(3) The Management Plan shall include all the elements contained in 40 CFR 763.93(e). (4) General local education agency responsibilities (as stated in 40 CFR 763.84). Each local education agency shall:

• (a) Ensure that the activities of any persons who perform inspections, reinspections, and periodic surveillance, develop and update management plans, and develop and implement response actions, including operations and maintenance, are carried out in accordance with Subpart E (40 CFR 763);
• (b) Ensure that all custodial and maintenance employees are properly trained as required by Subpart E (40 CFR 763) and other applicable federal and/or state regulations (e.g., the Occupational Safety and Health Administration asbestos standard for construction, the EPA worker protection rule);
• (c) Ensure that workers and building occupants, or their legal guardians, are informed at least once each school year about inspections, response actions, and post-response action activities, including periodic reinspection and surveillance activities that are planned or in progress; or
• (d) Ensure that short-term workers (e.g., telephone repair workers, utility workers, or exterminators) who may come in contact with asbestos in a school are provided information regarding the locations of Asbestos Containing Building Material (ACBM) and suspected ACBM assumed to be Asbestos Containing Material (ACM);
• (e) Ensure that warning labels are posted in accordance with 763.95;
• (f) Ensure that management plans are available for inspection and notification of such availability has been provided as specified in the management plan under 763.93(g);
• (g)
• (A) Designate a person to ensure that requirements of this section are properly implemented; and
• (B) Ensure that the designated person receives adequate training to perform duties assigned under this section. Such training shall provide, as necessary, basic knowledge of:
• (i) Health effects of asbestos;
• (ii) Detection, identification, and assessment of ACM;
• (iii) Options of controlling ACBM;
• (iv) Asbestos management programs;
• (v) Relevant federal and state regulations concerning asbestos, including those in Subpart E (40 CFR 763) and those of the Occupational Safety and Health Administration, U. S. Department of Labor, the U. S. Department of Transportation and the U. S. Environmental Protection Agency.
• (h) Consider whether any conflict of interest may arise from the interrelationships among accredited personnel and whether that should influence the selection of accredited personnel to perform activities under this subpart.

(1) A school district, education service district or public charter school shall develop and adopt a plan, to be known as the Healthy and Safe Schools Plan, for the district or school. The plan must address environmental conditions at the facilities owned or leased by the district or school where students or staff are present on a regular basis. The Department of Education, in consultation with the Oregon Health Authority, the Department of Environmental Quality and other interested stakeholders, shall develop and adopt a model plan to provide guidance to the districts and schools in developing and adopting plans under this section. (2) A school district, education service district or public charter school shall provide a copy of a plan developed and adopted under this section to the Department of Education. The district or school shall annually review the plan. If the information contained in a plan has changed since the preceding annual review due to the acquisition or remodeling of a facility, the termination of regular use of the facility by students and staff or a modification in the method, location, scope, frequency or other aspects of addressing environmental conditions, the district or school shall revise the plan as necessary to address the change in information and provide a copy of the revised plan to the department. (3) A plan developed and adopted under this section must, at a minimum, include the following:

• (a) The identification of, and contact information for, a position within the administration of the school district, education service district or public charter school having responsibility for maintaining and overseeing performance of the plan.
• (b) A list of all facilities of the school district, education service district or public charter school that are subject to the plan.
• (c) Provisions regarding testing for, and reducing exposure to, elevated levels of lead in water used for drinking or food preparation as required under guidelines adopted by the authority.
• (d) Provisions consistent with the United States Environmental Protection Agency Renovation, Repair and Painting Rule set forth in 40 C.F.R. section 745 regarding testing for, and reducing exposure to, lead-based paint.
• (e) Provisions consistent with federal law regarding testing for, and reducing exposure to, asbestos.
• (f) Provisions consistent with ORS 332.345 regarding testing for, and reducing exposure to, elevated levels of radon.
• (g) Provisions for carrying out integrated pest management as provided under ORS 634.700 to 634.750.
• (h) Provisions for installing carbon monoxide detection devices in proximity to fuel burning appliances that emit carbon monoxide, if installation is required under the state building code. (4) A plan described in subsection (3) of this section must provide for any laboratory analysis on test samples to be carried out by a laboratory having a type and level of accreditation recognized as appropriate by the authority. (5) The authority, in consultation with the department, school districts, education service districts, public charter schools and other interested stakeholders, may provide districts and schools with recommendations regarding evidence-based practices for the reduction of environmental conditions not addressed in subsection (3) of this section that may present health concerns if present in district or school facilities. The recommendations may include, but need not be limited to, recommendations regarding:
• (a) Methods for limiting or reducing exposure to high levels of diesel engine exhaust; and
• (b) Identification of mold, including but not limited to advice regarding how to recognize the presence of mold. (6) The authority shall develop information sheets for use by school districts, education service districts and public charter schools to inform staff, students, parents of minor students and other interested stakeholders about substances that may present health concerns if present in district or school facilities. (7) The department, in consultation with the authority, representatives of school districts, education service districts and public charter schools and other interested stakeholders, shall make opportunities for professional development available to district and school staff regarding plan requirements under this section and the provision of information as required under ORS 332.334.

