physical contact and/or by verbal threats, intimidation or abuse, of such a severe nature that:Has or would have the effect of unreasonably and substantially interfering with a student’s performance, opportunities or benefits, or mental, emotional and/or physical well-being.Reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety.Such conduct that includes, but is not limited to, threats, intimidation, or abuse based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practices, disability, sexual orientation or sex.Provisions for responding to acts of discrimination and harassment against students by employees or students on school property or at a school function.A bill of rights and responsibilities of students which focuses upon positive student behavior and a safe and supportive school climate, which shall be written in plain language, publicized and explained in an age-appropriate manner to all students on an annual basis.Guidelines and programs for in-service education programs for all district staff members to ensure effective implementation of school policy on school conduct and discipline, including but not limited to, guidelines on promoting a safe and supportive school climate while discouraging, among other things, discrimination or harassment against students by students and/or school employees; and including safe and supportive school climate concepts in the curriculum and classroom management.Posting the complete code of conduct, on the internet website, if any, of the school or school district, including any annual updates to the code.Providing copies of a summary of the code of conduct to all students, in an age-appropriate version, written in plain-language, at a general school assembly to be held at the beginning of each school year.Providing a plain language summary of the code of conduct to all persons in parental relations to students before the beginning of each school year and making such summary available thereafter upon request.Providing each existing teacher with a copy of the complete code of conduct and any amendments to the code as soon as practicable following initial adoption or amendment of the code, and providing new teachers with a complete copy of the current code upon their employment.Making complete copies of the code available for review by students, parents, or persons in parental relation to students, other school staff and other community members.TrainingShall be provided for employees, including school and district administrators and instructional and non-instructional staff.Shall raise awareness and sensitivity to potential acts of discrimination or harassment directed at students that are committed by students or school employees on school property or at a school function.Shall enable employees to prevent and respond to incidents of discrimination and harassment.May be implemented and conducted in conjunction with existing professional development.Shall provide guidelines relating to the development of nondiscriminatory instructional and counseling methods.Dignity Act CoordinatorAt least one employee in every school shall be designated as the Dignity Act Coordinator and be thoroughly trained in methods to respond to human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender and sex. The designation of each Dignity Act Coordinator shall be approved by the board of education.The name and contact information for the Dignity Act Coordinator shall be shared with all school personnel, students, and persons in parental relation, which shall include, but is not limited to, providing the name, designated school and contact information of each Dignity Act Coordinator by:Listing such information in the code of conduct and updates posted on the internet website, if one is available.Including such information in the plain language summary of the code of conduct provided to all persons in a parental relation to students before the beginning of each school year.Including such information in at least one district or school mailing per school year to parents and persons of parental relation and, if such information changes, in at least one subsequent district or school mailing as soon as practicable thereafter.Posting such information in highly-visible areas of school buildings.Making such information available at the district and school-level administrative offices.In the event a Dignity Act Coordinator vacates his or her position, another school employee shall be immediately designated for an interim appointment as Coordinator, pending approval of the Board of Education.Reporting of IncidentsFor the 2012-13 school year and each succeeding year, each school district, shall submit to the commissioner an annual report of material incidents of discrimination and harassment that occurred in each school year. Such report shall be submitted in a manner prescribed by the commissioner on or before the BEDS reporting deadline, or such other date as determined by the commissioner.Annual reports shall include incidents that are the result of investigation of a written or oral complaint made to the school principal or other school administrator responsible for school discipline or to any other school employee. They shall also include those incidents that are directly observed by such principal or administrator or by any other school employee regardless of whether a complaint is made.Reports shall include information describing the specific nature of the incident including, but not limited to the type of bias involved; whether the incident resulted from student and/or employee conduct; whether the incident involved physical contact and/or verbal threats, intimidation or abuse; and the location where the incident occurred. People who report discrimination or harassment shall have immunity from civil liability. No school district, or employee thereof, shall take, request or cause a retaliatory action against any such person who, acting reasonably and in good faith, either makes such a report or initiates, testifies, participates or assists in such formal or informal proceedings. Instruction in Certain SubjectsShall provide for all public school students, instruction that supports development of a school environment free of discrimination and harassment, as required by the Dignity For All Students Act, including but not limited to instruction that raises awareness and sensitivity to discrimination or harassment based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex; provided that such instruction shall be provided as part of a component on civility, citizenship and character education in accordance with section 801-a of the Education Law.Policies and Guidelines: the board of education of every school district shall create policies, procedures and guidelines that shall include, but not be limited to, Policies and procedures intended to create a school environment that is free from harassment, bullying, and discrimination which:Identify the principal, superintendent, or the principal’s or superintendent’s designee as the school employee charged with receiving reports of harassment, bullying, and discrimination.Enable students and parents to make an oral or written report of harassment, bullying or discrimination to teachers, administrators, and other school personnel that the school district deems appropriate.Require school employees who witness harassment, bullying, or discrimination, or receive an oral or written report of harassment, bullying, or discrimination, to promptly orally notify the principal, superintendent, or designee not later than one school day after such school employee witnesses or receives a report of harassment, bullying, or discrimination, and to file a written report with the principal, superintendent or designee not later than two school days after making such oral report.Require the principal, superintendent or designee to lead or supervise the thorough investigation of all reports of harassment, bullying, and discrimination and to ensure that such investigation is completed promptly after receipt of any written reports.Require the school, when an investigation reveals any such verified harassment, bullying, or discrimination, to take prompt actions reasonably calculated to end the harassment, bullying, or discrimination, eliminate any hostile environment, create a more positive school culture and climate, prevent recurrence of the behavior, and ensure the safety of the student or students against whom such harassment, bullying, or discrimination was directed. Prohibit retaliation against any individual who, in good faith, reports, or assists in the investigation of harassment, bullying or discrimination.Include a school strategy to prevent harassment, bullying and discrimination.Require the principal to make a regular report on data and trends related to harassment, bullying and discrimination to the superintendent.Require the principal, superintendent or designee, to notify promptly the appropriate local law enforcement agency when they believe that any harassment, bullying, or discrimination constitutes criminal conduct.Include appropriate references to the provisions of the school district’s code of conduct that are relevant to harassment, bullying and discrimination.Require each school, at least once during each school year, to provide all school employees, students, and parents with a written or electronic copy of the school district’s policies related to harassment, bullying, and discrimination, or a plain-language summary, including notification of the process by which students, parents and school employees may report harassment, bullying, and discrimination.Maintain current versions of the school district’s policies on the school district’s internet website, if one exists.Guidelines to be used in school training programs to discourage the development of harassment, bullying, and discrimination, and to make school employees aware of the effects of harassment, bullying, cyber-bullying and discrimination on students and that are designed: To raise the awareness and sensitivity of school employees to potential harassment, bullying and discrimination.To enable employees to prevent and respond to harassment, bullying and discrimination.Guidelines relating to the development of nondiscriminatory instructional and counseling methods, and requiring that at least one staff member at every school be thoroughly trained to handle human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender and sex. Guidelines relating to the development of measured, balanced and age appropriate responses to instances of harassment, bullying or discrimination by students, with remedies and procedures following a progressive model that make appropriate use of intervention, discipline and education, vary in method according to the nature of the behavior, the developmental age of the student and the student’s history of problem behaviors, and are consistent with the district’s code of conduct.Training that shall address the social patterns of harassment, bullying and discrimination, including but not limited to those acts based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex, the identification and mitigation of harassment, bullying and discrimination, and strategies for effectively addressing problems of exclusion, bias and aggression in educational settings.(Fully effective July 1, 2013)Commissioner’s Responsibilities:Provide direction, which may include the development of model policies and, to the extent possible, direct services to school districts.Provide grants.Promulgate regulations to assist school districts in the implementation process.Provide guidance and educational materials to school districts related to best practices in addressing cyber-bullying and helping families and communities work cooperatively with schools in addressing cyber-bullying, whether on or off school property or at or away from a school function.Prescribe regulations that school professionals applying on or after July first, two thousand thirteen for a certificate or license, including but not limited to a certificate or license valid for service as a classroom teacher, school counselor, school psychologist, school social worker, school administrator or supervisor or superintendent of schools, shall have completed training on the social patterns of harassment, bullying and discrimination.(Fully effective July 1, 2013) Reporting by the Commissioner:The commissioner shall create a procedure under which material incidents of harassment, bullying and discrimination on school grounds or at a school function are reported to the department at least on an annual basis.(Fully effective July 1, 2013)Protection of People Who Report Harassment, Bullying or Discrimination:Any person having reasonable cause to suspect that a student has been subjected to harassment, bullying or discrimination, by an employee or student, on school grounds or at a school function, who acting reasonably and in good faith, reports such information shall have immunity from civil liability. No school district or employee shall take retaliatory action against any such person.(Fully effective July 1, 2013) DRUG AND ALCOHOL TESTINGOmnibus Transportation Employee Testing Act - 49 CFR Parts 40 & 382Effective Date - January 1, 1995 (Large Employers - 50 Or More Drivers) January 1, 1996 (Small Employers - Less Than 50 Drivers)These Regulations require drug and alcohol testing, as mandated, for holders of commercial drivers licenses (CDLs) who operate commercial motor vehicles, including school PLIANCE ISSUESDistricts must have a written Drug and Alcohol Misuse Policy detailing the requirements and applicable Department of Transportation (DOT) rules, including testing procedures and potential consequences of positive tests.All employees affected must be notified of the Policy, implementation procedures, and the consequences of violating the Policy.Testing of drivers is required on a pre-employment, random, reasonable suspicion, post-accident, return-to-duty, and follow-up basis.Evidential Breath Testing used for alcohol screening and confirmation tests must be administered by a trained Breath Alcohol Technician (BAT). The BAT has to be able to demonstrate knowledge of how to operate and calibrate the testing machine.Split-sample urine testing to allow for retesting is required for marijuana, cocaine, amphetamines, opiates, and phencyclidines (PCPs). Collection of urine samples must follow DOT protocol and testing must be done at a certified drug-testing laboratory.A licensed physician Medical Review Officer (MRO) must review and interpret employees’ positive test results.Each driver who engages in conduct prohibited under the Regulation, shall be evaluated through an Employee Assistance Program (EAP) Substance Abuse Professional (SAP).Records must be kept documenting drug and alcohol testing results, the collection process, violations of drug and alcohol misuse rules, SAP evaluations, training, and other related information to drug testing. An annual calendar year summary of the results of alcohol and drug testing programs must be completed by March 15th for the preceding year.TRAINING REQUIREMENTSAnnual 1-hour EAP training of drivers on drug-free workplace issues is required.Supervisors must receive 2 hours of training to include at least 1 hour of training on alcohol misuse and 1 hour of training on controlled substance abuse.Documentation of training is required.ELECTRICALLY OPERATED PARTITIONS – SAFETY DEVICESChapter 217 of the Laws of 2001Education Law Section 409-fSection 155.25Effective Date - October 24, 2002Compliance Date - December 31, 2002COMPLIANCE ISSUESRelates to construction, maintenance and operation of Electrically Operated Partitions located in classrooms or other facilities used by students in public and non-public schools or educational institutions within the state.An Electrically Operated Partition means any partition, room divider, curtain or other similar device which is controlled by the use of an electrical motor. Every electrically operated partition must be equipped with two (2) key operated, tamper-proof, constant pressure control stations that are wired in series, remotely located at opposite ends and opposite sides of, and in view of, the partition, and which are designed and constructed so as to require simultaneous activation of both control stations to operate the partition.The electrical device controlling the operation of the partition must be capable of being reversed at any point in the extended or stacked travel cycle.Devices must be provided for all partitions that will stop the forward or backward motion of the partition and stop the stacking motion of the partition when a body or object passes between the leading panel of such partition and a wall or other termination point, or when a body or object is in the stacking area of such partition.Notice regarding the safe and proper operation and supervision of the electrical device operating such partition shall be posed in the immediate vicinity of each operating mechanism, on both sides of the separation and adjacent to the operating mechanism.A procedure must be established for the notification of all school employees and all other persons who regularly make use of the area where such device is located of the safe and proper procedure for the operation of the mechanism. Staff shall be apprised of safety procedures and trained in the safe operation of the partition. Records of the training shall be maintained.Students shall not be allowed to operate the partition. Any students present while the partition is being operated shall be under the direct supervision of trained staff and be required to stand away from and not be allowed to cross the path of the moving partition.Safety features shall not be tampered with, overridden or by-passed. All equipment must be maintained according to manufacturer’s instruction. A record of compliance with the manufacturer’s recommended service interval shall be permanently maintained. All equipment shall be installed in a fail-safe manner so that failure of any safety device shall render the electrically operated partition inoperable until such device is repaired. Commissioner’s regulations require that electrically operated folding partitions and curtains be maintained in accordance with the manufacturers’ instructions. Any competent individual, including district employees, can maintain the partitions and safety devices as long as they have the manufacturers’ maintenance information. (SED Facilities Planning Newsletter #101, December, 2009).EMERGENCY PLANNING New York State Executive Law, Article 2B;Section 155.17 of the Regulations of the Commissioner of EducationEffective Date - March 27, 2001School districts must be prepared to respond to any emergency that may occur within its boundaries. School districts were required to have an Emergency Plan developed by July 1, 2001 to insure the safety and health of children and staff and to provide integration and coordination with similar emergency planning at the municipal, county and state levels. Amended on August 10, 2011, to limit disclosure of confidential information in the District-wide School Safety Plan – see section on District-wide School Safety PLIANCE ISSUESEvery Board of Education of a school district shall adopt by July 1, 2001, and shall update by July 1 of each succeeding year, a District-Wide School Safety Plan and Building-Level School Safety Plans regarding crisis intervention and emergency response and management. Such Plans shall be developed by a District-Wide School Safety Team and a Building-Level School Safety Team. Each Plan shall be reviewed by the appropriate School Safety Team on at least an annual basis, and updated as needed.A District-Wide School Safety Plan means a comprehensive, multi-hazard School Safety Plan that covers all school buildings of the school district and addresses crisis intervention, emergency response and management at the district level. A District-Wide School Safety Team means a District-Wide Team appointed by the Board of Education and shall include, but not be limited to, representation as follows:School Board.Student.Teacher.Administrator.Parent Organizations.School Safety Personnel.Other School Personnel.The District-Wide School Safety Plan shall be developed by the District-Wide School Safety Team, and include:Identification of sites of potential emergency.A description of plans for emergency response actions including School Cancellation, Early Dismissal, Evacuation, and Sheltering.Policies and procedures for responding to implied or direct threats of violence.Policies and procedures for responding to acts of violence by students, all school personnel and visitors to schools including consideration of Zero-Tolerance policies.Prevention and Intervention Strategies, including:Collaborative arrangements with state and local law enforcement officials to ensure adequate training for school safety officers and other security personnel including de-escalation techniques.Non-violent conflict resolution training programs.Peer mediation programs and youth courts.Extended day and other school safety programs.Policies and procedures for contacting law enforcement officials.Arrangements for obtaining assistance from emergency service organizations.Procedures for obtaining advice and assistance from local government officials.Identification of district resources available for use during an emergency.Procedures to coordinate the use of school district resources and manpower and officials authorized to make decisions and other staff members available to assist during an emergency.Policies and procedures for contacting parents/guardians in the event of a violent incident or early dismissal.Policies and procedures relating to building security, including where appropriate, school safety officers, security devices and procedures.Policies and procedures for dissemination of informative materials regarding the early detection of potentially violent behaviors to:Teachers.Administrators.Parents/Guardians.Students.Other persons deemed appropriate.Policies and procedures for annual multi-hazard safety training for staff and students.Procedures for review and conduct of drills and other exercises to test components of the Plan, including the use of table-top exercises, in coordination with emergency response officials.Identification of appropriate responses to emergencies, including protocols for responding to bomb threats, hostage-takings, intrusions and kidnappings.Strategies for improving communication among students and between students and staff and reporting potentially violent incidents.A description of the duties of hall monitors and other school safety personnel, including training requirements and the hiring and screening process.A system for informing all educational agencies within a school district of a rmation about each educational agency located in a school district, including school population, number of staff, transportation needs and business and home telephone numbers of key officials – This was amended on August 10, 2011 to ensure that confidential information including home telephone numbers of local education officials and the tactical strategies for responding to critical events such as building evacuation and sheltering are not disclosed to the public.A Building-Level School Safety Plan is a Building-Specific School Emergency Response Plan. A Building-Level School Safety Team means a Building-Specific Team appointed by the Building Principal and shall include, but not be limited to, representation as follows:Teacher.Administrator.Parent.School Safety Personnel.Other School munity Members.Local Law Enforcement Officials.Local Ambulance or other Emergency Response Agencies.Any others deemed appropriate.The Building-Level School Emergency Response Plan shall be developed by the Building-Level School Safety Team, and include the following elements:Policies and procedures for the safe evacuation of students, all school staff and visitors to the school in the event of a serious violent incident or emergency which may occur before, during or after school hours, and include:Evacuation routes.Shelter sites.Medical needs.Transportation.Emergency notification of persons in a parental relation to a student.An Emergency Response Team, which means a Building-Specific Team designated by the Building-Level School Safety Team that includes appropriate School Personnel, Local Law Enforcement Officials, and representatives from local, regional and/or state Emergency Response Agencies, and assists the school community in responding to a serious violent incident or emergency.A Post-Incident Response Team, which means a Building-Specific Team designated by the Building-Level School Safety Team that includes Appropriate School Personnel, Medical Personnel, Mental Health Counselors, and others who can assist the school community in coping with the aftermath of a serious violent incident or emergency.Access for fire and law enforcement officials to floor plans, blueprints, schematics or other maps of the school interior, school grounds and road maps of the immediate surrounding area. Effective March 19, 2001, State Education Law was amended by adding Section 408-b, which required every public and non-public school to submit copies of school building plans and specifications to their respective local fire and law enforcement officials. This will facilitate quick and easy access and passage through school buildings. Simplified plans showing access and passage ways can be submitted for older schools where original plans or blueprints may not exist. Establishment of internal and external communication systems in emergencies.Definition of the Chain-of-Command consistent with the Incident Command System.Coordination of the School Emergency Response Plan with the State-Wide Plan for disaster mental health services.Procedures for an annual review and the conduct of drills and other exercises to test components of the Emergency Response Plan, including the use of tabletop exercises, in coordination with local and county emergency responders and preparedness officials.Policies and procedures for securing and restricting access to the crime scene.Schools are not required to post written evacuation procedures throughout the building. Posting emergency evacuation routes from a school building is acceptable.Each Board of Education shall make each District-Wide and Building-Level School Safety Plan available for public comment at least 30 days prior to its adoption, provided that only a summary of each Building-Level Emergency Response Plan shall be made available for public comment. Both Plans may be adopted by the School Board only after at least one public hearing. Each District-Wide Comprehensive Safety Plan shall be filed with the Commissioner no later than 30 days after adoption. A copy of each Building-Level Emergency Response Plan shall be filed with appropriate local law enforcement officials and with the State Police within 30 days of adoption. Building-Level Emergency Response Plans are confidential and not subject to disclosure under Article Six of the Public Officers Law.Each school district shall cooperate with government agencies in developing agreements for the use of school-facilities and vehicles during a disaster. School Districts are required to relinquish to the appropriate State or County Agencies the control and use of school transportation vehicles and facilities in accordance with County emergency preparedness plans or directives.SED recommends Shelter Manager Training for school district employees who may want to volunteer to serve as Shelter Managers for Red Cross Shelters in school districts. The Red Cross Liaison to the State Emergency Management Office (SEMO) can be reached at 518-485-9529 or the Local Red Cross Chapter (Nassau County) can be reached at 516-747-3500.Each District Superintendent, during a local or state emergency, shall act as the Chief Communication Liaison for all educational agencies within the supervisory district territorial limits.Each Superintendent shall notify the Commissioner as soon as possible whenever the Emergency Plan or Building-Level School Safety Plan is activated and results in the closing of a school building in the district. School districts within a supervisory district shall provide such notification through the District Superintendent, who shall be responsible for notifying the Commissioner. Such information is not required for routine snow emergency days.Each Public School Superintendent shall take action to provide written notification by October 1 of each school year to all students and staff about emergency procedures.Each school district, at least once every school year, shall conduct one test of its Emergency Plan or its Emergency Response Procedures under each of its Building-Level School Safety Plans. (in addition to sheltering and early dismissal drills at a time not to occur more than 15 minutes earlier than the normal dismissal time).The Chief Executive Officer of each educational agency located within a public school district shall provide to the Superintendent of Schools information about school population, number of staff, transportation needs, and the business and home telephone numbers of key officials of such educational agencies.The Commissioner