(1) The Oregon Health Authority shall disseminate information related to elevated levels of radon to each school district in this state. Information disseminated under this section must include:

• (a) Information about radon and the dangers associated with elevated levels of radon;
• (b) The level of radon at which the United States Environmental Protection Agency recommends schools take action to reduce indoor radon concentrations;
• (c) Processes by which schools may be tested for elevated levels of radon; and
• (d) Model plans developed pursuant to ORS 332.345. (2) Dissemination of information under subsection (1)(c) of this section must take into account industry Standard for testing buildings for elevated levels of radon. (3) Upon request, the State Board of Education shall assist the authority in disseminating the information described in this section. Dissemination of information may occur by any reasonable means, including posting the information on a website maintained by the authority or the Department of Education and providing each school district with instructions on how to access the information.

As used in ORS 634.700 to 634.750: (3) “Integrated pest management plan” means a proactive strategy that: (a) Focuses on the long-term prevention or suppression of pest problems through economically sound measures that:

• (A) Protect the health and safety of students, staff and faculty;
• (B) Protect the integrity of campus buildings and grounds;
• (C) Maintain a productive learning environment; and
• (D) Protect local ecosystem health; (b) Focuses on the prevention of pest problems by working to reduce or eliminate conditions of property construction, operation and maintenance that promote or allow for the establishment, feeding, breeding and proliferation of pest populations or other conditions that are conducive to pests or that create harborage for pests; (c) Incorporates the use of sanitation, structural remediation or habitat manipulation or of mechanical, biological and chemical pest control measures that present a reduced risk or have a low impact and, for the purpose of mitigating a declared pest emergency, the application of pesticides that are not low-impact pesticides; (d) Includes regular monitoring and inspections to detect pests, pest damage and unsanctioned pesticide usage; (e) Evaluates the need for pest control by identifying acceptable pest population density levels; (f) Monitors and evaluates the effectiveness of pest control measures; (g) Excludes the application of pesticides on a routine schedule for purely preventive purposes, other than applications of pesticides designed to attract or be consumed by pests; (h) Excludes the application of pesticides for purely aesthetic purposes; (i) Includes school staff education about sanitation, monitoring and inspection and about pest control measures; (j) Gives preference to the use of nonchemical pest control measures; (k) Allows the use of low-impact pesticides if nonchemical pest control measures are ineffective; and (L) Allows the application of a pesticide that is not a low-impact pesticide only to mitigate a declared pest emergency or if the application is by, or at the direction or order of, a public health official.

(1) The governing body responsible for a school shall adopt an integrated pest management plan for use on the campuses of the school. The governing body shall also adopt provisions for:

• (a) Designating an integrated pest management plan coordinator;
• (b) Identifying plan coordinator responsibilities;
• (c) Giving notices under ORS 634.740;
• (d) Retaining pesticide application records under ORS 634.750;
• (e) Providing a process for responding to inquiries and complaints about noncompliance with the integrated pest management plan; and
• (f) Conducting outreach to the school community about the school’s integrated pest management plan.

(2) If a governing body has control over only part of a building, a structure or property where a campus is located, the governing body may limit an integrated pest management plan to those parts of the building, structure or property over which the governing body exerts substantial control.

(3) A governing body is not required to adopt an integrated pest management plan for off-campus buildings, structures or property, notwithstanding any incidental use for instruction.