of Education or designee may order response actions by individual school districts in the event that local officials are unable or unwilling to take appropriate action.The school district should incorporate procedures for use of Automated External Defibrillators (AEDs) into their Emergency Plan.EMERGENCY PLANNING - BOMB THREATSNew York State School Safety GuideSeptember 2007Abomb threat, even if later determined to be a hoax, is a criminal action. No bomb threat should be treated as a hoax when it is first received. The decision whether or not to evacuate is dependent upon information received in the threat, and how credible that information is. RESPONSE ACTIONSCompartmentalization (Shelter-In-Place) – Students remain in their present locations while school administration and authorities assess and investigate the threat. Variations of this concept include moving certain segments of the school population to sanitized areas based on new or developing information. In this instance, certain areas of the building, and routes to those areas, may be sanitized during the event. Pre-trained, volunteer staff members (search teams), should be utilized for this purpose. Options include:Shelter-In-Place (Generic/Non-specific Bomb Threat):Shelter-In-Place is announced by the Incident Commander. Instruct everyone to remain where they are and scan their respective area for anything out of the ordinary.Call 911.Activate School Building-Level Safety Team and instruct them to scan common areas for anything unusual.If no device is found, decide whether to continue school or evacuate. School district administration may consult with Police to make their decision.Shelter-In-Place (Specific Bomb Threat):Shelter-In-Place is announced by the Incident Commander.Call 911.Activate School Building-Level Safety Team. Instruct them to find an internal location to move the school population to. Scan and clear the location and route to it. Move those in the affected areas to the established and cleared location.Assist emergency responders as necessary.School district administration makes the decision regarding evacuation, continuation, or dismissal of school.Bomb Threats in Outside Areas:If the bomb threat indicates that the explosive device is in a car, school parking lot or somewhere else outside the building, then students and staff will remain inside the building. All individuals outside the building will be moved inside or to a safe distance from the suspected bomb area.Students will be sheltered only in areas that have been sanitized and cleared (this will be coordinated with local law enforcement officials).Depending on the nature of the bomb threat call, special consideration will be given to building occupants in rooms on outside walls and window areas. Building occupants will be moved to areas that are free of glass.Pre-clearance – This option (typically utilized during Regents examinations or during other school-wide events and coordinated with local law enforcement officials) may only be implemented prior to the receipt of an actual bomb threat. Pre-clearance of school buildings can be conducted if proper procedures are followed and security is maintained from the start of the school day and continually monitored throughout the day to ensure that no suspicious objects have been brought into the building by students, visitors, or staff. If the school district can assure compliance with recommended guidelines for this procedure, then evacuation may not be necessary. School districts should make sure that they meet all requirements before choosing this option. The New York State Education Department Guideline for Pre-clearance of a school building is as follows:Staff must be assigned to do a walk-through of the buildings and grounds prior to the arrival of students in the morning to ensure that there are no suspicious objects in or around the building.Staff completing the walk-through must report findings to the school principal.Monitors must be assigned to walk around the outside of the building during state examinations.A single point of entry to each building for students/staff must be established and monitored.School staff must monitor all exits.In the case of state examinations, students must not be admitted to the building more than 30 minutes before the start of that examination.Students may only be admitted to the building after passing through a checkpoint to ensure that they are bringing with them only pre-approved items.Student book bags and knapsacks must be inspected.It may be appropriate to send a notice home prior to the event to clearly state that book bags will not be permitted for that particular event.During state examinations, testing locations are to be clearly marked.Students must only be allowed in the areas of the building where exams are being administered.All lockers, including unassigned lockers, must have locks.A reporting procedure must be in effect for sighting any unusual object or behavior.Parking adjacent to buildings should not be allowed.Evacuation Building Specific Bomb Threat – The specific school building will be evacuated as quickly and effectively as possible after a search of exit routes and evacuation areas has been conducted (search teams will be utilized for this purpose). All building occupants will be evacuated to a safe area and accounted for (it is assumed that damage and injury from an explosion can occur within an area of at least 1000 feet from the point of detonation).All District Bomb Threat – Bomb threats that are announced as district-wide (no indication of a specific location) will result in the evacuation of all school district buildings and potentially the activation of a combination Go-Home Plan and Evacuation to non-school building evacuation sites.Other ConsiderationsWeather ConditionsIf administration has decided to evacuate due to a bomb threat, weather conditions will generally not be a consideration unless the severity of those conditions make the outside threat greater than the potential bomb threat. In such instances, a Shelter-In-Place can be utilized. The school building will be evacuated immediately regardless of the weather. Since the possibility of inclement weather does exist, consideration will be given to procedures for addressing prolonged outdoor exposure (such as sheltering in school buses or outside vehicles, local homes, or movement to another site) or sanitizing and clearing of an internal building area.Immediate Police NotificationA bomb threat is a criminal act and falls within the domain and responsibility of law enforcement officials. Local law enforcement officials will be notified immediately of any bomb threat. School personnel are not authorized to make any determinations related to bomb threats or suspicious packages without law enforcement involvement.Police Investigation – Search ActivitiesLaw enforcement agencies are responsible for all investigations of criminal activities. Depending on resources and circumstances, police agencies will determine the number of officers sent to look for a suspect device, remove the suspect device, and conduct follow-up investigative activities.School Staff Search InvolvementPolice officials may request volunteer assistance from school staff due to their familiarity with the building and their ability to recognize what may be out-of-place or unusual to the building. This does not include touching or handling suspect objects. School staff members are not required to be involved in emergency operations if it is not part of their duties.School staff should routinely report to building administration any suspicious or unusual objects seen in the school building or on school grounds.Returning to a BuildingAfter consulting with law enforcement officials, the School Building Principal (Incident Commander), Superintendent of Schools, and Director of Facilities will make an informed decision about re-entry into the building (this is different from the legal authority of officials who declare a building safe for re-occupancy after a fire alarm). Based on information received from police, one of the following actions will be taken:Re-enter the building and resume classes.Relocate the building occupants to another facility.Re-enter the building within a set time.Have an early dismissal. Notification RequirementsSchool Superintendents must notify the BOCES District Superintendent as soon as possible whenever the School Building Emergency Response Plan is activated and results in the closure of a school building. The BOCES District Superintendent is to notify the State Education Department of all school building closures not related to routine snow emergencies.Schools receiving bomb threats are required to document each incident on the Violent and Disruptive Incident Report (VADIR) Form. On the form, item 2 (category of incident, #14, bomb threat) should be used for this purpose. The total number of such incidents for each school building will be documented on the Summary of Violent and Disruptive Incidents Form (July 1–June 30) and be reported annually to SED electronically through the On-Line BEDS IMF Application.School officials must inform parents/guardians as soon as possible of an incident resulting in the activation of the school emergency management plan.Criminal BehaviorThe school district will periodically disseminate information to students and staff informing them that reporting a false bomb threat is a crime that may result in imprisonment and/or civil penalties.Telephoned Bomb ThreatObtain as much information as possible (refer to the FBI Bomb Threat Call Checklist). If a written bomb threat is received, handling should be kept to a minimum to avoid damage to the evidence.False Reporting PreventionThe school district will consider the following strategies to discourage false reporting of an incident designed to threaten life and property:Installing a Caller ID System on school telephone lines.Arranging with the telephone company for trap/trace of telephoned bomb threats.Installing video cameras in places where public telephones are located.Instructing students and staff to immediately report the presence of strangers in the building and unusual or suspicious objects.Establishing a policy where all lost time due to disruptive hoaxes will be made up.Insuring testing integrity by developing contingency plans for bomb scares during times of academic examinations.Training all school personnel who would generally be the first receiver of a telephoned bomb threat.TRAINING REQUIREMENTSEmergency drills should be conducted with the purpose of instructing and training pupils on sudden emergency evacuation.Persons most likely to respond to a threatening telephone call or assisting in the search (search team members) should receive training from local law enforcement officials or the Federal Bomb Threat Response Guide available at . The New York State/FBI Bomb Threat Instruction Card should be placed at telephones most likely to receive such calls.EMPLOYEE RIGHT-TO-KNOWNYS RTK - Labor Law Chapter 551, Articles 48 & 28 Effective Date - June 26, 198012 NYCRR Part 820 - Effective Date - June 1, 1987OSHA Hazard Communication Standard - 29 CFR 1910.1200 Effective Date - June 24, 1988 (Revision by June 1, 2016)The Right-To-Know Laws guarantee employees the right-to-know about the hazards that they may be exposed to in the workplace and how to protect themselves from those hazards. By making information and training for safe chemical use available to employees, illnesses and injuries will be reduced. New changes to the HAZCOM Standard will be phased in between December 1, 2013 and June 1, 2016, bringing the United States into alignment with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS), to further improve safety and health protections for workers. It is felt that this new system will not only give workers the “Right-To-Know” but also the “Right-To-Understand.” Enforced by New York State Department of Labor (PESH Unit) (516-228-3970).COMPLIANCE ISSUESNotify all employees of their right-to-know. Display the New York State right-to-know poster (informing employees of their right to information regarding toxic substances in their workplace) and distribute required New York State leaflets or comparable information.Designate a person to respond to right-to-know written requests for information and provide a Safety Data Sheet (SDS). Previously, this information was to be provided within 72 hours under New York State law and 24 hours under Federal law. Under the revised legislation the information must be “readily available.”Employee Rights - Employees may:Refuse to work with a specific substance if requested information is not received. However, they may not refuse to work.File a complaint with the New York State Department of Labor or Attorney General’s Office if discriminated against.Not be required to waive rights.Training for employees routinely exposed to toxic substances.Written Hazard Communication Program including an inventory (listing) of hazardous substances in the workplace.Proper labeling of containers required.SDS’s must be maintained and accessible.Employee exposure records must be maintained for 40 years and include the name and address of every employee exposed to Subpart Z chemicals. Effective August 26, 2004, employers are required to identify which substance or substances was or were handled or used by which employee. Previously, employers were advised to assemble an annual file that contained a complete personnel roster and duplicate copies of SDS’s for all products in use. This did not distinguish particular chemicals and substances each employee worked with. Therefore, employers must alter this system so that the records show which particular chemicals or substances each individual employee is working with.Major changes to the HAZCOM Standard include:Hazard Classification: Chemical manufacturers and importers required to determine the hazards of the chemicals they produce or import. Hazard classification under the new, updated standard provides specific criteria to address health and physical hazards as well as classification of chemical mixtures.Labels: Chemical manufacturers and importers must provide a label that includes a signal word, pictogram, hazard statement, and precautionary statement for each hazard class and category. Safety Data Sheets: The new format requires 16 specific sections of information about the product including – Identification; Hazards; Composition; First-Aid Measures; Fire-Fighting Measures; Accidental Release Measures; Handling and Storage; Exposure Controls; Physical and Chemical Properties; Stability and Reactivity; Toxicology; Ecology; Disposal; Transport; Regulatory Issues; and other information or updates. Information and Training: To facilitate understanding of the new system, the new standard requires that workers be trained by December 1, 2013 on the new label elements and safety data sheet format, in addition to the current training requirements.HCS/GHS LABELING COMPONENTSCHEMICAL CATEGORIES Health Hazard/CarcinogenFlammable/CombustibleIrritant/SensitizerGas Under PressureCorrosiveReactiveOxidizerAquatic ToxicityAcute ToxicityTRAINING REQUIREMENTSAll employees must be informed of their rights.Routinely exposed employees must be trained prior to initial assignment, when new chemicals are introduced or when new information becomes available, and annually thereafter (annual training requirement specific to New York State).Training must include information on the provisions of the laws, explanation of SDSs, methods of detection, physical and health hazards, and protection measures related to hazardous substances.Workers must be trained by December 1, 2013 on the new label elements and safety data sheet format.EPINEPHRINE AUTO-INJECTORSPublic Health Law 3000cEducation Law Article 19 Section 921 Effective Date - February 27, 2015Chapter 424 of the Laws of 2014 added a new section 921 to the Education Law, effective February 27, 2015, to permit school districts, BOCES, county vocational and extension boards, charter schools, and non-public elementary and secondary schools or any person employed by such entity, to administer epinephrine auto-injectors in the event of an emergency pursuant to the requirements of Public Health Law 3000-c. This new law and its implementing regulations (8 NYCRR section 136.6) allows schools to choose to provide and maintain epinephrine auto-injectors on site, and to permit trained school employees to administer an epinephrine auto-injector without a provider order to any student or staff member with symptoms of anaphylaxis regardless of whether the individual has a previous history of severe allergic reaction. Schools choosing to do so must first comply with the requirements of Public Health Law 3000-c, which requires the school to have a collaborative agreement with an emergency health care provider, and also requires that employees who will administer an epinephrine auto-injector first take a New York State Department of Health approved course. It is important to note that these requirements must be completed prior to administering an epinephrine auto-injector pursuant to this law.Guidance for Implementation:Section 921 of Article 19 of Education Law permits both public and non-public schools to choose to provide and maintain epinephrine auto-injectors on site, and to permit trained school employees to administer an epinephrine auto-injector without a provider order to any student or staff member with symptoms of anaphylaxis regardless of whether or not there is a previous history of severe allergic reaction. Schools choosing to do so must meet the requirements of Public Health Law 3000c. This law requires the school to have a collaborative agreement and employees who will administer an epinephrine auto-injector must have taken a New York State Department of Health (DOH) approved course. Both must be completed prior to administering an epinephrine auto-injector pursuant to this law.A collaborative agreement must be with an “emergency health care provider” which means: ? a physician with knowledge and experience in the delivery of emergency care; or ? a hospital licensed under article twenty-eight of Public Health Law that provides emergency care.A collaborative agreement is a written agreement that incorporates written practice protocols, policies and procedures that shall ensure compliance with the provisions of section 3000c of Public Health Law. The agreement should also specify the quantities of epinephrine auto-injectors that will be available in the school pursuant to 8NYCRR 136.6. The school must file the following form , regarding their intent to have a collaborative agreement for use of epinephrine auto-injectors, along with the completed and signed collaborative agreement pursuant to Public Health Law 3000c with the appropriate Regional Emergency Medical Services (EMS) Council. The Council will forward it to the Department of Health. See the following Regional EMS Council contact information: . The school must submit an updated form along with the collaborative agreement whenever there is a change in the agreement or the emergency health care provider.A district medical director who is a physician, or a nurse practitioner affiliated with a hospital that provides emergency care, qualifies to have a collaborative agreement for epinephrine auto-injectors with their district. They can provide the training course or designate the school nurse or other designee to provide the training.The practice protocols, policies, and procedures in the agreement should include the following: ? the curriculum used to train authorized individuals; the curriculum must be approved by the Department of Health; ? designation of who will conduct the training of the authorized individuals. This is determined by the emergency health care provider; ? designation of staff to be trained to use, acquire and dispose of the auto-injector. This will include maintaining a record of those trained with training dates, training refresher dates, and curriculum followed; ? give written notice of intent (as described previously this must be on the DOH Notice of Intent form) to the Regional EMS Council that auto–injectors will be available on site (verbal and written notice to the local ambulance service is also suggested); ? a plan for trained personnel to retake the approved training at least annually; ? a protocol for use of the auto-injector for both pediatric and adult persons; ? a plan of action when an auto-injector is used, including calling for emergency transport per district policy, reporting to the collaborative provider, reporting to the Regional EMS Council if possible, and disposal of the auto-injector in accordance with OSHA regulation 29 CFR 1910.1030; and ? a procedure for obtaining, storing, and accounting for the drug. It is the responsibility of the collaborative provider to obtain the auto-injectors to be used in the school. In order for an employee, including licensed health professionals, of the school to administer an epinephrine auto-injector without a provider order they must complete a Department of Health approved course. Any administration of an epinephrine auto-injector under the collaborative agreement must be immediately reported to the collaborative provider (e.g. the physician or hospital the school’s collaborative agreement is with). Additionally, DOH encourages filing a report of the administration within 48 hours to their Regional EMS Council. To improve health outcomes, schools are strongly encouraged to request that the medical director write non-patient specific orders for the school nurse (RN) to follow in order to administer epinephrine to anyone with signs of anaphylaxis while working at the school Such orders also permit the RN to obtain the epinephrine from a pharmacy. It is recommended that the administration of the epinephrine by the RN under these orders be reported to the ordering provider. However, epinephrine administered under non-patient specific orders by an RN is not required to be reported to the Regional EMS Council.FALL PROTECTIONOSHA Construction Standard - 29 CFR Part 1926, Subpart M, .500-.503Effective Date - February 6, 1995Falls continue to be a leading cause of injuries and fatalities on construction sites every year. A fall is a sudden, unanticipated descent in space to a lower surface, driven by gravity. The Fall Protection Standard sets forth the requirements for fall protection systems and procedures to prevent employees from falling off, onto or through working levels and to protect employees from falling objects. Fall protection systems can either be designed to restrain a worker, preventing him from falling; or arrest a worker, safely stopping a fall. Enforced by New York State Department of Labor (PESH Unit) (516-228-3970).COMPLIANCE ISSUESDetermine that surfaces have the strength and structural integrity to work on safely.Identify and evaluate worksites for fall hazards.Fall protection is required where employees are working six feet or more above a lower level: with an unprotected side or edge; at the construction of the leading edge; at hoist areas; at holes; on the face of formwork and reinforcing steel; on ramps, walkways, and other runways; at excavations; on dangerous equipment; when overhand bricklaying and doing related work; during roofing work on low-slope roofs and steep roofs; when doing pre-cast concrete erection.Fall protection is not required for inspections, investigations, assessments before a construction job begins or after the entire job has been completed.Hard hats must be worn and other measures taken where an employee is exposed to falling objects.Select fall protection systems and methods appropriate for given situations: guardrail systems; safety net systems; personal fall arrest systems; positioning device systems; warning line systems; controlled access zones; safety monitoring systems; covers; and protection from falling objects.If none of these protection systems is feasible, employers must develop and implement an alternative written Fall Protection Plan.Effective January 1, 1998, the use of body belts for fall arrest are prohibited, body harness systems must be used instead. The use of nonlocking snaphooks on personal fall arrest systems are prohibited as of January 1, 1998.Train workers in the proper selection, use, and maintenance of fall protection systems.TRAINING REQUIREMENTSTraining is required for every employee that might be exposed to fall hazards.Employees must be trained to recognize the hazards of falling and the procedures to be followed in order to minimize these hazards.Training must be conducted by a competent person qualified in the following areas: the nature of the fall hazards in the work area; the correct procedures for erecting, maintaining, disassembling, and inspecting the fall protection systems used; the use and operation of guardrail systems, personal fall arrest systems, safety net systems, warning line systems, safety monitoring systems, controlled access zones, and other protection to be used; the role of each employee in the safety monitoring system and when this system is used, and their role in fall protection plans; the limitations on the use of mechanical equipment during work on low-sloped roofs; the correct procedures for the handling and storing of equipment, and the erection of overhead protection; and the standards contained in Subpart M.Written certification record including the employee name, date of training, and the signature of either the person who conducted the training or the employer.Retraining is required if any changes occur in the workplace, or if the employee has not retained the information necessary to properly use fall protection equipment. Fertilizer Law - Nassau CountyNassau County Fertilizer LawNassau County Local Law 11-209Title 72 Effective Date - August 16, 2009The use of fertilizer during the cold weather months results in nitrogen run-off and leaching which leads to contaminated drinking water, storm water, and ground water as well as the pollution of waterways, wetlands and estuaries. It is the purpose of this law to reduce the amount of nitrogen released into the environment by prohibiting the application of fertilizer to any real property in Nassau County between November 15th and April 1st every PLIANCE ISSUES“Fertilizer” shall mean any organic or inorganic material of natural or synthetic origin which is added to the soil and or soil mixtures or solutions to supplement nutrients and is claimed to contain one or more essential plant nutrients. The term “fertilizer” shall not include un-manipulated animal manure, un-manipulated vegetable manure, compost, mulch, compost tea, and agricultural liming materials used to reduce soil acidity. “Person” shall mean any individual, business, firm, partnership, limited liability partnership, corporation, company, limited liability company, society, association, or any organized group of persons whether incorporated or not.“Turf” shall mean any area of earth principally vegetated by grass, but shall not include areas used for the purpose of producing an agricultural commodity as defined by the Environmental Conservation Law Section 33-0101.Penalties: Any person who violates this law shall be subject to a civil penalty of not greater than $250 for the first offense, not greater than $500 for the second offense, and not greater than $1,000 for every offense thereafter.FIRE SAFETYHealth and Safety in Existing Education Facilities - 8 NYCRR Section 155.3Fire and Building Safety Inspections - 8 NYCRR Section 155.4Education Law, Fire Inspections - Section 807-aNew York State Uniform Fire Prevention and Building Code - 9 NYCRR 600-1250School district facilities are required to comply with fire safety requirements in order to insure health, safety, and accident protection for all school building occupants. School boards must arrange for an annual inspection of each facility they own, lease, or operate (includes school buildings, administration buildings, bus and maintenance garages, storage buildings, sheds, etc.) and file fire safety reports of the results with the State Education Department (SED). SED issues annual Certificates of Occupancy for each school facility in full compliance with fire codes. The SED Fire Safety Coordinator can be contacted at 518-474-PLIANCE ISSUESHealth and safety requirements for all public school and BOCES facilities, school grounds, and activities held there, are contained in 8 NYCRR Section 155.3 and the New York State Uniform Fire Prevention and Building Code.SED is responsible for enforcing fire safety standards in public school districts and BOCES.Annual fire inspections are required for public school districts and BOCES facilities.SED sets the fire inspection calendar and divides the State into 11 numbered fire inspection zones. Nassau County school districts are in Zone 9 and must all be inspected within the same 45-day period. Each year, the inspection period for each zone is advanced by one month to assure that the facilities in that zone are evaluated at different times in succeeding years. Annual inspections may not begin before the authorized commencement date.Boards of Education are responsible for arranging and paying for annual fire inspections by certified Code Enforcement Officers (CEO). The CEO must not be a regular employee of the school district being inspected.Fire safety reports of the inspection results must be received by SED by the ending date of the inspection period.After fire inspection reports are mailed to SED, school officials must publish a public notice, which informs the community that school facilities have been inspected.Certificates of Occupancy will be issued by SED for all facilities that are in full conformance with all applicable standards. A Certificate of Occupancy is valid for 12 months from the due date of the annual fire inspection.Re-inspections of school buildings are required if identified violations, if uncorrected, would cause SED to deny an annual Certificate of Occupancy to such school building, and shall require re-inspections until it is demonstrated to the satisfaction of the Commissioner that said violations have been corrected. Re-inspections will be required for all buildings where, after the inspection, SED would not be able to issue any Certificate of Occupancy based on the number or severity of violations noted by the inspector before any corrections have been made by the school district. Schools will be notified by SED if a re-inspection is required. Certificates of Occupancy must be displayed in a prominent place near the main entrance of a facility. A facility without a valid Certificate of Occupancy may not be occupied.Temporary Certificates of Occupancy may be issued to allow a school district time to correct a fire code nonconformance.Certificates of Occupancy may be revoked if serious fire violations are discovered.SED will investigate valid fire safety complaints made about a public school facility. The costs of any resulting inspections will be paid for by the school district.Annual fire inspections may be conducted in conjunction with the required annual structural safety inspection.Section 808 of the State Education Law was revised, effective September 1, 2005, to require that every school in New York State must provide instruction in injury prevention and life safety education in grades K-12. The law originally included only instruction in arson and fire prevention. Instruction may be provided as a special subject, or integrated within content areas of the curriculum.FIRE SAFETY - FIRE DRILLSNew York State Education Law, Section 807It is the duty of the school building principal or other person in charge to instruct and train the pupils by means of drills so that they may, in a sudden emergency, be able to leave the school building in the shortest possible time and without confusion or panic. The SED Fire Safety Coordinator can be contacted at 518-474-4738. COMPLIANCE ISSUESDrills or rapid dismissals should be held at least 12 times each school year, 8 of which required drills should be held between September 1st and December 1st of each such school year.Where fire escapes on buildings are provided, at least one-third of all required drills should be conducted through the use of such fire escapes.In the course of at least one drill, pupils should be instructed in the procedures to be followed in the event that a fire occurs during a lunch period.Four additional drills are required to be held each school year during the hours after sunset and before sunrise in buildings where students are provided with sleeping accommodations.At least two additional drills should be held during summer school in buildings where summer school is conducted, and one of such drills should be held during the first week of summer school.For after-school programs conducted within a school building, and which include persons who do not regularly attend classes in the building, the principal or other person in charge of the building shall require the teacher or other person in charge of the after-school program, to notify persons in attendance at the beginning of each such program of the procedures to be followed in the event of an emergency.A copy of the New York State Education Law, Section 807 (Fire Drills) should be printed in the manual or handbook prepared for the guidance of teachers. GREEN CLEANINGNew York State Education & New York State Finance LawEducation Law 409-I and Finance Law 163-bEffective Date - September 1, 2006The State Education and State Finance laws were amended in relation to the procurement and use of environmentally-sensitive cleaning and maintenance products in New York State elementary and secondary schools (both public and non-public). The intent of the law is to reduce exposures of children and school district staff to potentially harmful chemicals and substances used in the cleaning and maintenance of PLIANCE ISSUESElementary or secondary school means a facility used for instruction of elementary or secondary students. Facility means any school building or facility used for instructional purposes, and the surrounding grounds or other sites used for playgrounds, athletics or other instructional purposes.Environmentally-sensitive cleaning and maintenance products mean those cleaning and maintenance products that minimize adverse impact on children’s health and the environment.The Commissioner of General Services, in conjunction with the Commissioners of Education, Environmental Conservation, Health and Labor, shall establish, and from time to time, amend guidelines and specifications for environmentally-sensitive cleaning and maintenance products. Such guidelines shall be followed by elementary and secondary schools to identify and procure environmentally-sensitive cleaning and maintenance products which are available in the form, function, and utility generally used by elementary and secondary schools in their facilitiesThe Commissioner of General Services shall disseminate to all elementary and secondary schools such guidelines and specifications, and also prepare and disseminate a sample list of environmentally-sensitive cleaning and maintenance products that meet the guidelines or specifications. Elementary and secondary schools shall notify their personnel of the availability of such guidelines, specifications and sample list.How school districts should use the guidelines and list of approved cleaning products to purchase green cleaning products:Schools should use up existing cleaning products inventory.Select a specific product category and review the list of approved products.Review your purchasing procedures and the State Education Department Handbook.Work with your custodial staff to try and test one or more new green products contained on the new product list. Get feedback from staff and determine if this new product meets your cleaning needs.Obtain pricing information from the vendor.Use the cost calculator for green cleaning products located on the OGS website.Require the selected vendor to provide training to staff before the product is used.Follow these procedures until green cleaning products are selected to replace existing products in all of the cleaning categories.Maintain records of purchases, and what products were replaced. This information will be necessary for reporting requirements mandated by the legislation. Nothing in the law precludes an elementary or secondary school from depleting existing cleaning and maintenance supplies purchased prior to the effective date of the regulation.The Commissioner of General Services shall maintain a list of contractors which produce or manufacture, or offer for sale, environmentally-sensitive cleaning and maintenance products in the form, function and utility generally used by elementary and secondary schools.If green products are not capable of satisfying a district’s particular need, they may still purchase and use products that are not considered green.Other laws or regulations may supersede the use of environmentally sensitive products.The Office of General Services has developed websites to address both purchasing and legislation questions as follows: ogs.state.ny.us/purchase/GreenPurchasing.asp and ogs.state.ny.us/bldgAdmin/environmental/default. HAZARDOUS WASTEResource Conservation and Recovery Act (RCRA) - Effective Date - 1976EPA SARA Title III - Effective Date - 1986SED Education Law Chapter 627NYS Department of Environmental Conversation - 6 NYCRR Parts 370-374Effective Date - February 19, 1987Requirements for the proper disposal of hazardous waste are based on how much hazardous waste is generated and stored monthly. Hazardous waste must be tracked from its point of generation to its final destination. The Environmental Protection Agency (EPA) assumes primary responsibility for the Resource Conservation and Recovery Act (RCRA). The New York State Department of Environmental Conservation (DEC) (518-457-6934) has received formal authorization to implement the program. DEC is responsible for: regulating specific categories of hazardous waste; registering hazardous waste generators; licensing transporters; and permitting treatment, storage, and disposal (TSD) facilities. EPA established the following criteria for its four characteristic hazardous wastes: corrosivity; ignitability; reactivity; and toxicity. Groups involved with hazardous waste management fall into one or more of the three categories: (1) generators of hazardous waste; (2) transporters of hazardous waste; and (3) TSD facilities. All generators, transporters, and TSD facilities are required to have an EPA identification number. DEC imposes regulatory fees on generators of hazardous waste in New York which include a $1,000 fee for those generators from 15-100 tons annually. The Uniform Hazardous Waste Manifest assures uniform record keeping and must be used for all shipments of hazardous PLIANCE ISSUESThe generator must document how much waste it generates each month (1 barrel = 200 kilograms = 55 gallons):Conditionally Exempt Generators generate and store less than 100 kilograms of hazardous waste per month and less than 1 kilogram per month of acutely hazardous waste. May be exempt from RCRA requirements if wastes are properly managed.Small Quantity Generators (SQGs) generate and store between 100 and 1,000 kilograms of hazardous waste per month. SQGs generate and store less than 1 kilogram of acutely hazardous waste per month.Large Quantity Generators (LQGs) generate or store more than 1,000 kilograms of hazardous waste per month and they generate or store more than 1 kilogram of acutely hazardous waste per month. Must comply with all RCRA requirements.SQGs may store hazardous waste on-site for up to 180 days or for up to 270 days, if it is being shipped to a facility that is over 200 miles away.Stored hazardous waste containers must be marked “Hazardous Waste” with the date collection began. Containers must be stored properly. Extra precautions must be taken for hazardous wastes stored in tanks.SQGs and LQGs must designate an Emergency Coordinator to be on call at all times and to coordinate emergency response measures.The name and telephone number of the Emergency Coordinator, the telephone number of the Fire Department, as well as the location of fire extinguishers, spill-control equipment, and the fire alarm, must be posted next to the telephone.In the event of an emergency threatening public health, the generator must immediately notify the National Response Center (800-424-8802) and the DEC Pollution Control Unit (518-457-7362).SQGs and LQGs must obtain an EPA identification number.SQGs and LQGs must have a Manifest with hazardous waste shipments so that waste can be tracked from its point of generation to its final destination. The generator, the transporter, and the designated facility operator must each sign the Manifest and keep a copy. The designated facility operator must send a copy back to the generator so that the generator can be sure the shipment arrived. Records must be kept for 3 years. SQGs must submit Generator Annual Reports to the DEC. (SQG Hotline: 800-462-6553).The Universal Waste Rule, which became effective May 11, 1995, is an attempt by the EPA to streamline hazardous waste management requirements for certain widely-generated hazardous wastes, encourage recycling and reduce the solid waste stream. On January 6, 2000, hazardous waste lamps were added to the Federal list of universal wastes, thus allowing generators to eliminate this source from their hazardous waste stream.TRAINING REQUIREMENTSEmployees must be trained to perform their duties in ways that ensure worker safety, emergency response, and facility compliance with hazardous waste rules. Workers must receive initial training and annual refreshers.Health & Safety in Existing Educational FacilitiesRegulations of the Commissioner of Education8 NYCRR 155.7Amended - November 30, 2000Facilities in school districts, other than city school districts in cities having 125,000 inhabitants or more, shall meet the following requirements and, in particular instances, such other requirements as may be deemed necessary by the commissioner to insure the health and safety and accident protection of occupants.Section 155.7 Health and safety in existing educational facilities(a) Exits. (1) There shall be at least two means of egress remote from each other, leading from each floor occupied by pupils, including basements.(i) When pupils enter into a corridor, there shall be a choice of two unobstructed means of egress in different directions.(ii) Handrails shall be provided on at least one side of stairways, and on both sides of stairways 88 inches or more in width.(iii) There shall be no storage under any stairs or landings unless the enclosure is of approved fire-resistant construction.(iv) Provision of fire escapes of approved design may be required where other exits are determined to be inadequate for fire safety.(2) Dead-end corridor pockets shall not exceed a maximum depth of 11/2times the width of the pocket or 11/2 times the width of the corridor, whichever is less, unless otherwise approved by the commissioner.(3) Corridors and exitways shall be kept clear and free of obstructions at all times.(4) Fixed and portable security gates shall not be located or used where they will obstruct exits or create dead-end conditions for occupied spaces.(5) Every space of pupil occupancy over 500 square feet in area shall have two separate means of egress from such space. A space of pupil occupancy is any room or self-contained space housing pupils on a regular basis, other than a place of assembly or small rooms where no more than 10 pupils are under direct, responsible, adult supervision. Each means of egress shall be in a separate smoke zone, unless immediately adjacent to an approved exit. The primary exit is commonly the opening to the corridor. The second means of egress may be a door opening into a separate smoke zone, or a door directly to the exterior, or a window of such size and design that will facilitate egress, or a door providing egress through adjacent spaces where specifically approved.(i) Any point in a space of pupil occupancy shall not exceed a maximum of 50 feet straight-line distance to an exit, unless otherwise approved by the commissioner. Any additional exit necessary to satisfy this requirement shall be remote and may be required to be directly to the exterior.(ii) When spaces of pupil occupancy are defined in an open area by wardrobes, cabinetry and other furniture which does not present obstructions to egress and which allows students to circulate freely from one space to another, the total open space is considered, for exiting purposes, as a single space. Exits from such open-planned space shall meet requirements determined by the commissioner.(6) Required emergency egress windows shall be of a size and design, including hardware and, in appropriate instances, steps or ladder to high sills, that will permit and facilitate emergency egress. Such windows shall be free of obstructing screens or storm sash.(i) The minimum clear opening area for such windows shall be six square feet, with a minimum dimension of 24 inches, unless otherwise approved by the commissioner.(ii) At least one such window in each space of pupil occupancy shall be marked with an appropriate sign identifying it as an emergency egress window.(7) Places of assembly. A place of assembly is any area used for the assembly of 100 or more persons, and spaces over 1800 square feet in area used for the assembling of persons. A place of assembly shall have at least two exits remote from each other.(i) Maximum occupancy for places of assembly shall be based on the number and size of existing approved exits on the basis of 50 persons for each one-half exit unit of 11 inches. Where existing exits are inadequate for the occupancy capacity of a place of assembly, or when directed by the commissioner, signs restricting the number of occupants shall be conspicuously posted at each exit location. Signs shall read in red letters on white background:"MAXIMUM OCCUPANCY --3" high, 3/4" strokeNOT TO EXCEED --2" high, 1/2" strokeXXX PERSONS" --3" high, 3/4" stroke(8) Courtyards with completely enclosed perimeters are areas of possible pupil occupancy and must be provided with exits as a space of pupil occupancy and as follows, unless otherwise approved by the commissioner:(i) Enclosed courts up to a 700-square foot area shall have at least one exit equipped with hardware of a type which will always permit the door to be opened from the court side without the use of a key.(ii) Enclosed courts of more than a 700-square foot area shall have at least two exits, remote from each other, equipped with hardware of a type which will always permit the door to be opened from the court side without the use of a key.(9) Hardware. (i) All door hardware from spaces of pupil occupancy shall be of a type that will always permit the door to be opened from within the space without the use of a key.(ii) All exterior and interior doors in exitways, and exit doors from places of assembly shall have panic hardware, except that panic hardware is not required for push/pull interior exit doors if these doors have nonlatching hardware. Panic hardware shall not be required for exterior corridor doors serving less than three classrooms or for doors serving only service areas such as boiler room, kitchen or storerooms.(iii) Exit doors shall not be locked or chained or otherwise rendered inoperable from the inside at any time.(b) Smoke and fire control. As used in this subdivision, the terms Class "A", "B" or "C" refer to types of construction which are defined by subdivision 11 of section 11 of the Local Finance Law.(1) In Class "B" and Class "C" buildings of two stories or more, unless otherwise approved, stairs shall be enclosed at each floor level and every floor shall be separated from levels above and below by stair enclosures and/or smoke barriers constructed to obstruct effectively the passage of smoke and fumes, or every space of pupil occupancy shall be provided with direct exit to the exterior. In appropriate instances, alternate means of egress may be required and stairway enclosures in Class "A" construction may be required.(2) Class "B" and Class "C" buildings shall not have places of assembly above the first floor, except in a Class "B" building a written exception may be granted where it is determined by the commissioner that adequate exits exist.(3) In appropriate instances, doors, walls and ceilings of places of assembly and exitways (corridors, stairs, vestibules, etc.) may be required to be finished with fire retardant materials or coatings.(4) Stairway enclosures required by paragraph (1) of this subdivision and smoke barriers required by paragraph (5) of subdivision (a) of this section shall be constructed of noncombustible materials of such design and detail to obstruct effectively the passage of smoke and fumes.(i) Doors in stair enclosures and smoke barriers shall be metal, metal covered, approved treated wood construction, or solid bonded core wood doors not less than 13/4 inches thick.(ii)Glazing in doors, sidelights and frames shall be one-quarter inch wire glass.(iii) Such doors shall swing in the direction of egress, with no latching or locking devices unless operated by panic hardware. Double-acting hinged doors are not permitted and corridor pockets opposing swing of doors shall conform to the provisions of paragraph (2) of subdivision (a) of this section.(iv) Such doors shall be self-closing and maintained in a normally closed position unless approved automatic release devices are provided, whereby upon interruption of an electrical circuit, the door is released and becomes self-closing. The electrical circuit shall be positively interrupted by operation of an approved smoke detection system and/or activation of the building fire alarm system. Fusible links shall not be used to hold open such doors.(5) Wood floors shall not be treated or finished with oil. Floors so finished previously shall be cleaned and refinished with a penetrating seal.(6) Fire extinguishers shall be located so that no point in a corridor, lobby or stair is more than 120 feet from an extinguisher. Fire extinguishers shall also be placed readily accessible to auditorium stages, shops, cafeterias and kitchens, boiler rooms, science labs and accessible from other places which are possible sources of fire. Fire extinguishers shall bear the Underwriter's label and be of a type most suitable for the kind of fire most likely to occur in a given area.(7) Fire-resistive (hourly rated) floors, interior walls and doors, and ceilings shall be provided at the following spaces unless otherwise approved by the commissioner. Those spaces having a roof over the entire space may have roof construction and ceilings of nonrated fire- resistive materials.(i)Two-hour fire-rated construction with 11/2 hour fire-rated, self-closing fire doors are required at:(a) boiler, heater or furnace rooms;(b) refrigeration, electrical and equipment rooms;(c) incinerator rooms;(d) storerooms for fuel, flammable liquids and gas powered equipment; and(e) transformer vaults.(ii) Required fire doors shall be maintained in a normally closed position and not held open by fusible links.(iii) Combustible attic space shall not be used for storage.(c) Accident protection. (1) Glazing of panels and doors shall be with safety glazing materials as follows, unless glazed areas are protected by approved grilles or rails:(i) interior exit doors, exterior exit doors and immediately adjacent sidelights, except where glazing is 48 inches or more above the floor;(ii)all glazed panels where glazing is within 18 inches of the floor, or platform level of music-room type risers;(iii)gymnasiums and playrooms and elsewhere where subject to physical abuse;(iv)acceptable safety glazing materials shall be at least one-quarter inch thick wire glass, one-quarter inch tempered (heat treated) glass, one-quarter inch laminated safety glass, or approved plastic materials.(2) Glazed doors and sidelights within six feet of such doors shall be marked by appropriate means in accord with the provisions of Part 47 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York, except marking on door and/or sidelight is not required:(i)where less than 80 percent of the area of the door or sidelight above a reference line 18 inches above the floor is glazed;(ii)where width of sidelight is not more than 20 inches, with 1 3/4 inch minimum opaque stiles;(iii)where floor treatment a distance of three feet out from a sidelight will deter approach;(iv)where sidelights are supported on 18-inch minimum height opaque sill and wall construction;(v)where sidelights are protected by approved 18-inch minimum height permanent barriers such as benches, planters or guardrails, extending across at least two thirds of the sidelight.(3) Window cleaning. Safety provisions shall be made for persons engaged in window cleaning. Windows shall be cleaned from approved safe surfaces, windowsills or ledges, boatswain's chairs or scaffolds, all as defined in Part 21 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York.(i) A safe surface is a place where the cleaner is working not over six feet off the floor or grade and not over three feet above a stair run. Ladders may be used generally when the top of the window is not over 35 feet above grade or floor. Windowsills and ledges may be used when the window openings are provided with approved anchors for use with safety belts. Approved boatswain's chairs and scaffolds also may be used.(d) Mechanical. Mechanical equipment, heat-producing and cooling equipment, auxiliary apparatus and controls, and installation and use of same, shall be such as will insure safe operation in accord with applicable recognized standards, as determined by the commissioner, and be consistent with efficient energy consumption.(1) Gas and oil fuel-burning equipment having a capacity of over 400,000 BTU per hour shall be provided with electronic flame safeguard controls which, upon flame failure, shall normally respond in two to four seconds to cut off fuel supply through the burner and main fuel valve.(2) All primary controls for fuel-burning equipment shall operate on a 120- volt, single- phase grounded circuit. Such controls generally include the hold-in coil of the motor starter, the solenoid coil for the pilot valve, the solenoid coil for the main fuel valve or the actuator for the motorized fuel valve, the ignition transformer and the modulator transformer.(3) Direct-fired fuel-burning heating units shall not be used in any space of pupil occupancy.(4) Unused duct work shall be sealed off at each floor level with fire-resistive materials.(5) Ventilation with fresh air shall be available in all occupied spaces.(e) Water and sanitation. (1) An adequate supply of safe, potable water for drinking shall be dispensed from approved sanitary drinking fountains.(2) Toilet rooms for boys and girls, with flush toilets and wash sinks which are connected to an adequate water supply under pressure, and connected to an approved individual or public sewage disposal system, shall be provided.(3) No source of water supply, nor sewage disposal system, shall be used which has not been approved by the appropriate agency of the State Department of Health or Department of Environmental Conservation.(f) Gas. (1) Gas entering a school building shall be low-pressure gas.(2) Gas transmission and distribution piping shall meet the requirements of the Public Service Commission.(g) Electrical. Electrical equipment and auxiliary apparatus and controls, and installation and use of same, shall be such as will insure safe operation in accord with applicable recognized standards, as determined by the commissioner, and be consistent with efficient energy consumption.(1) Suitable and sufficient artificial light shall be provided for the visual tasks being performed.(2) Exit lights. School buildings shall be provided with exit lights to identify building exits, stairs, corridors, and exits from places of assembly, and to designate the path of travel to the exterior, except school buildings having six or less classroom areas may have exit signs in place of exit lights.(i)The word "EXIT" shall be in letters not less than 4 1/2 inches high and strokes not less than 3/4 inches wide.(ii)Exit lights shall be circuited and wired to minimize the possibility of interruption.(3) Emergency lighting. Automatic emergency lighting systems shall be provided for places of assembly exceeding an area of 1800 square feet, and for all exitways leading from such areas. Such areas include all-purpose rooms, auditoriums, cafeterias, group-instruction rooms, playrooms and gymnasiums, swimming pools and other combination places of assembly.(4) Fire alarm. (i)School buildings of seven or more classroom areas shall be equipped with a manually operated electric fire-alarm system, which may include automatic smoke and/or fire detection, which will continue to sound the alarm until the tripped station has been restored to normal operation or, in an existing system, has completed a cycle of not less than 30 seconds.(ii) School buildings of one to six classroom areas shall be equipped with either a manual, hand or electric, fire alarm which is capable of being sounded for such a period of time as will insure evacuation of the building, or an electric fire-alarm system as described in subparagraph (i) of this paragraph.(iii)School buildings within fire districts having an electrically operated, street-located general municipal fire-alarm box system shall have, wherever practical, the school building fire-alarm system interconnected to the municipal system, so that sounding of the school building fire-alarm system automatically gives the alarm to the fire department affording protection to the school building. Wherever practical, a fire-alarm box compatible with the municipal system, which will sound the alarm of the school building system, shall be accessibly located on the site or on the school building.(5) Telephone. A telephone which can be used in the case of emergency shall be provided in all buildings having pupil occupancy.(h) Additions and alterations. In the case of additions to or alterations of an existing facility, the requirements of this section must be continuously maintained during the construction period, or provisions made to provide equivalent safety to the school-district-occupied portions of the facility.(i) Facilities shall be operated and maintained to provide effectively for the accident protection and life safety of occupants, to reduce exposure to property loss by fire, and to assure efficient use of natural resources.