(4) Unless a governing body expressly provides otherwise, the application of a germicide, disinfectant, sanitizer, deodorizer, antimicrobial agent or insecticidal soap at a campus is not subject to the requirements for a pesticide application under an integrated pest management plan. However, this subsection does not permit the application at a campus of a germicide, disinfectant, sanitizer, deodorizer, antimicrobial agent or insecticidal soap that is a pesticide in a manner that is inconsistent with the goal of the integrated pest management plan.

(5) A governing body shall adopt a list of low-impact pesticides for use with the integrated pest management plan. The governing body may include any product on the list except products that:

• (a) Contain a pesticide product or active ingredient that has the signal words “warning” or “danger” on the label;
• (b) Contain a pesticide product classified as a human carcinogen or probable human carcinogen under the United States Environmental Protection Agency 1986 Guidelines for Carcinogen Risk Assessment; or
• (c) Contain a pesticide product classified as carcinogenic to humans or likely to be carcinogenic to humans under the United States Environmental Protection Agency 2003 Draft Final Guidelines for Carcinogen Risk Assessment.

A governing body may adopt, improve or continue any integrated pest management plan that provides protection against pesticide exposure equal to or greater than the protection against pesticide exposure required by ORS 634.700 to 634.750.

(1) The governing body shall provide for the designation of one or more persons as integrated pest management plan coordinators for the governed schools. A plan coordinator must be an employee of the governed district, unit, school or entity, unless the governing body delegates pest management duties to an independent contractor. Each school shall have the services of at least one integrated pest management plan coordinator. A plan coordinator may serve more than one school. The responsibilities of the plan coordinator shall include, but need not be limited to: (a) Giving notice and posting warnings under ORS 634.740; (b) Overseeing pest prevention efforts; (c) Providing for the identification and evaluation of pest situations; (d) Determining the means of appropriately managing pest damage that will cause the least possible hazard to people, property and the environment; (e) Ensuring the proper and lawful performance of pesticide applications; (f) Evaluating pest management results; and (g) Keeping records as required by ORS 634.750. (2) A plan coordinator shall complete not less than six hours of training each year. The training shall include at least a general review of integrated pest management principles and the requirements of ORS 634.700 to 634.750.

If a school has followed the integrated pest management plan and nonchemical pest control measures were ineffective, subject to ORS 634.730 the integrated pest management plan coordinator may authorize the application of a low-impact pesticide. The low-impact pesticide application must be made by a pesticide applicator or by a public applicator. The use of a pesticide applicator or public applicator to make an application does not cancel, alter or reassign any of the duties imposed under ORS 634.740 or 634.750.

(1) The governing body responsible for a school shall adopt policies and processes for ensuring that the integrated pest management plan coordinator for the school, or a designee of the coordinator, gives written notice of a proposed pesticide application at the campus to, at a minimum, parents and guardians of minor students, adult students, school administrators, faculty members and staff members. The plan coordinator or designee may give a written notice described in this subsection by any reasonable means, including but not limited to, electronic mail. (2) In adopting policies and processes under subsection (1) of this section, the governing body shall consider the age of the students attending the school and consider which methods for transmitting notice are most likely to reach the intended recipients. (3) Except as provided in this subsection, the plan coordinator or designee must give a pesticide application notice in a manner reasonably calculated to reach the intended recipient at least 24 hours before the pesticide application occurs. A notice must identify the name, trademark or type of pesticide products, the registration number assigned to each of the pesticide products, the expected area of application, the expected date of application and the reason for the application. If a pest emergency makes it impracticable to give a pesticide application notice at least 24 hours before the pesticide application occurs, the plan coordinator or designee shall send the notice no later than 24 hours after the application occurs. (4) Except as provided in this subsection, if a pesticide is applied at a campus, the plan coordinator or a designee of the coordinator shall place warning signs around pesticide application areas beginning no later than 24 hours before the application occurs and ending no earlier than 72 hours after the application occurs. A warning sign must bear the words “Warning: pesticide-treated area,” give the expected or actual date and time for the application and provide the telephone number of a contact person. If a pest emergency makes it impracticable to place the warning signs at least 24 hours before the pesticide application, the plan coordinator or designee shall place the signs as soon as practicable but no later than at the time the application occurs. (5) Failure to give notice or post warnings as required by this section does not create a cause of action for damages and may not be asserted as the basis for a per se negligence claim.