(j) When, based on these regulations, it is the judgment of the commissioner that the general conditions of a school building, or any part thereof, indicate that it would be detrimental to the health and safety of occupants, the commissioner may designate an area or areas of the building as unusable for pupil occupancy or may limit the number of occupants thereof.HEARING CONSERVATIONOSHA Standard - 29 CFR 1910.95 & 1926.52Occupational Noise ExposureOccupational Safety & Health AdministrationNoise, or unwanted sound, is one of the most pervasive occupational health problems. Exposure to high levels of noise causes hearing loss and may cause other harmful health effects. The extent of damage depends primarily on the intensity of the noise and the duration of the exposure. Noise-induced hearing loss can be temporary (short-term exposure) or permanent (prolonged exposure). A Hearing Conservation Program is designed to protect workers with significant occupational noise exposures from hearing impairment even if they are subject to such noise exposures over their entire work life. Enforcement is conducted by the New York State Department of Labor (PESH Unit) (516-228-3970)COMPLIANCE ISSUESTable G-16 – Permissible Noise ExposuresDuration Per Day – HoursSound Level (dBA)89069249539721001.51021105.5110.25 or less115When employees are subjected to sound levels exceeding those listed in Table G-16, feasible administrative or engineering controls shall be utilized. If such controls fail to reduce sound levels within the levels of Table G-16, personal protective equipment shall be provided and used to reduce sound levels within the levels of the table.Hearing Conservation Program – The employer shall administer a continuing, effective hearing conservation program whenever employee noise exposures equal or exceed an 8-hour time-weighted average sound level (TWA) of 85 decibels (action level). For the purposes of the Hearing Conservation Program, employee noise exposures shall be computed without regard to any attenuation provided by the use of personal protective equipment.Monitoring – When information indicates that any employee’s exposure may equal or exceed an 8-hour time-weighted average of 85 decibels, the employer shall develop and implement a monitoring program. The sampling strategy shall be designed to identify employees in the Hearing Conservation Program and to enable the proper selection of hearing protectors. Where circumstances such as high worker mobility, significant variations in sound level, or a significant component of impulse noise make area monitoring generally inappropriate, the employer shall use representative personal sampling to comply with the monitoring requirements. All continuous, intermittent and impulsive sound levels from 80-130 decibels shall be integrated into the noise measurements. Measurement instruments shall be calibrated to ensure accuracy. Monitoring shall be repeated whenever a change in production, process, equipment or controls increases noise exposure to the extent that: (1) additional employees may be exposed at or above the action level; and (2) the attenuation provided by hearing protectors are inadequateEmployee Notification – The employer shall notify each employee exposed at or above an 8-hour time-weighted average of 85 decibels of the results of monitoring. The employer shall provide affected employees or their representatives with an opportunity to observe any noise measurements.Audiometric Testing Program – The employer shall establish and maintain an audiometric testing program by making audiometric testing available to all employees whose exposures equal or exceed a TWA of 85 decibels. The program shall be provided at no cost to the employees. Audiometric tests shall be performed by a licensed or certified audiologist, otolaryngologist, or other physician (who are responsible for supervising the program), or by a technician (who is responsible to those previously noted) certified by the Council of Accreditation in Occupational Hearing Conservation. The employee needs a referral for further testing when test results are questionable or when problems of a medical nature are suspected.Baseline Audiogram – Within 6 months of an employee’s first exposure at or above the action level, the employer shall establish a valid baseline audiogram against which subsequent audiograms can be compared. Annual Audiogram – At least annually, after obtaining the baseline audiogram, the employer shall obtain a new audiogram for each employee exposed at or above the TWA of 85 decibels. The annual audiogram shall be compared to the employee’s baseline audiogram to determine if the audiogram is valid and if a standard threshold shift has occurred. If such a threshold shift has occurred, the employee shall be informed of this fact in writing, within 21 days of the determination. The employer shall then ensure the following: (1) Employees not using hearing protectors shall be fitted with hearing protectors, trained in their use and care, and required to use them; and (2) Employees already using hearing protectors shall be refitted and retrained and provided with hearing protectors providing greater attenuation.Standard Threshold Shift – The change in hearing threshold relative to the baseline audiogram of an average of 10 dB or more at 2000, 3000, and 4000 Hz in either ear.Hearing Protectors – Employers shall make hearing protectors available (and replace as necessary) to all employees exposed to an 8-hour TWA of 85 decibels or greater at no cost to the employees. Employers shall ensure that hearing protectors are worn by: (1) Employees who are required to wear personal protective equipment; (2) Any employee who is exposed to an 8-hour TWA of 85 decibels or greater; (3) Employees who have not yet had a baseline audiogram; (4) Employees who have experienced a standard threshold shift; and (5) Employees exposed over the permissible exposure limit (PEL) of 90 decibels over an 8-hour TWA. Employees shall be given the opportunity to select their hearing protectors from a variety of suitable hearing protectors provided by the employer. The employer shall provide training in the use and care of hearing protectors and ensure proper initial fitting. Most employers use the Noise Reduction Rating (NRR) that represents the protector’s ability to reduce noise under ideal laboratory conditions. The employer then adjusts the NRR to reflect noise reduction in the actual working environment.Hearing Protection Attenuation – The employer shall evaluate hearing protection attenuation for the specific noise environments in which the protector will be used. Hearing protectors must attenuate employee exposure at least to an 8-hour TWA of 90 decibels. For employees who have experienced a standard threshold shift, hearing protectors must attenuate employee exposure to an 8-hour TWA of 85 decibels or below.Training Program – The employer shall institute a training program for all employees who are exposed to noise at above an 8-hour TWA of 85 decibels. The training program shall be repeated annually for each employee included in the Hearing Conservation Program. The employer shall inform employees of the following: (1) The effects of noise on hearing; (2) The purpose of hearing protectors, the advantages, disadvantages, and attenuation of various types, and instruction on selection, fitting, use, and care; and (3) The purpose of audiometric testing, and an explanation of the test procedures. The employer shall make available to affected employees or their representatives copies of the standard, which should also be posted in the workplace.Recordkeeping – The employer shall maintain an accurate record of all employee exposure measurements and audiometric test records. These records shall include: (1) Employee name and job classification; (2) Date of audiogram; (3) Examiner’s name; (4) Date of the last acoustic calibration of the audiometer; and (5) Employee’s most recent noise exposure assessment. The employer shall maintain records of the measurements of the background sound pressure levels in audiometric test rooms. Noise exposure measurement records shall be retained for 2 years. Audiometric test records shall be retained for the duration of the affected employee’s employment. LEAD IN PAINTHousing and Community Development Act - 24 CFR Part 38Effective Date - 1987Toxic Substances Control Act (TSCA) - 40 CFR Parts 745, 763 - Revised 8/29/96Occupational Safety and Health Act (OSHA) - 29 CFR 1910.1001; 1915.1001; 1926.1101Effective Date - 1978Clean Air Act - 40 CFR 61.140-157New York Air Pollution Control Law - NYCRR Parts 220-250, 482New York Lead Poisoning Prevention Act - 10 NYCRR Part 67The hazards of lead have been recognized as toxic to human health and the environment for many years. However, it was not until the early 1970s that the United States enacted lead-based paint laws. The Lead-Based Paint Poisoning Prevention Act of 1971 called for various Federal agencies to ban lead usage: Health and Human Services (HHS) - cooking, drinking, and eating utensils; Housing and Urban Development (HUD) - residential structures constructed or rehabilitated by the Federal Government; Consumer Product Safety Commission (CPSC) - toys, furniture, and paint with more than 0.06% lead. Although lead has been banned for use in paints and the concern for worker protection has increased, lead still persists in the environment due to its previous widespread use. Both the Environmental Protection Agency (EPA) (Region II - 908-321-6671) and HUD (202-260-1866) have been given extensive responsibility to prevent harmful lead exposure. HUD has developed extensive technical guidelines on testing, abatement, worker protection, cleanup and disposal of lead-based paint. In 1992, Congress added Title IV to TSCA (Lead-Based Paint Exposure Reduction Act) to reduce ongoing childhood lead exposure. EPA has not finalized many of these requirements but generally follows the same recommendations as HUD. The Occupational Safety and Health Administration (OSHA) provides protection to workers under the General Industry Standard and the Construction Industry Standard. In New York State, childhood lead poisoning is regulated by the NYS Department of Health (518-473-4602). The National Safety Council runs the National Lead Information Center Clearinghouse (1-800-424-LEAD). COMPLIANCE ISSUESLead-based paint defined as paint or other surface coating containing lead ≥ 1.0 milligrams per centimeter squared or 0.5% by weight.OSHA permissible exposure limit (PEL) = 50 micrograms of lead per cubic meter (50 g/m3). The Construction Industry Standard has an action level of 30 g/m3.Numerous worker protection requirements in OSHA Standards.The New York Lead Poisoning Prevention Act establishes a program requiring the screening of blood lead levels in children and pregnant women (enforcement is through the NYS Department of Health). Any clinic or hospital must report to the Department of Health elevated blood lead levels which are:10 micrograms per deciliter (10 g/dl) in children under six years of age.25 g/dl in workers exposed to lead on the job.All State licensed nursery schools, kindergartens and child-care facilities must require proof of a blood lead screening for each child under the age of six enrolled at the school or facility. Parents must provide proof of a screening within six months after enrolling a child.“Child occupied facilities” are included in the revised TSCA Standard (Sections 402, 404) which defines such facilities as rooms in which children six years of age or under spend time (not the entire school).Important dates include:8/31/98 – Training programs that want to offer lead-training courses may first apply to EPA for certification.3/1/99 – All training programs that provide lead training must be accredited, and individuals or firms that perform lead-based paint activities may first apply to EPA for certification.8/30/99 – No individual or firm can perform lead-based paint activities without EPA certification. All lead-based activities as defined in the rule must be performed according to applicable work practice standards.The EPA Regulation focuses on abatement activities and is defined as those projects designed by the building owner and contractor to permanently eliminate lead-based paint hazards.Renovation and remodeling activities are not covered by the rule. Special regulations for these activities have been developed (see page 42).TRAINING REQUIREMENTSEPA Regulations for lead-based paint professionals include a training and certification system which addresses:Accreditation of training providers.Training curricula.Hands-on training.Trainee competency and proficiency.Training program quality control.Separate training programs are to be provided for the following job titles:Inspector.Risk Assessor.Supervisor.Abatement Worker.Project Designer.LEAD (RENOVATOR)Lead; Renovation, Repair, and Painting Program40 CFR Part 745Effective Date - April 2010Lead safety for renovation, repair, and painting (The RRP Rule) addresses activities that disturb lead-based paint in target housing and child-occupied facilities. It requires certification of renovators through training; certification of firms conducting work; accreditation of training providers; lead-safe work practices during renovations; and pre-renovation education in target housing and child-occupied facilities. The EPA is the enforcement agent. COMPLIANCE ISSUESA Child-occupied facility is a pre-1978 building that meets the following criteria:Visited regularly by the same child, under 6 years of age.The visits are on at least two different days within any week (Sunday through Saturday period), provided that each day’s visit lasts at least 3 hours.The combined weekly visits last at least 6 hours, and the combined annual visits last at least 60 hours. Child-occupied facilities may include, but are not limited to, day care centers, preschools and kindergarten classrooms. Exclusions: minor repair and maintenance activities:Activities that disrupt 6 square feet or less of painted surface per room for interior activities or 20 square feet or less of painted surface for exterior activities where none of the work practices prohibited or restricted by § 745.85(a)(3) are used and where the work does not involve window replacement or demolition of painted surface areas.Firm Certification:Renovations must be performed by certified firms using certified renovators and other trained workers.Firms must submit an application and fee ($300 – good for 5 years) to the EPA in order to become certified.Firm Responsibilities:Overall compliance with the RRP Rule.Ensure all renovation personnel are Certified Renovators or have been trained on-the-job by Certified Renovators.Assign a Certified Renovator to all jobs.Meet pre-renovation education requirements.Meet recordkeeping requirements – pre-renovation education documentation; documentation of lead based paint; training and certification records; and cleaning verification records.Individual Certification:Individuals must complete an EPA-approved 8-hour training course from an EPA-accredited training provider in order to become a Certified Renovator. EPA approved 4-hour Refresher training is required every 5 years. The course completion certificate serves to certify renovators – no individual application or fee to the EPA is required. The course completion certificate or copy must be available on-site during work.Certified Renovator Responsibilities:Perform work and direct the work of non-certified renovation workers.Provide on-the-job training to non-certified workers.Maintain copies of initial/refresher training certifications onsite.Use EPA recognized test kits to recognize lead-based paints.Be physically present while posting signs, containing work areas, and cleaning work areas.When not on site, be available by telephone.Maintain the containment to keep dust and debris within the work area.Implement the cleaning verification procedure.Prepare and maintain required records.Work Practice Standards:Setup practicesProhibited practicesCleanup practices and verificationRecordkeepingEnforcement:The EPA may suspend, revoke, or modify a firm’s certification if the Certified Firm or Certified Renovator is found to be in non-compliance.Fines for non-compliance may be up to $32,500 per violation.Willful violations may result in imprisonment.LOCKOUT-TAGOUTOSHA Standard - 29 CFR 1910.147The Control of Hazardous EnergyEffective Date - October 31, 1989The Control of Hazardous Energy helps safeguard employees from situations where injury could be caused by unexpected startup, energization, or release of stored energy while a machine is being serviced or maintained. The Standard requires that employers have an Energy Control Program that identifies the practices and procedures necessary to shut down and lock out or tag out machines and equipment, that the employees receive training in their role in the lockout-tagout program, and mandates that periodic inspections be conducted to maintain or enhance the energy control program. Enforced by New York State Department of Labor (PESH Unit) (516-228-3970).COMPLIANCE ISSUESIdentify all powered machinery, all sources of energy, all energy isolation devices, and employees who use or service powered equipment.Identify authorized employees, employees who implement a lockout-tagout procedure; affected employees, employees who operate the machinery or work in the area where the lockout-tagout is performed; and other employees, employees who may be required to go into the area where a lockout-tagout is performed.Implement energy control procedures for the control of hazardous energy including preparation for shutdown, and notification of all affected employees, equipment isolation, lockout-tagout application, release of stored energy, verification of isolation, and procedures for the release of lockout-tagout (re-energization).Conduct periodic inspections and certification of energy control procedures, at least annually.Training of employees in the specific energy control procedures with training reminders as part of the periodic inspections of the control procedures.Additional requirements for outside contractors, for multiple lockout when a crew is servicing equipment, for shift changes, and others.Exclusions include normal production operations covered under OSHA’s Machine Guarding Standard, work on unplugged cord and plug-connected equipment, when the employee has complete control over the plug; hot tap operations, where continuity of service is essential.TRAINING REQUIREMENTSInitial training and retraining as necessary for authorized, affected, and other employees.Certification of training for all covered employees, containing the employees’ names and dates of training.MEDICAL WASTE - REGULATEDNYS Department of Environmental Conservation - 6 NYCRR Part 364Effective Date - December 7, 1988Under the New York Environmental Conservation Law, the Department of Environmental Conservation’s (DEC’s) Division of Solid and Hazardous Materials (518-457-6934) (Medical Waste 518-485-8394) regulates and requires the proper onsite and offsite handling, treatment, and disposal of medical wastes from all generators other than hospitals, clinical laboratories, and residential health care facilities. Any medical waste generated in school districts is covered under this PLIANCE ISSUESMedical waste generators must properly segregate, handle, store, and arrange for the transportation and disposal of medical waste.Medical wastes must be segregated into three classes: sharps, fluids, and other regulated medical wastes. If regulated wastes are mixed in with other waste, then it is all considered regulated medical waste. Sharps must be stored in leak-proof, rigid, puncture-resistant red containers; all other medical wastes must be stored in strong, moisture-impervious red bags.All containers must be labeled “REGULATED MEDICAL WASTE”.Prior to disposal, medical waste must be stored so as to prevent decay. Access to storage areas must be limited to authorized personnel.If a generator does not destroy waste on-site, it must arrange for transportation of waste to a treatment and disposal facility using a DEC-permitted transporter (red bag hauler). Small Quantity Generators (generate and dispose of less than 50 pounds of regulated medical waste per month) may ship their own waste, provided they first register with the DEC.Large Quantity Generators (generate and dispose of more than 50 pounds of regulated medical waste per month) must hire a “medical waste hauler” who holds a current New York State DEC permit to transport regulated medical wastes to a licensed treatment/disposal facility.Medical waste bound for off-site transport must be labeled on the outside with the name and address of the generator, the name, address, and permit number of the transporter, the date of shipment, and identification of the contents as regulated medical waste. Inner containers must be labeled with the generator’s name and address.A NYS Medical Waste Tracking Form must be used to ensure that the regulated medical waste is transported, treated, and disposed of in compliance with DEC regulations.Tracking forms must be signed by the generator, transporters, and the destination facility operator, and must be retained by the generator for at least three years.TRAINING REQUIREMENTSTraining of medical care providers and custodial and maintenance staff in the proper handling and disposal of medical waste is required by the Occupational Safety and Health Administration (OSHA). See OSHA Standard 29 CFR 1910.1030 - Occupational Exposure to Bloodborne Pathogens.MOLD INSPECTION, ASSESSMENT AND REMEDIATIONLicensing of Mold Inspection, Assessment and Remediation Specialists and Minimum Work Standards for the Conduct of Licensed PersonsNYS Labor Law, Article 32, Title 1, Sections 930-940, Title 2, Sections 945-948Effective Date - January 1, 2016The Labor Law is amended in relation to requiring the licensure of mold assessment and remediation specialists and setting minimum work standards for mold assessment and remediation specialists. DefinitionsMold: Means indoor mold growth capable of creating toxins that can cause pulmonary, respiratory, neurological, or other major illnesses after minimal exposure, as such exposure is defined by the Environmental Protection Agency, Centers for Disease Control and Prevention, National Institute of Health or other federal, state, or local agency organized to study and/or protect human health.Mold Remediation: Means conducting the business of removal, cleaning, sanitizing, or surface disinfection of mold, mold containment, and waste hauling of mold and materials used to remove mold from surfaces by a business enterprise, including but not limited to, sole proprietorships. Mold remediation shall not include remediation of the underlying sources of moisture that may be the cause of mold that requires expertise not specific to this legislation.Mold Assessment: Means an inspection or assessment of real property that is designed to discover indoor mold growth, toxic mold growth, conditions that facilitate indoor mold growth and/or indicia of conditions that are likely to facilitate indoor mold growth. Mold Abatement: Means the act of removal, cleaning, sanitizing, or surface disinfection of mold, mold containment, and waste handling of mold and materials used to remove mold from surfaces by an missioner: Means the Commissioner of the Department of Labor. Licensing RequirementsIt shall be unlawful for any contractor to engage in mold assessment, or to advertise or hold themselves out as a mold assessment contractor unless such contractor has a valid mold assessment license issued by the commissioner.It shall be unlawful for any contractor to engage in mold remediation, or to advertise or hold themselves out as a mold remediation contractor unless such contractor has a valid mold remediation license issued by the commissioner.It shall be unlawful for any individual to engage in mold abatement or to advertise or hold themselves out as a mold abatement worker unless such individual has a valid mold abater’s license issued by the commissioner.A copy of a valid mold assessment or mold remediation license must be conspicuously displayed at the work site on a mold project.Nothing in this article shall prohibit any design professional licensed pursuant to title eight of the education law from performing mold inspection, assessment, remediation and/or abatement tasks or functions if the person is acting within the scope of his or her practice, or require the design professional to obtain a license under this article for such mold inspection, assessment remediation and/or abatement tasks or functions.License Procedure – Minimum Qualifications for LicensingApplications for licenses and renewal licenses shall be submitted to the department in writing on forms furnished by the commissioner and shall contain the information set forth in this section as well as any additional information that the commissioner may require. An applicant for a license to perform mold assessment shall meet the following minimum requirements:(a) be eighteen years of age or older; (b) have satisfactorily completed department approved course work, including training on the appropriate use and care of personal protection equipment as approved by the commissioner of the department of health; and (c) paid the appropriate fees.An applicant for a license to perform mold remediation shall meet the following minimum requirements: (a) be eighteen years of age or older; (b) have satisfactorily completed department approved course work, including training on the appropriate use and care of personal protection equipment as approved by the commissioner of the department of health; (c) paid the appropriate fees; and (d) submitted insurance certificates evidencing workers' compensation coverage, if required, and liability insurance of at least fifty thousand dollars. An applicant for a license to perform mold remediation shall furnish the department with a financial statement, prepared by an independent auditor or accountant and signed by the applicant and auditor before a notary public, stating the assets of the applicant, to be used by the department to determine the financial responsibility of the applicant to perform mold remediation services. An applicant for a license to perform mold abatement shall meet the following minimum requirements: (a) be eighteen years of age or older; (b) have satisfactorily completed department approved course work, including 2training on the appropriate use and care of personal protection equipment as approved by the commissioner of the department of health; and (c) paid the appropriate fees.The department shall charge and collect the following fees which shall accompany each application: (a) a fee for an initial application for a license, not to exceed one hundred dollars; and (b) a fee for renewal of a license, not to exceed one hundred dollars.ExemptionsThe following persons shall not be required to obtain a license as provided in this title in order to perform mold assessment or remediation: 1. a residential property owner who performs mold inspection, assessment or remediation on his or her own property; 2. a non-residential property owner, or the employee of such owner, who performs mold assessment or remediation on an apartment building owned by that person that has not more than four dwelling units; and 3. an owner or a managing agent or a full-time employee of an owner who performs mold assessment or remediation on commercial property owned by the owner provided, however, that this subdivision shall not apply if the managing agent or employee engages in the business of performing mold assessment or remediation for the public.License Issuance and Renewal1. Licenses issued pursuant to the provisions of this title shall be valid for a period of two years from the date of issuance and may be renewed in accordance with the conditions set forth in this article and established by the commissioner. 2. Within thirty days of the receipt of the application and fee for any license issued under this section, the commissioner shall either issue the license or deny the license setting forth the reason for such denial in writing. 3. Licenses shall be in a form prescribed by the department. 4. The renewal of all licenses granted under the provisions of this article shall be conditioned upon the submission of a certificate of completion of a department-approved course designed to ensure the continuing education of licensees on new and existing mold assessment and mold remediation standards.Practice by License Holder1. A mold assessment license holder who intends to perform mold assessment on a mold remediation project shall prepare a work analysis for the project. The mold assessment license holder shall provide the analysis to the client before the mold remediation begins and such plan must include the analysis as defined in section nine hundred forty-five of the standard. 2. A mold remediation license holder who intends to perform mold remediation shall prepare a work plan providing instructions for the remediation efforts to be performed for the mold remediation project. The mold remediation license holder shall provide the work plan to the client before the mold remediation begins. The mold remediation license holder shall maintain a copy of the work plan at the job site where the remediation is being performed.Licensee Duties – Prohibited Activities1. A mold assessment licensee who performs mold assessment services shall provide a written report to each person for whom such licensee performs mold assessment services for compensation. 2. No licensee shall perform both mold assessment and mold remediation on the same property. 3. No person shall own an interest in both the entity which performs mold assessment services and the entity which performs mold remediation services on the same property.Minimum Work Standards for the Conduct of Mold Assessments by Licensed Persons (Section 945)1. A mold assessment licensee shall prepare a mold remediation plan that is specific to each remediation project and provide the plan to the client before the remediation begins. The mold remediation plan must specify: (a) the rooms or areas where the work will be performed; (b) the estimated quantities of materials to be cleaned or removed; (c) the methods to be used for each type of remediation in each type of area; (d) the personal protection equipment (PPE) to be supplied by licensed remediators for use by licensed abaters; (e) the proposed clearance procedures and criteria for each type of remediation in each type of area; (f) when the project is a building that is currently occupied, how to properly notify such occupants of such projects taking into consideration proper health concerns; the plan must also provide recommendations for notice and posting requirements that are appropriate for the project size, duration and points of entry; (g) an estimate of cost and an estimated time frame for completion; and (h) when possible, the underlying sources of moisture that may be causing the mold and a recommendation as to the type of contractor who would remedy the source of such moisture. 2. The containment specified in the remediation plan must prevent the spread of mold to areas of the building outside the containment under normal conditions of use. 3. A mold assessment licensee who indicates in a remediation plan that a disinfectant, biocide, or antimicrobial coating will be used on a mold remediation project shall indicate a specific product or brand only if it is registered by the United States Environmental Protection Agency for the intended use and if the use is consistent with the manufacturer's labeling instructions. A decision by a mold assessment licensee to use such products must take into account the potential for occupant sensitivities.Minimum Work Standards for the Conduct of Mold Remediation by Licensed Persons (Section 946)1. A mold remediation licensee shall prepare a mold remediation work plan that is specific to each project, fulfills all the requirements of the mold remediation plan developed by the mold assessment licensee as provided to the client and provides specific instructions and/or standard operating procedures for how a mold remediation project will be performed. The mold remediation licensee shall provide the mold remediation work plan to the client before site preparation work begins. 2. If a mold assessment licensee specifies in the mold remediation plan that personal protection equipment (PPE) is required for the project, the mold remediation licensee shall provide the specified PPE to all employees who engage in remediation activities and who will, or are anticipated to, disturb or remove mold contamination. The containment, when constructed as described in the remediation work plan and under normal conditions of use, must prevent the spread of mold to areas outside the containment. 3. Signs advising that a mold remediation project is in progress shall be displayed at all accessible entrances to remediation areas. 4. No person shall remove or dismantle any containment structures or materials from a project site prior to receipt by the mold remediation licensee overseeing the project of a notice from a mold assessment licensee that the project has achieved clearance as described in section nine hundred forty-seven of the law. 5. Disinfectants, biocides and antimicrobial coatings may be used only if their use is specified in a mold remediation plan, if they are registered by the United States Environmental Protection Agency for the intended use and if the use is consistent with the manufacturer's labeling instructions. If a plan specifies the use of such a product but does not specify the brand or type of product, a mold remediation licensee may select the brand or type of product to be used. A decision by a mold assessment or remediation licensee to use such a product must take into account the potential for occupant sensitivities and possible adverse reactions to chemicals that have the potential to be off-gassed from surfaces coated with the product. Post Remediation and Clearance (Section 947)1. For a remediated project to achieve clearance, a mold assessment licensee shall conduct a post-remediation assessment. The post-remediation assessment shall determine whether: (a) the work area is free from all visible mold; and (b) all work has been completed in compliance with the remediation plan and remediation work plan and meets clearance criteria specified in the plan. 2. Post-remediation assessment shall, to the extent feasible, determine that the underlying cause of the mold has been remediated so that it is reasonably certain that the mold will not return from that remediated area. If it has been determined that the underlying cause of the mold has not been remediated, the mold assessment licensee shall make a recommendation to the client as to the type of contractor who could remedy the source of the mold or the moisture causing the mold. 3. A mold assessment licensee who determines that remediation has been successful shall issue a written passed clearance report to the client at the conclusion of each mold remediation project. 4. If the mold assessment licensee determines that remediation has not been successful, the licensee shall issue a written final status report to the client and to the remediation licensee and recommend to the client that either a new assessment be conducted, that the remediation plan as originally developed be completed, or the underlying causes of mold be addressed, as appropriate.OCCUPATIONAL ILLNESS & INJURY REPORTINGNYS Labor Law Article 2, Section 27-a, Subdivision 9Recording and Reporting Public Employees’ Occupational Illnesses and Injuries12 NYCRR Part 801Effective Date - March 10, 1986; Revised January 1, 2002The purpose of this Regulation is to provide for recordkeeping and reporting by public employers, so that information may be developed regarding the causes and prevention of occupational injuries and illnesses, and so that public reports of work-related deaths, injuries, and illnesses can be made periodically. Enforced by New York State Department of Labor (PESH Unit) (516-228-3970).COMPLIANCE ISSUESDetermination of Work Relatedness The event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness.Determination of New CasesThe employee has not previously experienced a recorded illness or injury of the same type that affects the same part of the body, orThe employee previously experienced a recorded injury or illness of the same type that affected the same part of the body but has recovered completely from the previous injury or illness, and an event or exposure in the work environment caused the signs or symptoms to reappear.General Recording CriteriaIllness or injury that results in:Death.Days away from work.Restricted work or transfer to another job.Medical treatment beyond First-Aid.Loss of consciousness, orA significant injury or illness diagnosed by a physician or other licensed healthcare professional even if the above-noted conditions have not been met.Specific Recording CriteriaNeedlesticks and Sharps Injuries – Work-related needlestick injuries and cuts from sharp objects contaminated with another person’s blood or potentially infectious material. The case must be recorded on the SH 900 Log as an injury. To protect the employee’s privacy, no employee name will be entered on the SH 900 Log.Cases Involving Medical Removal Under PESH Standards – If an employee is medically removed under the medical surveillance requirements of a PESH Standard, the employer must record the case on the SH 900 Log.Cases Involving Occupational Hearing Loss – If an employee’s hearing test (Audiogram) reveals that a standard threshold shift (STS) has occurred, the employer must record the case on the SH 900 Log by checking the Hearing Loss column.Work-Related Tuberculosis Cases – If any of the employer’s employees have been occupationally exposed to anyone with a known case of active tuberculosis, and that employee subsequently develops a tuberculosis infection, as evidenced by a positive skin test or diagnosis by a physician, the employer must record the case on the SH 900 Log by checking the Respiratory Condition column.Cases Involving Work-Related Musculoskeletal Disorders – If any of the employer’s employees experience a recordable work-related musculoskeletal disorder (MSD), the employer must record it on the SH 900 Log by checking the Musculoskeletal Disorder column, effective January 1, 2003.FormsSH 900 – Log of work-related injuries and illnesses.SH 900.1 – Summary of work-related injuries and illnesses.SH 900.2 – Injury and illness incident report.Multiple EstablishmentsThe employer must keep a separate SH 900 Log for each establishment expected to be in operation one year or longer.Covered EmployeesAll employees on the employer’s payroll, including hourly, part-time, or seasonal. This also includes employees not on the employer’s payroll who are supervised by the employer on a day-to-day basis.Annual SummaryAt the end of the calendar year, the employer must:Review the SH 900 Log to verify it is complete and accurate.Create an Annual Summary of injuries and illnesses recorded on the SH 900 Log.Certify the Summary.Post the Annual Summary.RetentionThe employer must save the SH 900 Log, SH900.1 Annual Summary and SH 900.2 Incident Report Forms for 5 years following the end of the calendar year that these records cover.Employee InvolvementThe employer must inform each employee on how to report an injury or illness to the employer.The employer must provide limited access to its illness and injury records for its employees and their representatives.Reporting Fatalities and Multiple Hospitalization Incidents to PESHAn employee death in the workplace, regardless of the cause, must be reported within 8 hours after the death.In-patient hospitalization of 2 or more employees, as a result of a work-related incident, must be reported within 8 hours after hospitalization.The employer must orally report the fatality/multiple hospitalization by telephone or in person to the nearest office of the New York State Department of Labor, Division of Safety and Health (DOSH) (516-485-4408).Providing Records to Government RepresentativesUpon request from the New York State Department of Labor, employers must provide copies of their records, required under Part 801, within 4 business hours, regardless of where the records are maintained.Annual DOSH Injury and Illness SurveyIf the employer receives the New York State Department of Labor, Division of Safety and Health (DOSH) Annual Survey Form, the employer must report the following information and return it to DOSH:The number of workers employed.The number of hours worked by employees.The requested information from the records that the employer keeps under Part 801.Requests from the Bureau of Labor Statistics (BLS)If the employer receives a survey from BLS, the employer must complete the form and return it promptly.Summary and PostingBeginning in 2003, the Annual Summary is to be posted for 3 months from February through April.Posters for Public EmployeesEach employer shall post in each establishment a poster providing information related to job safety and health protection afforded to public employees by Provisions of the Labor Law, Section 27-a. These posters may be obtained from the New York State Department of Labor, Division of Safety and Health (DOSH) (516-485-4408). A poster for each establishment shall be posted in a conspicuous place or places where notices to employees of that establishment are usually posted.DefinitionsEstablishment – A single physical location where services, operations or other activities are performed. For activities where employees do not work at a single physical location, the establishment is represented by the main branch offices from which individuals are supervised or carry out activities. An establishment may include more than one physical location provided:The employer operates the location as a single operation under common management.The locations are all in close proximity to each other.The employer keeps one set of records for the location.Injury or Illness – An abnormal condition or disorder. Injuries include, but are not limited to, a cut, fracture, and sprain. Illnesses can be acute or chronic and include, but are not limited to, a skin disease, respiratory disorder, and poisoning.Work Environment – The establishment and other locations where one or more employees are working or are present as a condition of their employment.OPIOID OVERDOSE PREVENTION IN SCHOOLSEducation Law Section 922Part V of Chapter 57 of the Laws of 2015, Education Law Sections 6527 & 6909Public Health Law Section 3309Effective Date - August 11, 2015To combat the continuing rise in opioid-related deaths in New York State (NYS), laws were recently enacted allowing schools to provide and maintain opioid antagonists (naloxone) on-site in each instructional school facility to ensure ready and appropriate access for use during emergencies to any student or staff suspected of having opioid overdose whether or not there is a previous history of opioid abuse. As part of a coordinated State effort, the New York State Education Department (NYSED), the New York State Department of Health (NYSDOH), and the Harm Reduction Coalition have been collaborating on statewide communications, guidance and training for schools electing to participate as opioid antagonist recipients as defined by Public Health Law §3309.BackgroundEducation Law §922 and Commissioner’s Regulation §136.7 permits NYS school districts, boards of cooperative educational services (BOCES), county vocational education and extension boards, charter schools, and non-public elementary and secondary schools to provide and maintain opioid antagonists on site in each instructional facility to ensure emergency access for any student or school personnel having opioid overdose symptoms, whether or not they have a previous known history of opioid abuse. Schools choosing to participate in the program as an opioid antagonist recipient may permit volunteer employees to be trained by a program approved under Public Health Law §3309 to administer an opioid antagonist in the event of an emergency. Therefore, such entities may deliver, and maintain on-site, opioid antagonists in adequate supplies and types deemed by the Commissioner of the New York State Education Department, in consultation with the Commissioner of the New York State Department of Health.Additionally, Part V of Chapter 57, included amendments to §6527 and 6909 of the Education Law to authorize registered professional nurses (RNs) to administer opioid-related overdose treatment pursuant to a non-patient specific order and protocol prescribed by a licensed physician or a certified nurse practitioner.Public Health Law §3309 and the implementing regulations (NYCRR §80.138) establish the framework for regulated community access to naloxone. The law states that the use of an opioid antagonist pursuant to this section shall be considered first aid or emergency treatment for the purpose of any statute relating to liability. This law allows trained non-medical, unlicensed persons to use naloxone on individuals suspected of an opioid overdose if trained by a NYSDOH approved training curriculum.I. POLICY DEVELOPMENTPrior to providing opioid antagonist in a school, district boards of education and school governing bodies should develop policies consistent with the laws and regulations of the State of New York. It is the responsibility of the school district electing to participate in the opioid overdose prevention program to determine and choose the most appropriate option for participation in the administration of an opioid antagonist (naloxone) in schools, the route of administration and to create policies and procedures aligned with the option chosen and NYS laws and guidelines. It is a recommendation of the NYSED that this decision is made in collaboration with, and under the advisement of, the school and/or school district’s attorney, and licensed medical staff (i.e., district medical director and registered professional nurses).The planning process should include, but is not limited to: All schools and school districts electing to participate must first have approval from their governing body and have approved policies and procedures in place prior to implementation. Policies should be signed, dated and reviewed on a regular basis to ensure they continue to meet the needs of the program and are consistent with recommended best practice. The use of an opioid antagonist (naloxone) should be included in district emergency response procedures, which in the public schools includes an Automated External Defibrillator (AED). Protocols should be in place to monitor the inventory, storage, use and reporting of naloxone administration and any overdose reversals. Written protocols and procedures should be detailed to ensure consistency of practice within the district and should include the following: Identification of school personnel roles and responsibilities; and Identification and provision of professional development and education needs for both licensed and unlicensed personnel. Additional resources and sample guidance for developing policies and procedures for opioid overdose prevention can be located at the NYSDOH Opioid Prevention webpage and New York Statewide School Health Services at: . It is highly recommended that schools maintain hard copies of all NYS Laws and Regulations, guidance and training materials, and supportive resources for opioid overdose prevention in a properly labeled binder in appropriate district and school offices.II. PROVIDING OPIOID ANTAGONISTS IN SCHOOLSThere are three options available for schools who chose to maintain and administer an opioid antagonist in the school setting. Although options differ, the guidance and forms provided in this document have been tailored for all schools to follow in implementing safe and effective policies, protocols and procedures in the use of opioid antagonist in schools. In addition to descriptions of the options, below please also refer to the “Administration of Naloxone in School Settings” flow chart.Option #1 – Becoming a NYSDOH Registered Opioid Overdose Prevention ProgramPublic schools districts, which are required to employ a medical director under Education Law §902, and other schools that have a medical director, may register with the NYSDOH to become a Registered Opioid Overdose Prevention Program. The medical director who is a NYS licensed prescriber qualifies the school to become a NYSDOH Registered Provider, and is identified as the Clinical Director of the program under Public Health Law §3309 and implementing regulations NYCRR §80.138. As responders under a NYSDOH-registered opioid overdose program—and pursuant to Education §922—volunteer, unlicensed school personnel can be trained to administer an opioid antagonist on-site during the school day or at any on-site school sponsored activity by completing a NYSDOH approved training program under Public Health Law §3309. In accordance with this approved training curriculum, unlicensed school personnel are trained to administer intranasal (IN) naloxone. School nurses can also participate in this program, and are able to administer either intramuscular (IM) naloxone or IN naloxone at their discretion and in collaboration with the district’s medical director. In school settings the administration of IM naloxone is recommended as an option only for an appropriately licensed health professional whose scope of practice incudes medication administration. Under Option 1, naloxone is prescribed by the Registered Opioid Overdose Program’s Clinical Director, who is also the school district’s medical director. This individual is also responsible for ordering the rescue kits through a simple process overseen by NYSDOH which will provide the kits to the Clinical Director at no cost to the school district. Requirements to Become a NYSDOH Registered Opioid Overdose Prevention Program ? Register with the NYSDOH and obtain a certificate of approval ? Designate a Clinical Director who must be a NYS licensed prescriber. Responsibilities of the Clinical Director are outlined in the Guidance for Medical Directors. ? Designate a Program Director (e.g., Superintendent, Principal, RN) responsibilities include but not limited to: o Ensure approved policies and procedures are in place to provide guidance on how the program will be administered; o Ensure that there is a clinical director who oversees the clinical aspects of the program; o Establish training consistent with the school or school district’s policies and the NYSDOH guidance; and o Personally or through a designee: ? Ensure that responders complete a NYSDOH approved training prior to receiving a certificate of completion ? Dispense and/or provide shared access to naloxone kits (referred to as communal access), to trained responders in accordance with laws, rules and regulations ? Establish/maintain a recordkeeping system for training and opioid antagonist inventory and use according to the NYSDOH requirement ? Act as a liaison with emergency medical services (EMS) and emergency dispatch agencies ? Assist the clinical director in collecting, reviewing and reporting information on overdose, especially where naloxone is administered ? Report on a quarterly basis the number of doses of naloxone newly made available in the school or school district and the number of overdose responders trainedOption #2 – Issuing a Non-patient Specific OrderAs a NYS licensed prescriber, the school’s medical director can issue a non-patient specific order to school nurses (RNs) to administer IM or IN naloxone. It is recommended that the route of administration prescribed for the RN is based on the individual discretion of the RN in collaboration with the medical director. Under this option the medical director, in collaboration with school administration will acquire the IM or IN naloxone and provide to the school. School districts who choose to utilize this method of implementing an opioid overdose prevention program are not eligible to receive naloxone from NYSDOH.Option #3 – Permitting Volunteers to be Trained by a NYSDOH Registered Overdose Prevention ProgramSchools without medical directors may permit volunteer unlicensed school personnel to be trained to administer IN naloxone by collaborating with a NYSDOH Registered Overdose Prevention Program in their area. The school will become a participant under an already established registered program, and will be provided a NYSDOH approved training curriculum and receive free IN naloxone kits. Prior to contacting a NYSDOH Registered Program, schools must have approval from their governing body, and have approved policies and procedures in place. Schools that do not have a medical director but are electing to participate must have policies and procedures approved by the BOE or governing body in place prior to contacting a NYSDOH Registered Program in their area. These schools will then need to link with a New York State DOH-registered opioid overdose prevention program for purposes of training non-licensed personnel and furnishing them with naloxone. A directory of registered programs is available at: III. MAINTENANCE OF OPIOID ANTAGONISTS IN SCHOOLSOptions 1 and 3 Schools and school districts that register as a NYSDOH Registered Provider (option 1) will receive naloxone overdose kits for free through NYSDOH. Schools and school districts that have volunteer, unlicensed personnel trained by an already established NYSDOH Registered Opioid Overdose Program (option 3) will get their naloxone for free from those registered programs. Any distribution of opioid antagonists through an opioid overdose prevention program shall include an informational card or sheet with information on the following: how to recognize symptoms of an overdose; steps to take prior to and after an opioid antagonist is administered, including calling first responders; the number for the toll free Office of OASAS Hopeline (1-877-846-7369), and how to access the OASAS website – . The NYSDOH IN Naloxone Kit contains: two Naloxone Hydrochloride 2mg per2ml pre-filled syringes and two Mucosal Atomization Devices; two needle-free syringes and one pair of latex gloves. It also has instructions of what to do in English and Spanish, alcohol pads and a disposable face shield to use as a barrier for rescue breathing. Two doses of naloxone are provided as the victim may require a second dose. Gloves are provided to so that responders can maintain universal precautions if there is contact with body fluids. The NYSDOH IM Naloxone Kit contains: two Naloxone Hydrochloride 0.4mg/1ml vials, and two IM syringes and one set of gloves. It also has instructions of what to do in English and Spanish, alcohol pads and a disposable face shield to use as a barrier for rescue breathing. Two doses of naloxone are provided as the victim may require a second dose. Gloves are provided to so that responders can maintain universal precautions if there is contact with body fluids. Option 2 Schools and school districts whose medical directors provide non-patient specific orders for licensed health professionals, but are not prescribing naloxone to non-licensed school personnel (option 2) should refer to the ordering protocols noted in the Guidance for Medical Directors. ALL OPTIONS In all cases naloxone should be stored in secure but accessible locations consistent with the district emergency response plan, which in public schools includes immediate transport of an AED to the scene of an emergency. Naloxone should be accessible during school hours and during on-site school sponsored activities. A naloxone overdose kit may be stored inside the flap of the AED case. Naloxone and the AEDs are both heat and cold sensitive.ACCOUNTING/INVENTORY/PLACEMENT: Options 1 and 3 The on-site inventory and placement of naloxone is recommended to be accounted for weekly, and counted by personnel designated by the school administrator. Accounting for naloxone in AED cabinets could occur at the same time the check of the AED is performed. This count should be included and recorded on the AED log. The log must include the date, time, and signature of the designated personnel performing the count. This log will be kept with whatever naloxone has not yet been deployed in the school health office, with the log being maintained for no less than seven years. When new naloxone is placed in the locked storage cabinet or AED cabinet, the lot number, date of receipt, expiration date, and location of the naloxone is recorded on the log. The designated personnel placing the naloxone in the storage area will sign the log, and will need to monitor expiration dates. All schools operating under these options will need to maintain a log of trained school personnel and report newly trained personnel on quarterly basis to the NYSDOH.The Clinical and Program directors should be notified whenever naloxone is administered. Replacement naloxone should be ordered for shipment to the clinical director if there are not adequate stocks of non-deployed naloxone available on site to replace what was used. In Option 1 the clinical director will be the district’s medical director, and in Option 3 the clinical director will be the prescriber for the NYSDOH Registered Program from which non-licensed personnel received their naloxone kits. New kits should be ordered prior to the expiration date of existing stock. Even if only one naloxone dose is used, it should be replaced. Schools and/or school districts participating with the NYSDOH can follow protocols developed for re-ordering stock naloxone by going to . District or school policies for the disposal of medications should apply to the disposal of naloxone. Schools may use expired IN naloxone for training purposes, however caution should be exercised so that it is not comingled with naloxone deployed for rescue purposes. If expired IN naloxone is used for training purposes, schools may consider implementing the following practices: labeling expired naloxone box with a permanent marker in large lettering: TRAINER--DOES NOT CONTAIN MEDICATION; filling the glass vial with colored water; and keeping the training units separate from the IN naloxone which contains medication.Option 2 School medical directors implementing the program solely with their district licensed health professionals are responsible for having approved policies in place for re-ordering. School nurses should report administration of naloxone under the non-patient specific order to the medical director.STORAGE OF NALOXONE:Options 1 and 3Naloxone is to be placed in a location ensuring it is ready and accessible to designated staff members. If placed in an AED cabinet, a plastic break away lock could be placed on the cabinet. The remaining stock of naloxone could be stored in a locked cabinet in the school’s health office. The drug will be stored in an environment as outlined by the manufacturer’s guidelines.Inventory of naloxone and accompanying overdose kit supplies (gloves, disposable face shield, alcohol pads and instructions in English and Spanish) are to be routinely counted, with a recommended frequency weekly, to determine whether there are any discrepancies between documented inventory and actual inventory and check that the solution in the vial is clear and not discolored. Both the IN naloxone glass vial and the IM vial have expiration dates; checking these dates should be part of any district protocol –similar to checking the AED and epinephrine auto injectors. The expiration date (typically two years from date of manufacture) should be recorded at the time the kit is received and monitored so it is appropriate for emergency use. Used nasal atomizers and/or syringes can be given to EMS personnel upon arrival, or disposed of under district policies and procedures.DOCUMENTATION:Options 1 and 3Any administration of naloxone requires appropriate follow-up documentation. Naloxone is to be documented in the individual’s cumulative health record for students, or consistent with applicable policies for care administered to staff. Documentation must include the date and time of administration; the route of administration noting the anatomical location if IM was administered; the signs and symptoms displayed by the student or staff member prior to administration; the student or staff member’s response to naloxone administration, if CPR/rescue breathing/AED was administered; the name of the EMS agency providing transport, along with the name of the health care facility the student/staff person was transported to; and signed by the person completing the documentation.ReportingAll administrations should be reported to both the clinical director and the program director, whose responsibility is to report to the NYSDOH as soon as possible. Incident reports should be completed as per district policy.? Report and document use of naloxone in accordance with district policy,? NYSDOH Opioid Overdose Reporting forms are available to registered opioid overdose programs from the NYSDOH.? Districts should keep a copy of reports to allow evaluation of opioid overdose prevention.Option 2School nurses should document the administration of naloxone in the same manner they document administration of other medications under a non-patient specific order.NOTIFICATIONS:Someone experiencing opioid overdose needs immediate medical attention and emergency response intervention. Call 911; activate your school’s emergency response system which for public schools must include obtaining the AED, and follow emergency response protocol (CPR/Rescue Breaths/AED). Administer naloxone following the steps on the next slides. After administering Activate school emergency response and call/ask someone to call 911. State the person is not breathing. Parent/guardians and administration must be notified as soon as practicable about naloxone administered to a student along with planned transport to the emergency room. Such notification should also be documented in the student’s cumulative health record. Notification of staff member’s emergency contact(s) should be done as per district policy.IV. REQUIRED TRAINING FOR UNLICENSED SCHOOL PERSONNELOption 1 and 3*The NYSDOH approved training curriculum for volunteer unlicensed school personnel pursuant to section 3309 of Public Health Law is titled, “Opioid Overdose Training for School Personnel: Recognizing a Life-Threatening Opioid Overdose and Using an Opioid Antagonist”For volunteer unlicensed school personnel to become trained overdose responders in the school setting and be able to administer IN naloxone in the school setting the following are required:? Completion of training webinar,? Attainment of 100% accuracy on post-test,? Successful completion of the Skills Compliance Checklist for Administering Naloxone with a licensed health professional whose scope of practice includes medication administration: physician, nurse practitioner, physician assistant, or RN. LPNs may not perform this function as teaching is not within their scope of practice.? *Volunteer staff contacting a NYSDOH Registered Prevention Program in their area, will need to collaborate with program providers on the appropriate training, which may or may not include the NYSDOH approved training; “Opioid Overdose Training for School Personnel: Recognizing a Life-Threatening Opioid Overdose and Using an Opioid Antagonist” . However, it is a recommendation to utilize this training, as it is the training that has been identified for school personnel.After successful completion of this training the individual will receive a certificate of training in opioid overdose prevention valid for 2 years. The NYSED strongly encourages an annual review to ensure that understanding and skills in opioid overdose response are current and timely. The school must maintain a current list of its trained school personnel. This list will be maintained in the health office or in a location designated by school district administration.The link to the NYSDOH approved training curriculum, Post-Test, Training Skills Checklist and Certificate can be found on the Heroin and Opioid page of the NYSSHSC website . Option 2School nurses are not required to complete the NYSDOH approved training webinar, but are highly encouraged to do so to keep their assessment skills for overdoses current.V. ROLE OF THE SCHOOL DISTRICT MEDICAL DIRECTORGuidance to assist school district medical directors in understanding their roles and responsibilities of implementing an opioid overdose prevention program in the school setting has been developed and can be located at: Additionally, sample non-patient specific orders for the administration of intranasal (IN) naloxone by volunteer trained unlicensed school personnel and/or by registered professional nurses, and administration of intramuscular (IM) naloxone by registered professional nurses (RN) can be found at the NYSHSSC’s page for medical directors located at the resource located below at: Note: Intranasal (IN) administration of naloxone is currently not offered on-label by the FDA, but is a widely practiced in NYS and supported by the NYSDOH, where the presence of sharps would be a barrier to overdose response or prospective responders are uncomfortable with conventional syringes. Clinical research for medical directors is available from the Archives of Medical Science and the Food and Drug Administration (FDA). FDA: Exploring Naloxone Uptake and Use – A Public Meeting 7/1/15.VI. ROLE OF SCHOOL NURSE (REGISTERED NURSE)The school nurse is the on-site health expert and may be designated in writing to complete the post-training skills check for unlicensed, non-medical school personnel at the request of the Clinical Director (school medical director). School nurses also play a key role in planning and responding as part of the school’s emergency team. In addition to the duties previously mentioned for school nurses, the school nurse may also:? Increase communication inside and outside of school regarding the dangers of prescription drug misuse and overdose prevention.? Provide resources to students, parents and colleagues regarding non‐medical use of prescription drugs.? Additional resources can be found on the NYSSHSC website at: VII. OTHER LICENSED PROFESSIONALS IN THE SCHOOL SETTINGIt is the responsibility of all licensed professionals to know and understand their profession’s scope of practice. Licensed professionals working in the schools are encouraged to review their scope of practice at the NYSED’s Office of Professions website at: VIII. RESOURCESSample forms and resources to assist all schools in providing opioid antagonists in schools are available on the New York Statewide School Health Services website Heroin and Opioid Toolkit Resources page at: PERSONAL PROTECTIVE EQUIPMENTOSHA Standard - 29 CFR 1910.132, 133, 135, 136, 138Personal Protective EquipmentEffective Date - July 5, 1994The purpose of the Occupational Safety and Health Administration (OSHA) Standard for Personal Protective Equipment (PPE) is to protect workers at risk for eye, face, head, and foot injuries. Selecting the appropriate PPE, and training employees on proper use, will help protect them when other controls are inadequate or impossible. PPE is the last line of defense for employers to protect their workers from occupational hazards. Enforced by New York State Department of Labor (PESH Unit) (516-228-3970).COMPLIANCE ISSUESHazard assessment must be conducted and must be certified in writing. The assessment will determine if hazards necessitating the use of PPE are present.PPE must be selected, provided, and maintained. The employer must ensure that each affected employee uses the appropriate PPE.PPE must properly fit affected employees. PPE must be of safe design and construction. Defective and damaged equipment shall not be used.Training is required for all employees required to use PPE.Eye and face protection must comply with ANSI Z87.1-1989. The manufacturer’s name must be marked on the PPE. Head protection must comply with ANSI Z89.1-1986.Foot protection must comply with ANSI Z41.1-1991.Hand protection selection must be based on tasks to be performed.TRAINING REQUIREMENTSTraining must include: when PPE is necessary; what PPE is necessary; how to put on, wear, and take off PPE; the limitations of PPE; the care, maintenance, useful life, and disposal of PPE.Employees must demonstrate an understanding of the training and the ability to use PPE properly.Retraining is required but not limited to when; changes in the workplace render previous training obsolete; changes in the types of PPE to be used render previous training obsolete; the employee does not retain the required knowledge or skill.Written certification of training must be maintained including names of trainees, dates of training, and subject of certification. PESTICIDE APPLICATIONNYS Environmental Conservation Law, Article 33 - Revised September 12, 19976 NYCRR Title 6, Parts 325 & 326 Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)40 CFR Parts 152-180 Effective Date - December 24, 1988Pesticides are classified as restricted by both Federal and State legislation. In New York, it includes those pesticides that are highly toxic, persistent, or accumulative, and those pesticides restricted by the Environmental Protection Agency (EPA). They may be purchased and used only by certified applicators or by special permit. Enforcement in New York State is through the New York State Department of Environmental Conservation (DEC) (631-444-0340).COMPLIANCE ISSUESThe Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requires manufacturers to register and classify pesticides with the EPA and prescribes controls over pesticide application and use. In New York, pesticides must be re-registered with the Department of Environmental Conservation (DEC) (631-444-0340) every 2 years.DEC requires commercial permits for the distribution, sale, and purchase of restricted use pesticides. Pesticides must only be applied in a manner that prevents contamination. Registered pesticides must be applied according to their labeling.All pesticide application equipment that draws water from any water source must have an effective anti-siphon device to prevent backflow.Unwanted pesticides and containers must be disposed of according to Rules and Regulations of the State of New York.All commercial applicators in New York State must be certified or work under a certified applicator’s supervision whether they use restricted use or general use pesticides. Certification is for a 6-year period. However, DEC issues a renewal notice every 3 years requiring the payment of a mercial applicators and businesses must register annually with DEC and submit annual pesticide usage reports. Must be able to supply container labels for all pesticides used.DEC-issued stickers must be prominently displayed on each piece of application equipment and transportation vehicles, except on hand-held or portable equipment and noncommercial vehicles.When pesticides are applied to lawns, shrubs, and trees, markers measuring 4”x 5” must be posted at least 12” above the ground in such a manner, and in such number, distance apart and location, so they are clearly visible to persons immediately outside the perimeter of the treated area.Pesticide use records must be maintained.School Districts must register with the DEC as a pesticide agency if employees will be applying pesticides. The district must carry Commercial General Liability Insurance with a minimum of $1,000,000 for each occurrence. A certificate of insurance must be included with the registration form. The NYSDEC Bureau of Pest Management must be listed as the certificate holder. Schools are fee-exempt for the agency registration. Instructions and forms can be found at . TRAINING REQUIREMENTSIn order to be certified by the DEC, applicators must attend the 30-hour Pesticide Applicators Course, and then pass a two-part exam. This will provide provisional certification. An additional 1-3 years of supervision by a certified applicator is required, and is dependent on the individual’s previous education. Applicators must attend recertification training programs approved by DEC during the 6-year period of certification. Required training hours vary from 10-20 hours depending on the category of certification (3A-15 hours, 7A-20 hours).PESTICIDE APPLICATIONSchool Pesticide Neighbor Notification LawNew York State Education Law (Title 1, Article 9, Section 409-h)Section 155.24 of the Regulations of the Commissioner of Education Effective Date - July 1, 2001Schools are required to establish a pesticide notification procedure to provide information on pesticide application at school facilities. School is defined as any public school district or private or parochial school or board of cooperative educational services. Pesticide shall have the same meaning as in subdivision thirty-five of Section 33-0101 of the Environmental Conservation Law. Facility means any school building used for instructional purposes and its surrounding grounds, sites and other grounds to be used for playgrounds, athletics and other instructional purposes, and any administrative offices. Relevant facility is any facility where a staff person regularly works or where a child of the person in parental relation regularly receives PLIANCE ISSUESWritten notification is defined as notice in writing that is:Provided directly to the student or staff.Delivered to a receptacle designated for that student or staff.Mailed to the student’s or staff’s last known address.A notice in a school newsletter.Delivered by any other reasonable methods authorized by the Commissioner.Schools shall provide written notification to all staff and persons in parental relation at the beginning of each school year and summer school session (within the first week) or within one week of a student’s enrollment or employee’s start of employment and include the following information:A statement that pesticides may be used periodically throughout the school year.A statement that schools are required to maintain a list of staff and persons in parental relation who wish to receive 48-hour prior written notification of pesticide applications at relevant facilities.Instructions on how to register with the school to be on such list for notification.Name of a school representative and contact number to obtain further information.Schools shall provide written notification (pesticide application summary report) to all staff and persons in parental relation within 10 days of the end of the school year and within 2 school days of the end of the winter recess, spring recess and summer school session for each application which required prior notification and each emergency application, listing:Date.Location.Product used.A statement that schools are required to maintain a list of staff and persons in parental relation who wish to receive 48-hour prior written notification of pesticide applications at relevant facilities.Instructions on how to register with the school to be on such list for notification.How to obtain further information about the products being applied, including any warnings on the label of the pesticide.Name of a school district representative and contact number for additional information.Each school shall establish and maintain a list of staff and persons in parental relation requesting 48-hour prior notification of pesticide application.Not less than 48 hours prior to the application of a pesticide, a school shall provide to those on the list written notification including, at a minimum, the following:Date (can include alternate dates to account for weather conditions).Location.Product name and EPA Registration Number.The following statements: This notice is to inform you of a pending pesticide application to a school property. You may wish to discuss with the designated school representative what precautions are being taken to protect your child from exposure to these pesticides. Further information about the product(s) being applied, including any warnings that appear on the label of the pesticide(s) that are pertinent to the protection of humans, animals, or the environment, can be obtained by calling the National Pesticide Telecommunications Network information phone number at 1-800-858-7378, or the New York State Department of Health Center for Environmental Health information line at 1-800-458-1158.The name of the designated school representative and contact number for additional information.The 48-hour written notification may be provided by any of the following methods:A notice provided directly to persons on the registry.A notice delivered in a receptacle designated for persons on the registry.A notice mailed to the home address of persons on the registry.A notice sent electronically to persons on the registry.A notice sent by fax to persons on the registry.The notification must also be posted in a public location within the relevant facility.The following pesticide applications shall not be subject to prior notification requirements:Antimicrobial pesticides and products as defined by FIFRA.Aerosol products with a directed spray in containers of less than 18 fluid ounces, used to protect individuals from an imminent threat from stinging and biting insects. Fogging is not exempt.Application where the school facility remains unoccupied for a continuous 72-hour period following pesticide application.Silica gels, and other non-volatile ready-to-use paste, foam or gel insecticides in areas inaccessible to children.Non-volatile insecticidal or rodenticidal baits in tamper-resistant bait stations in areas inaccessible to children.U.S. EPA exempt materials under 40 CFR 152.25.U.S. EPA designated biopesticide.Boric Acid and Disodium Octaborate Tetrahydrate.An emergency application due to an imminent threat to human health. Notification to the Commissioner of Health is required.If a school district does not use any pesticide products in buildings and grounds, other than those noted as exempt listed above, the school district is not required to provide follow-up written notification (48-hour or fall, spring, end of year and end of summer school). However, if an emergency application of a non-exempt product is necessary, the school district must make a good faith effort to notify all persons in parental relation and staff in writing prior to the emergency application. Emergency applications also require notification to the New York State Department of Health. School districts must still provide the initial written notification at the beginning of the school year and summer school session.The Commissioner will ensure compliance with this regulation and shall establish a procedure for parents to notify the state of any school’s failure to comply. The Commissioner may withhold state-aid monies for failure to comply with the regulation.No school or school employee shall be held liable for failure to comply with this regulation, unless such failure constitutes negligence, gross negligence or intentional misconduct.PESTICIDE APPLICATION(ATHLETIC FIELDS & PLAYGROUNDS) PLINYS Environmental Conservation Law, Section 33-0303, Subdivision 7NYS Education Law, Section 409-kNYS Social Services Law, Section 390-gEffective Date - May 18, 2011COMPLIANCE ISSUESNo school (public, private, or parochial) or (day care center - Social Services Law Section 390-g) shall apply pesticide to any playgrounds, turf, athletic or playing field, except that an emergency application of a pesticide may be made as determined by the County Health Department, the NYS Commissioner of Health or designee, the NYS Commissioner of Environmental Conservation or designee, or in the case of a public school, the school board. Pesticide shall have the same meaning as set forth in subdivision 35 of section 33-0101 of the Environmental Conservation Law, provided however that it shall not include:The application of anti-microbial pesticides and anti-microbial products as defined in FIFRA in 7 U.S.C. Section 136 (MM) and 136 Q (H) (2). The use of an aerosol product with a directed spray, in containers of eighteen fluid ounces or less, when used to protect individuals from an imminent threat from stinging and biting insects, including venomous spiders, bees, wasps, and hornets. The use of non-volatile insect or rodent bait in a tamper resistant container.The application of a pesticide classified by the US EPA as an exempt material under 40 CFR Part 152.25.The use of boric acid and disodium octaborate tetrahydrate.The use of horticultural soap and oils that do not contain synthetic pesticides or synergists.PLAYGROUND SAFETYNew York State General Business Law 399-ddPart 4605 – Design, Installation, Inspection, and Maintenance of Playground EquipmentEffective Date - July 1, 2007The Consumer Protection Board shall promulgate rules and regulations for the design, installation, inspection, and maintenance of playgrounds and playground equipment. Those regulations shall substantially comply with the guidelines and criteria which are contained in the Handbook for Public Playground Safety produced by the United States Consumer Product Safety Commission. The document is available at: cms/workspace/section/section.aspx?domainid=22. COMPLIANCE ISSUESNo person, firm, corporation, or other legal entity which constructs, assembles, or installs a playground or playground equipment, shall construct, assemble, or install such playground or playground equipment unless such playground or playground equipment shall conform to the requirements of those rules and regulations as promulgated.Playground or equipment constructed on one, two and three-family residential property are exempt.The guidelines of the United States Consumer Product Safety Commission Handbook for Public Playground Safety are incorporated by reference.RESPIRATORY PROTECTIONOSHA Standard - 29 CFR 1910.134Personal Protective Equipment - Respiratory ProtectionEffective Date - Amended October 5, 1998The goal in controlling occupational diseases caused by breathing contaminated air is to prevent atmospheric contamination by using effective engineering controls. When this is not feasible, appropriate respirators must be provided and a Respiratory Protection Program must be established. Types of respirators include disposable masks, half-mask air purifying, full facemasks (air purifying), and supplied-air respirators. Enforced by New York State Department of Labor (PESH Unit) (516-228-3970).COMPLIANCE ISSUESEngineering measures to control atmospheric contamination must be instituted where feasible.Employers must select and provide appropriate respirators for each job, when necessary, to protect the health of employees. Selection must be in accordance with ANSI Z88.2-1969 and respirators must be both Mine Safety and Health Act (MSHA) and National Institute for Occupational Safety and Health (NIOSH) approved.Employers must have a written Respiratory Protection Program including standard operating procedures for the selection, use, and care of respirators. The program must be evaluated regularly to determine its effectiveness. A qualified “Program Administrator” must oversee the Respiratory Protection Program.An employee’s physical ability to use a respirator must be determined by medical evaluation before he/she starts using a respirator and periodically thereafter (usually annually). The employer shall identify a physician or other licensed health care professional to perform medical evaluations using a medical questionnaire or an initial medical that obtains the same information as the medical questionnaire.Employees must use respirators according to instruction and training in the proper use of respirators and their limitations. Dust masks are not covered under the regulation. However, if the employer provides a respirator for voluntary use or if the employee provides his/her own respirator in the workplace, the employer is responsible for providing the employee with Appendix D of the Standard. Appendix D will explain to the employee precautions to be taken when using a respirator.Frequent random inspections of proper respirator use must be conducted.Proper respirator fit is essential. Respirator wearers must check the facepiece fit each time a respirator is worn. The wearer’s diligence in having the proper fit must be evaluated by periodic check. Fit testing can be qualitative or quantitative, and must be conducted at least annually.Respirators must be cleaned, disinfected, inspected, and maintained regularly.Respirators must be stored in a convenient, clean, and sanitary location.Surveillance of work area conditions and the degree of employee exposure must be determined.Recordkeeping – Requires medical evaluation, fit testing, and written Respiratory Protection Program.TRAINING REQUIREMENTSRespirator users and supervisors must be trained in the proper selection, use, maintenance, and limitations of respirators.Training must include at least the following:Why the respirator is necessary and how improper fit, usage and maintenance can make the respirator ineffective.What the limitations and capabilities of the selected respirator are.How to use the respirator effectively in emergency situations, including situations in which the respirator malfunctions.How to inspect, put on and remove, and check the seals of the respirator.What the respirator maintenance and storage procedures are.How to recognize medical signs and symptoms that may limit or prevent effective use of the respirator.The general requirement of the Respiratory Protection Standard.Training should be conducted annually.SCHOOL BUILDING SAFETYComprehensive Public School Safety ProgramRESCUE Regulations (Rebuilding Schools to Uphold Education)8 NYCRR 155.1-155.6Effective Date - October 7, 1999The Comprehensive Public School Safety Program was enacted to ensure that all school facilities are properly maintained and preserved and provide suitable educational settings. The Board of Education of each school district shall cause all occupied school facilities which are owned, operated or leased by the district to comply with the provisions of the Comprehensive Public School Safety Program as set forth in Section 155.3 and the Uniform Code of Public School Building Inspections, Safety Rating and Monitoring as prescribed in Section 155.4. The Comprehensive Public School Safety Program shall consist of the following: Amended on July 6, 2011 – requirement for the School Facility Report Card was repealed – see section on School Facility Report Card).Five Year Capital Plan – Each school district shall develop and keep on file a comprehensive long-range plan which shall be re-evaluated and updated annually and include appraisal of the following:Educational philosophy of the school district and resulting administrative organization and program requirements.Present and projected pupil enrollments.Space use and state-rated pupil capacity of existing facilities.Priority of need of maintenance.Repair or modernization of existing facilities.Consideration of the obsolescence and retirement of certain facilities and the provision of additional facilities.Each school district shall prepare a five-year capital facilities plan no later than July 1, 2001 and shall update such plan annually. The plan shall be prepared in a format prescribed by the Commissioner and shall be submitted to the Commissioner upon request. The plan will include a breakdown for each of the five years of the plan of the estimated expenses for the following:Current or proposed new construction ranked in priority order.Current or proposed additions to school facilities ranked in priority order.Current or proposed alterations or reconstruction of school facilities ranked in priority order.Major repairs ranked in priority order.Major system replacement and repairs, and maintenance ranked in priority order.Energy consumption.District-wide building inventory including:The number and type of facilities owned, operated or leased by the district.The age, enrollment, rated capacity, use, size and the safety rating of such buildings.The energy source for such buildings.The probable useful life of each building and its major subsystems.The need for major system replacement and repairs and maintenance.Summary of the triennial asbestos reports.Uniform Code of Public School Building Inspections, Safety Ratings and Monitoring Procedures for Periodic Inspections – Buildings shall be assessed by a building condition survey conducted once every five years, an annual fire safety inspection and an annual visual inspection conducted in years in which no building condition survey is conducted for the building.Building Condition Survey – A building condition survey will be conducted for all occupied buildings on or before November 15, 2000 and at least every five years thereafter.The survey shall be conducted by a team that includes at least one licensed architect or engineer in a format prescribed by the Commissioner of Education.The survey shall include a list of all program spaces and an inspection of the following building systems for evidence of movement, deterioration, structural failure, probable useful life, need for repair and maintenance and need for replacement:The building site including utilities, paving, playgrounds and play fields.Roofing.Exterior elements of the building, including walls, doors, windows and fire escapes.Building structural elements.Building interiors including finishes, doors, and hardware.Electrical systems, including service and distribution, lighting, communications, technology infrastructure and cabling.Plumbing, including water distribution system, drainage system and fixtures.Heating and cooling systems, including boilers, furnaces, terminal units, and control systems.Ventilation systems.Air-conditioning systems, including refrigeration, terminal units, and control systems.Special construction, including stairs, elevators, escalators, and swimming pools.Fire protection and security systems, including alarm, detection, and fire protection.Environmental features, including appearance, cleanliness, acoustics, lighting quality, thermal comfort, humidity, ventilation and space adequacy.Reports of building condition surveys signed and sealed by the licensed architect or engineer shall be submitted to the Commissioner by January 15, 2001 and January 15th of every fifth year thereafter. Building aid is available for building condition surveys as defined in the regulation.Annual Visual Inspections – A visual inspection of every occupied building shall be conducted annually except in years that building condition surveys are conducted.The annual visual inspection shall consist of a visual re-inspection of the components of the building condition survey for changes that may have occurred and a review and update of the safety rating as needed.The annual visual inspection shall be conducted by a team composed of a certified code enforcement official, the district director of facilities or designee, and a member of the health and safety committee.If the annual visual inspection results in a determination that the building may have a deficiency showing the building safety rating to be unsatisfactory or unsafe/unhealthful, the board shall retain a licensed architect or engineer to perform a detailed inspection and develop a corrective action plan.The annual visual inspection shall be completed by November 15th of each year not scheduled for a building condition survey.The results of the annual visual inspection shall be reported to the Commissioner on forms prescribed by the Commissioner, shall be signed by the person(s) who conducted the inspection, and shall be filed with the Commissioner by January 15th. Annual visual inspections shall be made available to the public.Beginning with the 2004-05 annual visual inspection form, there will be a question regarding the federal (AHERA) triennial inspection which will satisfy the New York State reporting requirements for the AHERA triennial re-inspections.Safety Rating System – Each school district shall provide for the safety rating of all occupied school buildings keyed to the structural integrity and overall safety of the building on an annual basis.The safety rating shall be established by each district after consultation with the Health and Safety Committee established pursuant to paragraph (d)(1) (Monitoring System) of this regulation. The safety rating shall identify and assess:The condition of every major system component of each occupied school building based upon overall assessment of the system or element.Probable useful life.Structural safety integrity.Overall safety.Need for repair and maintenance.Need for replacement.The estimated cost of necessary repairs and /or replacement.Assessment of the effectiveness of the building comprehensive maintenance plan as required by this regulation.The major system components of each occupied school building shall be rated in one of the following categories:Excellent – No remediation required other than routine maintenance.Satisfactory – System is functioning reliably but repair is required.Unsatisfactory – System is functioning unreliably or has exceeded its useful life. A corrective action plan has been scheduled.Unsafe/Unhealthful – System is non-functioning, unreliable or not functioning as designed. System endangers occupants’ health and/or safety, and/or has deficiencies that have resulted in serious accident or injury.Indeterminate – Requires additional probing or testing and a summary report will be issued.Building system deficiencies shall be categorized as follows:Health and safety.fort.Aesthetic.The overall rating of the building shall be determined by a weighted system developed by the Commissioner in consideration of the rating of the major system components of each building and the categorization of the building system deficiencies, as noted above, with the following categories:Excellent – Systems rated in excellent condition. Preventive maintenance plan in place.Good – Systems rated in overall good or better condition.Satisfactory – Any system categorized as comfort or aesthetic, rated as unsatisfactory. All systems categorized as health and safety or structural, rated good or better.Unsafe/Unhealthful – Any system categorized as health and safety or structural, rated unsafe and/or unhealthful. This rating shall result in the revocation of the building’s Certificate of Occupancy.Monitoring System – Boards of Education shall establish a process to monitor the condition of occupied public school buildings in order to assure that they are safe and maintained in a state of good repair. This process shall include the following elements:Health and Safety Committee comprised of representation from district officials, staff, bargaining units and prehensive maintenance plan for all major building systems, including provisions for a least toxic approach to integrated pest management and maintenance procedures and guidelines that will contribute to acceptable indoor air quality. The plan shall be available for public inspection.Board of Education annual review and approval of the annual building inspection reports and five-year building condition surveys.Procedures for assuring that an annual fire safety inspection of each building is conducted in accordance with Section 807-a of the Education Law.Procedures for assuring that a current and valid Certificate of Occupancy is maintained for each building and posted in a conspicuous place.Procedures for investigation and disposition of complaints related to health and safety. Such procedures shall involve the Health and Safety Committee and conform to the following requirements:Provide a written response to written complaints which describes the following:Investigations, inspections or tests made to verify the substance of the complaints or a statement explaining why further investigation, inspection or tests are not necessary.The results of any investigations, inspections or tests which address the complaint.The actions, if any, taken to resolve the problem.The actions, if any, taken if the complaint involved a violation of law or of a contract provision.Every Board of Education shall take actions to immediately remedy serious conditions affecting health and safety in school buildings, and shall report such actions to the Commissioner.All school construction and maintenance activities shall comply with the Uniform Safety Standards for School Construction and Maintenance Projects as set forth in Section 155.5 of the regulation.Uniform Safety Standards for School Construction and Maintenance ProjectsMonitoring of Construction and Maintenance ActivitiesThe occupied portion of any school building shall always comply with the minimum requirements necessary to maintain a Certificate of Occupancy and shall be monitored during construction or maintenance activities for safety violations by school district personnel.Investigation and disposition of complaints relating to health and safety as a result of construction and maintenance activities are required as established under section 155.4(d)(7) and as described under Monitoring Systems above.Pre-construction Testing and Planning for Construction ProjectsSafety shall be addressed in bid specifications and contract documents before contract documents are advertised for bid. All school areas to be disturbed during renovation or demolition shall be tested for lead and asbestos. Appropriate procedures to protect the health of building occupants shall be included in the final construction documents for bidding.Safety committees shall monitor safety during school construction projects. This committee shall be expanded during construction projects to include the project architect, construction manager and the contractors, and shall meet periodically to review issues and address complaints related to health and safety resulting from the construction project.The district Emergency Management Plan shall be updated to reflect any changes necessary to accommodate the construction process. Provisions shall be made for emergency evacuation in the event of a construction incident.Fire drills shall be held to familiarize students and staff with temporary exits and revised emergency procedures.Pre-construction Notification of Construction ProjectsThe Board of Education shall establish procedures for notification of parents, staff and the community in advance of a construction project of $10,000 or more to be conducted in a school building while the building is occupied.Such procedures shall provide at least two months prior notice to the date on which construction is to begin, provided that emergency construction projects shall provide notice as far in advance of construction as practicable.Such notice shall include information on the district’s obligation under the law to provide a safe school environment during construction projects.Such notice requirement may be met by publication in district newsletters, direct mailing or by holding a public hearing.General Safety and Security Standards for Construction ProjectsAll construction materials shall be stored in a safe and secure manner.Fences around construction supplies or debris shall be maintained.Gates shall always be locked unless a worker is in attendance to prevent unauthorized entry.During exterior renovation work, overhead protection shall be provided for any sidewalks or areas immediately beneath the work site or such areas shall be fenced off and provided with warning signs to prevent entry.Workers shall be required to wear photo-identification badges at all times while working at occupied sites.Separation of Construction Areas from Occupied SpacesConstruction areas under control of the contractor and not occupied by students and staff shall be separated from occupied areas. Provisions shall be made to prevent passage of dust and contaminants into occupied areas and these barriers shall be inspected periodically. Gypsum board must be used in exit ways or other areas that require fire-rated separation. Heavy-duty plastic sheeting may only be used as an infiltration barrier and not to separate occupied spaces from construction areas.A specific stairwell and/or elevator should be assigned for construction worker use during work hours. Corridors, stairs or elevators designated for students or staff shall not be used by workers.Large amounts of debris must be removed by using enclosed chutes and not through halls of occupied spaces. No materials shall be dropped or thrown outside the walls of the building.All occupied parts of the building affected by renovation activity shall be cleaned at the close of every workday.Maintaining Exiting and Ventilation During School Construction ProjectsA plan should be available detailing how required exiting will be maintained during construction. At a minimum, required exits, temporary stairs, ramps, exit signs, and door hardware shall be provided at all times.A plan should be available detailing how adequate ventilation will be maintained during construction.Fire and Hazard PreventionNo smoking is allowed on school property, including construction areas.Daily inspections should be conducted to assure exits are not blocked.Proper operation of fire extinguishers, fire alarms, and smoke/fire detection systems shall be maintained throughout the project.Noise Abatement During Construction and Maintenance ActivitiesNoise shall not be produced in occupied spaces in excess of 60 dba as measured by a type 2 sound level meter in the occupied space closest to the source of the plaints regarding noise shall be addressed by the Health and Safety Committee.“No work” periods shall be incorporated into the bid for periods when noise may be unacceptable.Control of Chemical Fumes, Gases, and other Contaminants During Construction and Maintenance ProjectsBid specifications shall require schedules of work on construction and maintenance projects, which include time for “off-gassing” of volatile organic compounds before re-occupancy. Special attention should be given to glues, paint, furniture, carpeting, wall coverings and drapery. Manufacturers shall be contacted to assure appropriate practices are followed. Building materials or furnishings which “off-gas” chemical fumes shall be aired out in a well-ventilated heated warehouse before installation. If toxic gases are generated which cannot be contained, then work must be done when school is not in session. The building must be properly ventilated and given time to cure or “off-gas” before reoccupancy.Material Safety Data Sheets (MSDS) shall be maintained at the site for all materials used in projects.Asbestos Abatement ProtocolsAll asbestos abatement projects shall comply with all Federal and State laws. Large and small asbestos projects as defined in 12 NYCRR 56 shall not be performed while the building is occupied. Minor asbestos projects as defined in 12 NYCRR 56 (10 square feet or less or 25 lineal feet or less) may be performed in unoccupied areas of a building.Lead PaintAny construction or maintenance operations which will disturb lead-based paint will require abatement of those areas according to protocols detailed in Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (June, 1995 U.S. Department of Housing and Urban Development). All areas scheduled for construction, as well as areas of peeling and flaking paint shall be tested for the presence of lead and abated or encapsulated in accordance with the above-noted guidelines.RadonDistricts shall take responsibility to be aware of the geological potential for high levels of radon and to test and mitigate as appropriate. This information is available from the New York State Department of Health Radon Measurement Database.Post-Construction InspectionThe school district shall provide the opportunity for a walk-through inspection by the Health and Safety Committee members to confirm that the area is ready to be reopened for use.School Facility Report Cards (Amended on July 6, 2011 – requirement for report card repealed)On January 1, 2001 and each year thereafter, every school district shall prepare a school facility report card for each occupied school building.The report card for each building shall be reviewed annually by the Board of Education. The Board of Education shall report at a public meeting on the status of each item (as described below) contained on the report card in a format prescribed by the Commissioner.Building age.Building size.Enrollment.Rated capacity.List of program spaces.Probable useful life of building.Five-year building condition survey results.Annual building visual inspection results.School building safety rating.Certificate of Occupancy status and expiration date.Five-year capital facilities plan status.Estimated costs to restore the buildings to a state of good repair.Estimated costs to keep the buildings in a state of good repair.Projected operations and maintenance spending for the current year.Need for routine maintenance, repairs, rehabilitation, reconstruction, construction and other improvements.Estimated energy costs for the current school year.A description of Health and Safety Committee activities.The following environmental information:Status of the AHERA plan.Status of measures taken to assure acceptable indoor air quality.Status of any required lead testing.Status of any required radon testing.Status of district’s integrated pest management program.Name of Right-To-Know designee for the building.SCHOOL SAFETY AND VIOLENCE PREVENTIONProject SAVE – Safe Schools Against Violence in Education ActNew York State Education Law Chapters 180-182Effective Date - November 1, 2000Full Compliance for Most Provisions by July 1, 2001The New York State SAVE Act is one of the most comprehensive regulations in the nation seeking to address school safety and violence prevention. The legislation covers 15 specific areas of concern, with each including numerous provisions as described PLIANCE ISSUESComprehensive School Safety Plans – To be developed by a District-Wide School Safety Team appointed by the Board of Education and to include the following representation at a minimum: School Board; Student; Teacher; Administrator; Parent Organizations; School Safety Personnel; and other School Personnel. The Plan must be filed with the Commissioner of Education within 30 days of adoption by the Board of Education. The Plan must also be reviewed annually by the School Safety Team and can only be adopted after at least one public meeting. Full compliance with this provision of the regulation is expected by July 1, 2001. This Plan shall include policies and procedures for:Responding to implied or direct threats of violence.Responding to acts of violence including consideration of Zero-Tolerance policies.Contacting law enforcement officials in the event of a violent incident.Contacting parents/guardians in the event of a violent incident.School Building Security.Dissemination of information regarding early detection of potentially violent behavior to all school personnel, students, parents and any others deemed necessary.Annual school safety training for staff and students.The Plan shall also include:Protocols for responding to bomb threats, hostage-taking, intrusions and kidnapping.Strategies for improving communication and reporting of potentially violent incidents.A description of the duties of hall monitors and other school safety personnel, along with the requirements for training, hiring, and screening process for all personnel acting in a school safety capacity.Appropriate prevention and intervention strategies as follows:Collaborative arrangements with state and local law enforcement officials to ensure school safety officers and security personnel are adequately trained.Non-violent conflict resolution training programs.Peer Mediation.Extended day and other school safety programs.Emergency Response Plans – To be developed by Building-Level School Safety Teams appointed by the principal in accordance with guidelines established by the Board of Education. Teams shall include, but not be limited to, representatives of teacher, administrator and parent organizations, school safety personnel and other school personnel, community members, local law enforcement officials, local ambulance or other emergency response agencies, and any other representatives deemed appropriate. The Emergency Response Plans will be part of the Comprehensive School Safety Plan filed with the Commissioner by the school district. Full compliance with this provision of the regulation is expected by July 1, 2001. The State Education Department has developed a format for Plans. All Emergency Response Plans developed by Building-Level School Safety Teams must include the following:Policies and procedures for safe evacuation shall include evacuation routes and shelter sites and procedures for addressing medical needs, transportation and emergency notification to persons in parental relation to a student.Designation of an Emergency Response Team comprised of school personnel, local law enforcement officials and representatives from emergency response agencies, other appropriate emergency response teams and a Post-Incident Response Team that includes appropriate school personnel, medical personnel, mental health counselors and others who can assist in the aftermath of a violent incident.Procedures for assuring that crisis response and law enforcement officials have access to floor plans, blueprints, schematics or other maps of the school interior, school grounds and road maps of the immediate surrounding area.Internal and external communication systems.Definition of the Chain of Command consistent with incident command systems.Coordination of the School Safety Plan with the State-Wide Plan for disaster mental health services to assure access to federal, state and local mental health resources.Procedures to conduct drills and other exercises to test components of the Emergency Response Plan.Policies and procedures to restrict access to crime scenes on school property.Codes of Conduct, Principal Suspension and Teacher Removal – Requires the Board of Education to adopt a Code of Conduct which is developed in collaboration with student, teacher, administrator and parent organizations, school safety personnel and other school personnel. The school board may adopt a Code of Conduct only after at least one public hearing. The Code of Conduct must be reviewed at least annually and amended as necessary only after at least one public hearing. All Codes of Conduct and amendments must be filed with the Commissioner of Education within 30 days of adoption by the Board of Education. Section 2801 of the Commissioner of Education’s Regulations is repealed and replaced by the new Code of Conduct section. Full compliance with this provision of the regulation is expected by July 1, 2001.Code of Conduct – Each code of conduct must include at a minimum the following:Provisions for appropriate conduct, dress and language and acceptable civil and respectful treatment of teachers, school administrators, and other school personnel, students and visitors on school property and at school functions; appropriate range of disciplinary measures which may be imposed for violation of such code; the roles of teachers, administrators, other school personnel, the Board of Education and parents.Standards and procedures to assure security and safety of students and school personnel.Provisions for removal from the classroom and from school property, including a school function, of students and other persons who violate the code.Disciplinary measures related to possession or use of illegal substances or weapons, the use of physical force, vandalism, violation of another student’s civil rights and threats of violence.Provisions for detention, suspension and removal from the classroom of students and policies and procedures for continued educational programming and activities for students removed from the classroom, placed in detention, or suspended from school.Procedures to determine and report violations, discipline imposed and how carried out.Provisions which ensure the code of conduct complies with laws related to students with disabilities.Provisions to notify local law enforcement of code violations which constitute a crime.Provisions which explain when and how parents will be notified of a student code violation.Provisions by which a complaint in criminal court, a juvenile delinquency petition or person in need of supervision petition, as defined in Articles three and seven of the Family Court Act, will be filed.Circumstances under and procedures by which referral to human services agencies shall be made.A minimum suspension period for students who repeatedly are substantially disruptive (as defined by the Commissioner) of the educational process.A minimum suspension period for acts that would qualify the pupil to be defined as a violent pupil. Teacher Removal and Principal SuspensionTeachers have the authority to remove a disruptive pupil from the classroom as defined by the discipline measures contained in the Code of Conduct. Teachers are required to report and refer a violent pupil to the principal or superintendent for a violation of the Code of Conduct. Principals and superintendents have the authority to suspend an insubordinate, disorderly, disruptive or violent pupil for up to 5 days. The district is required to implement policies and procedures to provide for continued educational programming and activities for the pupil removed from the classroom. Violent and Disruptive Pupils are defined as follows:Violent Pupil – An elementary or secondary student under the age of 21 who:Commits an act of violence upon a teacher, administrator or other school mits, while on school property, an act of violence upon another student or other person lawfully upon school property.Possesses, while on school property, what appears to be a gun, knife, explosive or other dangerous instrument capable of causing death or physical injury.Displays, while on school property, what appears to be a gun, knife, explosive or other dangerous instrument capable of causing death or physical injury.Threatens, while on school property, to use any instrument that appears capable of causing physical injury or death.Knowingly and intentionally damages or destroys the property of a teacher, administrator, other school district employee or any person lawfully upon school district property.Knowingly and intentionally damages or destroys school district property.Disruptive Pupil – An elementary or secondary student under the age of 21 who is substantially disruptive of the educational process or who substantially interferes with the teacher’s authority over the classroom.When a student is removed from a classroom, the following is required:The teacher must inform the pupil and the principal of the reasons for the removal. If the teacher finds the student’s continued presence to pose an ongoing danger, the teacher must provide the pupil with an explanation of the basis for removal and an informal opportunity to be heard within 24 hours of removal. If the teacher does not find a continued threat of ongoing danger, the teacher shall provide the explanation and allow the pupil to present his/her version of relevant events prior to removing the pupil from the classroom.The principal shall inform the parent of the pupil’s removal from the classroom and the reasons within 24 hours of removal. Upon request, the pupil and parent shall be given the opportunity for an informal conference with the principal. If the pupil denies the charges, the principal shall give the pupil and the parent the opportunity to present the pupil’s version of the events within 48 hours of the pupil’s removal.The principal is not authorized to set aside the discipline imposed by the teacher unless the principal finds that the charges against the pupil are not supported by substantial evidence or in violation of law or that the conduct warrants suspension from school. The principal’s decision shall be made by the close of business on the day succeeding the 48-hour period for an informal hearing with the principal.Upon suspension from school, the following procedures are required:The suspending authority shall provide the pupil with notice of the charged misconduct. If the pupil denies the misconduct, an explanation of the basis for suspension will be provided.Upon request, the pupil and parent shall be given an opportunity for an informal conference with the principal, at which time an opportunity will be provided to present the pupil’s version of the event and to ask questions of complaining witnesses.The notice and opportunity for an informal conference shall take place prior to the suspension of the pupil unless the pupil’s presence in school poses a continuing threat, in which case the notice and opportunity for an informal hearing shall take place as soon as practicable following the suspension.The Board of Education shall provide copies of a summary of the Code of Conduct to all students at a general assembly held at the beginning of the school year, and shall make copies of the Code available to persons in parental relation to students at the beginning of each school year. A plain language summary of the Code shall be mailed to all persons in a parental relation to students before the beginning of each school year, and made available thereafter upon request.Character Education – The regents shall ensure that the course of instruction in grades K-12 includes a component on civility, citizenship and character education. The regents shall determine how to incorporate into existing curricula the principles of honesty, tolerance, personal responsibility, respect for others, observances of laws and rules, courtesy, dignity and other positive traits. Full compliance with this provision of the regulation is expected by July 1, 2001.Fingerprinting – All prospective school district employees and all individuals who apply to the State Education Department for teacher or educator certification will be fingerprinted for a criminal history background check in order to be cleared for employment at a school or for certification. The law does not apply to current employees. This law will also apply if a currently certified individual applies for additional certification. Full compliance with this provision of the regulation is expected by July 1, 2001. SED will collect two sets of fingerprints and a $99 processing fee, effective July 1, 2003, from each applicant and submit them to DCJS. The fee can be waived for individuals demonstrating financial hardship. Criminal history records, if any, will be sent by DCJS and the FBI to SED for review and consideration of whether any convictions or outstanding arrests justify denial of clearance for employment or certification. Applicants who are denied clearance will be afforded an opportunity to challenge the determination by SED and to review and challenge the content of the criminal history record through a record review process afforded by DCJS.The conditional appointment and emergency conditional appointment authority granted to school districts is extended from July 1, 2003 to July 1, 2005.Child Abuse Reporting and Prohibiting Silent Resignations – Applies to teachers, school nurses, guidance counselors, psychologists, social workers, administrators, board members, superintendents and other school personnel required to hold teaching or administrative licenses or certificates. Full compliance with this provision of the regulation is expected by July 1, 2001. Child Abuse ReportingChild abuse in an educational setting is defined as any of the following acts committed against a child in an educational setting by a school employee or volunteer:Intentionally or recklessly inflicting physical injury, serious physical injury or death.Intentionally or recklessly engaging in conduct which creates a substantial risk of such physical injury, serious physical injury or death.Any child sexual abuse defined as any conduct prohibited by Article 130 or 263 of the Penal Law.Requires the immediate reporting of allegations of child abuse in an educational setting to school authorities, parents and law enforcement, in the following manner:Mandatory reporters are teachers, school nurses, guidance counselors, psychologists, social workers, administrators, board members, and other school personnel required to hold a teaching or administrative license or certificate.Mandatory reporter must prepare a written report of the allegations and transmit to the school administrator.School administrators who receive such written reports will determine whether there is reasonable suspicion to believe that child abuse has occurred and notify the child’s parents and forward the report to appropriate law enforcement authorities.District Attorneys will be required to notify the superintendent of the filing of an indictment or accusatory instrument, conviction and suspension or termination of a criminal investigation with respect to such reports. District Attorneys will also be required to notify the Commissioner of Education of the conviction of a certified individual.Willful failure to make a required report will be a Class A Misdemeanor.Individuals who in good faith comply with the reporting requirements will be entitled to immunity from any civil liability.Prohibiting Silent ResignationsEnds the practice of silent resignations whereby school authorities allow a person to resign rather than disclosing allegations of child abuse by bringing disciplinary actions through the Education Department or filing a complaint with law enforcement authorities.If a superintendent permits an employee to resign under these circumstances, it will be a Class E Felony, punishable by up to a maximum of 4 years in prison and a civil penalty not to exceed $20,000.Individuals who in good faith comply with the reporting requirements will be entitled to immunity from any civil or criminal liability.Uniform Violent Incident Reporting – Requires the Commissioner of Education and DCJS to develop a statewide system of reporting violent incidents on school grounds. Full compliance with this provision of the regulation is expected by July 1, 2001. Schools will report to the Commissioner on an annual basis, at a minimum, the following data:Number and type of violent incidents.Number of suspensions and other forms of discipline.Location where the incident occurred.If a weapon was involved, the type of weapon used.Actions taken, including whether the incident was reported to law enforcement officials and if disciplinary action was taken against the offenders.Any student discipline or referral action taken against a student and the duration of such action.Age and grade of disciplined pupils.Nature of the victim and the victim’s age and grade.Filing Requirements:Data to be reported on an annual (school year) basis and a summary of this information will be included on school report cards.Reporting Requirements:By January 1 of each year, the Commissioner will be required to:Report to the Governor and the Legislature the prevalence of violent incidents on school grounds and the effectiveness of school programs undertaken to reduce violence and assure safety of students and staff.Summarize the data from the violent incident reporting system and identify the schools and school districts with the least and greatest number of violent incidents and the least and most improvement since the previous school year.Report on the effectiveness of school violence measures undertaken by school districts, including the school codes and school safety plans required by this law.Reporting Sentences to Schools – Full compliance with this provision of the regulation is expected by November 1, 2000. Applies to criminal courts, family courts and Office of Children and Family Services and all public school districts as follows:Family and criminal courts must provide notification of all juvenile delinquency adjudications of a student that has been placed with the Office of Children and Family Services pursuant to Family Court Act §353.3 and later enrolls in a school, and all criminal convictions and youthful offender adjudications of a student to the Designated Educational Official of the district where the student is enrolled.A Designated Educational Official is an individual designated by a school district to receive these notification records and to coordinate the student’s participation in programs which may exist in the school district or community which address school violence prevention and intervention. The information received by the school district from the court system is confidential and does not enter the student’s permanent school record. This information is only to be used for purposes related to the execution of the student’s educational plan.Whistleblower Protection for Employees Reporting Acts of Violence – Compliance with this provision of the regulation is expected by July 1, 2001 and applies to all school district employees.School employees who have reasonable cause to suspect that a person has committed an act of violence in or on school property or upon a student, school employee or volunteer either on school grounds or elsewhere, or that a person has brought a weapon, bomb or other dangerous instrument on school grounds, will have immunity from civil liability for reporting those suspicions in good faith to school officials, to the Commissioner or to Law Enforcement Officials. Such employees will also be protected from any retaliatory action by the school district or other school employees.Omnibus School Violence Prevention Grant Program – Compliance with this provision of the regulation is expected by July 1, 2001 and provides the mechanism for and establishes standards under which the Commissioner may dispense grants under the Extended School Day/School Violence Prevention Program which is funded in the budget. Eligible programs include:Safety corridors programs.Diversity programs.School safety programs in conjunction with law enforcement agencies or community-based organizations.Metal detectors, intercom and other intra-school communication devices to increase school security and safety.Other programs, including comprehensive school-based intervention models approved by the Commissioner, which reduce school violence and improve school safety.Programs conducted outside the regular school day, such as extracurricular enrichment activities, including athletics, academic enrichment, art, music, drama, academic tutoring, mentoring, community services and related programs to increase student achievement and contribute to school violence prevention.School Violence Prevention Training – Effective date for this provision of the regulation is November 1, 2000 and applies to all school districts and applicants for certification as follows:Requires school violence prevention training in regular conference days.Individuals applying for teacher, teaching assistant, pupil personnel service professional, school administrator or supervisor or superintendent of schools certification on or after February 2, 2001 will be required to have completed two hours of course work or training in school violence prevention and intervention training in their professional development plans.Interpersonal Violence Prevention Package and Health Curriculum Changes – The effective date of this provision of the regulation is November 1, 2000, and it applies to the Commissioner of Education and Board of Regents as follows:The Commissioner will be required to develop an interpersonal violence prevention package for grades K-12 and to encourage the use of the material in the health and other related curricula. The Board of Regents will be required to review the health curriculum to modify the requirements to ensure that students have sufficient time and instruction to develop, no later than middle school, the skills necessary to address and understand issues of violence prevention and mental health.Expanding Teacher Discipline – The effective date for this provision of the regulation is November 1, 2000 and applies to individuals holding teaching certificates. It expands the Commissioner’s authority in administrative proceedings brought against individuals holding teaching certificates to include:Suspension of the certificateWholly, or for a fixed period of time.Partially, until the teacher successfully completes a course of retraining in the area to which the suspension applies.Wholly, until the teacher successfully completes a course of therapy or treatment.Limitation on the scope of the certificate through revocation of an extension to teach additional subjects or grades.A fine not to exceed $5,pletion of a course of continuing education.Felony Assaults – The effective date for this provision of the regulation is November 1, 2000 and applies to any individual who assaults a school employee on school grounds, and any non-student who assaults a student on school grounds as follows:Such assaults will be a Class D Felony rather than the current Class A Misdemeanor, and will carry a sentence of up to 4 years imprisonment.Plan for Enrolling Juvenile Delinquents in Educational or Vocational Programs upon Release from Placement in Youth Detention Facility – The effective date for this provision of the regulation is July 1, 2001 and applies to Office of Children and Family Services youth detention facilities, local social service commissioners and other persons or agencies having custody of youth placed by order of a family court. It changes the time for filing of reports at the conclusion of placement of a youth by the Family Court and expands the scope of the reports as follows:The reports will include a plan for the release or conditional release of the youth to the custody of his/her parent(s), to independent living or to another alternative. If the youth is within the age for compulsory education, the plan must include the steps taken to facilitate the enrollment of the youth in a school or educational program. If the youth is beyond the age of compulsory education and chooses not to pursue an educational program, the plan must include the steps taken to assist the youth to become gainfully employed or enrolled in a vocational program following release.When the agency is not seeking to extend placement, reports must be filed no later than 30 days prior to the conclusion of placement. When the agency is seeking interest to extend placement, reports must be filed no later than 60 days prior to the date on which the permanency hearing must be held and shall be attached to the petition for a permanency hearing and extension of placement. SCIENCE LABORATORIESOSHA Standard - 29 CFR 1910.1450 - Effective Date - May 1, 1990SED Law Section 305, Subdivision 19 - Effective Date - July 1, 1991Employees who work in laboratories are generally exposed to many different chemicals in smaller quantities and for shorter periods of time than workers in general industry. The Occupational Safety and Health Administration (OSHA) Standard for Occupational Exposure to Hazardous Chemicals in Laboratories was developed to recognize these differences, while still protecting laboratory employees from occupational exposure to hazardous chemicals. The Standard emphasizes the use of work practices and effective worker protection in a laboratory scale work environment. Laboratory scale is defined as “work with substances in which the containers used for reactions, transfers, and other handling of substances are designed to be easily and safely manipulated by one person.” The State Education Department (SED) also has requirements regarding storage of hazardous chemicals in science facilities. Enforced by New York State Department of Labor (PESH Unit) (516-228-3970).COMPLIANCE ISSUESWritten Chemical Hygiene Plan (CHP), updated annually, available for review. Designate a Chemical Hygiene Officer or Chemical Hygiene Committee. Employee exposures must not exceed OSHA permissible exposure limits (PEL).Initial employee exposure determination. If exposure is over the action level or PEL, periodic monitoring is necessary.Employee training and information to ensure that employees are aware of the hazards of chemicals in their work area.Medical consultation and examinations for employees exposed to chemicals.Hazard identification via labels and Material Safety Data Sheets (MSDSs).Respirators provided at no cost when necessary to maintain exposure below PELs.Records of employee chemical-exposure monitoring and medical consultation or examinations. Inventory of science chemicals must be prepared annually.Storage of chemicals for science to be in locked and secure storage rooms and cabinets (properly ventilated and with fire protection). Chemicals must be segregated by compatibility.TRAINING REQUIREMENTSTraining must be provided at the time of initial assignment and prior to assignments involving new exposure situations.Employees must have access to a copy of the Standard and its rmation must be provided on: the contents of the Standard and its appendices; the location, availability, and details of the Chemical Hygiene Plan; the PELs and other recommended exposure limits for hazardous substances; signs and symptoms of exposure; location, and availability of MSDSs and other reference materials.Training must include: detection and monitoring of hazardous chemicals; physical and health hazards of chemicals; protection measures such as work practices, engineering controls, emergency procedures, and personal protective equipment. SECURITY GUARD ACTNYS General Business Law Articles 7 & 7-A and 19 NYCRR Parts 170-174Effective Date - January 1, 1994The Security Guard Act seeks to assure public safety and welfare by requiring security guards to meet certain minimum standards. It requires security guards to be registered with the New York State Department of State and to complete a series of training PLIANCE ISSUESResponsibility for the Security Guard Act is divided between two agencies: The New York State Department of State regulates security guard employers, security guard registration, and program enforcement (518-474-4429); and the New York State Division of Criminal Justice Services approves security guard schools, training courses, and certification of instructors (518-457-4135).Application for security guard registration, with photograph, security guard employment status notification, employee statement, course completion certificate, and fingerprint cards must be filed with the Department of State.The New York State Department of State will issue registration cards for all security guards.Private or contracted security guard agencies are responsible for meeting all requirements of the law for their own employees.Employers must maintain records of employees who are security guards.Security guards must complete three training courses conducted by certified instructors at approved training schools (see “Training Requirements” below). Armed guards must take additional training and have a special armed guard registration card.Training providers must issue certificates of completion after each training course.Training and registration requirements do not apply to non-compensated volunteers, active police officers, and temporary employees hired for discrete events totaling not more than 15 days annually.A Security Guard Employment Status Notification Form must be filed within 15 days following employment, retirement, resignation, or termination of a security guard.Security guard registration costs include a New York State Department of State $36 registration/application fee. Fingerprint fees include $75 for the New York State Department of Criminal Justice, $14.75 for the FBI and $9.95 for the fingerprint vendor. There is a $25 biennial renewal fee.Satisfactory proof of self-insurance or a Certificate of Insurance showing comprehensive general liability coverage must be filed with the Department of State for a minimum of $100,000 per occurrence and $300,000 aggregate.TRAINING REQUIREMENTSThe three training courses are as follows: 8-Hour Pre-Assignment Training Course must be completed in order to register; 16-Hour On-The-Job Training Course within 90 working days following employment; and 8-Hour Annual In-Service Course for renewal of security guard registration.TOBACCO USEU.S. Title X of Goals 2000: Educate America ActPro-Children Act of 1994Effective Date - December 26, 1994The New York State Pro-Kids Act of 1994Effective Date - August 25, 1994New York State Clean Indoor Air Act: Public Health Law; Articles 13E & 13FEffective Date - January 1, 1990Public Health Law Section 1399-oEducation Law Section 409, Subdivision 2Effective Date - September 5, 2012 Exposure to tobacco smoke in public places was first regulated in New York by the Clean Air Act of 1989. It prohibited smoking in all classrooms (when used for instruction), elevators, restrooms, medical facilities, and gymnasiums in public and private elementary and secondary schools and other educational or vocational institutions. The New York State Pro-Kids Act of 1994 amends the Public Health Law and Education Law by further restricting tobacco use. It prohibits tobacco use in buildings, on school grounds, and in any vehicle used by a school, such as school buses or vans. It curtails exposure to tobacco use and prohibits out-of-package sales of tobacco products. Smoking by staff members in a designated smoking area during non-school hours is permitted. However, school hours include any student activity that is supervised by staff, as well as any other event officially sanctioned by the school, even when students are not present. The Federal Pro-Children Act of 1994 goes even one step further and prohibits any tobacco use in any school building at any PLIANCE ISSUESSmoking is prohibited within any indoor facility, public or private, where kindergarten, elementary, or secondary education or library services are being provided to children.Smoking is prohibited anywhere on school grounds.Tobacco use is prohibited at any time in all vehicles used for school purposes regardless of whether or not students are on board.The use of smokeless tobacco, such as snuff and chewing tobacco, is prohibited on school grounds at all times.“No Smoking” signs must be prominently posted where smoking is prohibited.Employers must adopt and implement a written policy on smoking.Civil penalties and fines may be imposed for noncompliance.Effective September 5, 2012, smoking shall not be permitted and no person shall smoke within 100 feet of the entrances, exits, or outdoor areas of any public, private elementary or secondary school. Residences or residential property within the 100 foot perimeter would be excluded from the law.WATER QUALITY - DRINKINGFederal Safe Drinking Water Act - 40 CFR Parts 141-143Effective Date - June 6, 1991Lead Contamination Control Act New York Public Health Law 100-57210 NYCRR Part 5-1Effective Date - October 31, 1988In 1974, the Federal Safe Drinking Water Act (SDWA) created a comprehensive national framework designed to ensure the quality and safety of drinking water supplies. Enforcement authority has been assigned to the Environmental Protection Agency (EPA). States may assume primary enforcement authority (primacy) for SDWA if they create State drinking water programs at least as stringent as Federal standards. New York has obtained primacy under SDWA. The New York State Department of Health (518-458-6731) enforces drinking water standards that meet or exceed Federal standards. SDWA and State Law apply to public water systems providing piped water for human consumption to at least 15 service connections or regularly servicing at least 25 individuals a minimum of 60 days per year. New York defines public water systems as having 5 service connections or providing service to 25 people. EPA’s principal function under SDWA has been to develop national primary drinking water regulations which cover contaminants that EPA determines could have adverse health affects and secondary drinking water regulations which address the aesthetic quality of water. Primary drinking water regulations set maximum contaminant levels (MCLs) for biological and chemical contaminants in drinking water. If it is not feasible to specify an MCL for a particular contaminant, EPA may instead establish an action level that allows EPA-designated treatment techniques known to reduce the levels of the contaminant. Secondary drinking water regulations address the aesthetic quality of water for factors that do not affect health such as odor, taste, and appearance. Although MCLs are set for such factors, they are not enforced by EPA or New York State. In 1991, EPA adopted the Lead and Copper Rule which established an action level of 0.015 mg/l (15 ppb) for lead and 1.3 mg/l (1.3 ppm) for copper. Public water suppliers must also assure lead-free distribution plumbing that has solder with no more than 0.2% lead and faucets, pipes, and other plumbing material with no more than 8% lead. EPA and New York State are required to disseminate a guidance document and list of unsafe water coolers to educational agencies. EPA identifies brands and models of drinking water coolers that are not lead-free (interior of water cooler storage tanks cannot contain more than 0.2% lead).COMPLIANCE ISSUESSchools must repair, replace, permanently remove or render inoperable, water coolers on the EPA list. EPA recommends but does not mandate that schools test for lead in drinking water. Testing may only be conducted by State-certified laboratories using EPA-approved methods.If testing is undertaken, then the results of those tests must be provided to the school community.Schools should complete a building plumbing profile survey to identify lead pipe or solder and corrosive water.Schools with lead levels in excess of the EPA action level of 20 ppb should develop a routine flushing program.WORKPLACE SAFETY AND LOSS PREVENTION PROGRAMNew York State Department of Labor - Industrial Code Rule 59 (12 NYCRR 59)Effective Date - January 8, 1997The intent of Code Rule 59 is to reduce workplace injuries and lower workers’ compensation costs for employers. To accomplish this, employers will be notified by the Compensation Insurance Rating Board to arrange for and undergo a workplace safety and loss prevention consultation and evaluation of all worksites, by a Certified Consultant. The consultation will determine if the employer has an effective safety and loss prevention program and if necessary, remedial action will be recommended. The employer must carry out any necessary remediation within 6 months, or an insurance surcharge will be assessed. This rule is enforced by the Workers’ Compensation Unit of the NYS Department of Labor’s (DOL) Division of Safety and Health (518)-457-3427. This regulation does not apply to self-insured school PLIANCE ISSUESEmployers with an annual payroll over $800,000 and whose workers’ compensation experience rating is above 1.2, will be notified in writing by the Compensation Insurance Rating Board that they must have a workplace safety and loss prevention consultation and evaluation of all worksites. Arrangements for the consultation must be made within 30 days of notification.Within 10 days of making the arrangements, the employer must send, in writing, to their insurer and the NYS DOL the scheduled date of the consultation, the date the consultation must be completed, the name and address of the consultant, the consultant’s certification number (if the consultant is not a NYS DOL employee), and copies of Workers’ Compensation C-2 forms for the previous four years.The consultation must be completed and the consultant’s written evaluation received by the employer within 75 days of the above notification.The consultation must include an opening conference, an analysis of the employer’s workplace safety and loss prevention program, an on-site hazard survey of the entire workplace, and a closing conference.The consultant must either be employed by the NYS DOL or must be certified by the NYS DOL. The fee for a NYS DOL employee consultant is $350/day plus any additional costs incurred.The consultant will make recommendations for instituting and maintaining an effective safety and loss prevention program to identify, evaluate, and control workplace hazards, if the employer does not already have an acceptable written program.The employer must send their insurer and the NYS DOL a copy of the consultant’s evaluation report within 30 days of receipt. A written statement detailing any necessary remedial actions must accompany the report.All required remediation must be completed within 6 months of receiving the consultant’s report.The insurer must inspect the employer for compliance with the consultant’s report, within 60 days of the end of the 6 months allowed for remediation. A copy of the inspection report must be sent to the employer and the NYS DOL within 45 days after the compliance inspection.An insurance surcharge of 5% of the employer’s manual rate premium will be assessed on the employer for each policy period of non-compliance.An employer may appeal an insurer’s determination by filing a Notice of Appeal to the NYS DOL and a copy to the insurer within 30 days of receiving the insurer’s report. The Commissioner of Labor will schedule an inspection within 90 days of receipt of the appeal, to make a final written determination to be sent to the employer and copied to the insurer.Board of Cooperative Educational Servicesof Nassau CountyEric B. Schultz, PresidentSusan Bergtraum, Vice-PresidentDeborah Coates, District ClerkMichael Weinick, Vice-District ClerkRonald EllerbeMartin R. KayeFran N. LangsnerRobert “B.A.” SchoenStephen B. WittDr. Robert R. Dillon, District SuperintendentDr. Robert J. Hanna, Deputy SuperintendentDr. Lydia Begley, Associate Superintendent for Educational ServicesJoan S. Siegel, Associate Superintendent for Business ServicesLawrence McGoldrick, Assistant to the Deputy SuperintendentCurriculum, Instruction and TechnologyAnthony Carfora, Executive DirectorDr. Valerie D’Aguanno, Assistant DirectorChris N. Reinertsen, Assistant DirectorHealth & Safety Training and Information ServicePeter La Duca, Executive ManagerBeata Walerych-Janus, Program ManagerTishura Dalrymple, Program ManagerSteve M. Jacob, Program ManagerPaula J. Halprin, Information Technology Aide ................
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