Compliance List

Detailed Regulatory Compliance List

Yellow highlight indicates frequency

American with Disabilities Act OSHA - 28CFR Part 36 PL 101-336-1990
Initial survey completed and implement a transition plan report.

Anti-Idle Policy - NYS DEC Subpart 217-3
Idling Prohibition for heavy duty vehicles applies to on road vehicles propelled by diesel and non-diesel designed for transporting people and property.  May not idle for more than five consecutive minutes when the vehicle is not in motion.

Asbestos Notification Letter
Annual notification must be given to all staff and parents in form of letter, newsletter or official ad. Six-month surveillance inspections are ongoing.   Three-year and Triennial inspections (Due 2010). Three-year re-inspection report filed in Management Plan only. Triennial report filed with SED. An Asbestos LEA Designee must be appointed for each school district. If there is no asbestos, your plan would indicate this and no LEA is required.

Asbestos Local Educational Authority (LEA) Designee
Each school district shall designate a person to be approved by the BOE as responsible for oversight of activities and record keeping relating to asbestos containing building material (ACBM) in district owned buildings.  This person is required to attend at least one training session of duties required of this position. They are not required to be certified.

Asbestos Awareness Training - OSHA 29 CFR 763.92 (a) (I)
2 hour awareness initial training within 30 days of hire for those who do Class N work. i.e. Buffing floors or changing light bulbs in  asbestos containing work areas.

Automatic External Defibrillators (AED) Education Law sections 207 & 907
AED's for Adult & Pediatric emergencies shall be provided and maintained on site in quantities and locations adequate to ensure ready and appropriate access for use during emergencies at all school sponsored events.

Bloodborne Pathogens OSHA - 29CFR 1910.1030
Annual training required to all staff. Vaccinations must be offered to at-risk individuals for Hepatitis B. Must Develop a written Exposure Control Plan.

Boiler Inspection - NYS Industrial Code, Rule 4 & 14 and ASM E Codes
External inspections every two years for boilers over 100,000 btu's hour. Internal inspection for steam boilers every 3 years.

Building Condition Survey
Completed by a licensed architect or engineer on a 5-year cycle; 2015, 2020, 2025, etc.

Chemical Hygiene Laboratory Safety Plan OSHA 29CFRI910.1450.
Develop and implement a Science Laboratory Hygiene plan for each building. Must include practices, policies, procedures, training, medical consultation, hazard identification, respirator use and record keeping. Plan must be reviewed annually, updated as necessary and readily available. Maintain inventory of chemicals. Maintain MSDS's.  Appoint a Chemical Hygiene Officer to oversee compliance.

Child Abuse Reporting
Mandated reporting when suspected abuse is by a school employee.  This is different than DSS reporting.

Combustibles - 2015 International Fire Code, 3rd printing, F807.5.2.2 and F807.5.2.3
Artwork and teaching material hung from walls must be fire retardant and not cover more than 20% of corridor walls and 50% of classroom walls.  Combustibles shall not be hung from ceilings or light fixtures, and shall not be stored within 24 inches of ceiling unless in a cabinet. Open flames are prohibited in schools, except in science and tech labs.

Comprehensive Maintenance Plan – NYCRR 8 Part 155.1
Each school district shall develop and keep on file a comprehensive long-range plan pertaining to educational facilities. Such plan shall be reevaluated and made current at least annually, and shall include appraisal of the following: the educational philosophy of the district, with resulting administrative organization and program requirements; present and projected pupil enrollments; space use and State-rated pupil capacity of existing facilities; the allocation of instructional space to meet the current and future special education program and service needs, and to serve students with disabilities in settings with nondisabled peers; priority of need of maintenance, repair or modernization of existing facilities, including consideration of the obsolescence and retirement of certain facilities; and the provision of additional facilities.

Confined Space OSHA CFR I9I0.46
Survey permit required confined spaces. Establish a written program, provide initial trainings and appropriate PPE.

Drug and Alcohol Testing Department of Transportation.49 CFR Omnibus Bus Drivers and Transportation Employee testing and 4CFR Parts 382, 391 and 40.
Testing on quarterly basis for bus drivers and transportation employees. Department of Transportation mandates a 2-hour reasonable suspicion training for supervisors.

Electronic Equipment Disposal
Contains heavy metals and considered Hazardous as a waste.  Can be managed as Universal Waste. This means it is illegal to dispose of in trash. Other than Hazardous Waste disposal, the only other options are Selling, Reusing or Recycling.

Elevator Inspections 19NYCRR 1221 Building Code and 19NYCRR  1226 - Section606 Property Maintenance Code of NYS & ASME AI7.1-2000
Shall be maintained to sustain safely all imposed loads. The most current certification of inspection is required to be on display or available at all times. Frequency of inspection shall be according to ASME AI7.1-2000, generally this is every 6 months. Also required are Third Party Inspections by independent inspectors. These are required annually.

Emergency Management Plan – Education law §2801-a, Commissioner's Regulation 155.17
Train ALL STAFF annually on Emergency Response Plan before Sept 15 each year, or within 30 days of hire.  Include components on violence prevention and mental health.  Submit certification of such training to NYSED. Designate Chief Emergency Officer. Policy for Contacting parents when student harms self.  Every school district and BOCES shall create a district-wide school safety plan and a building level emergency response plan (BLERP) for each building occupied by students. The BLERP shall be updated annually and approved by the BOE prior to September 1st of each school year, then submitted to NYSED and NY State Police within 30 days of adoption.

Evacuation (fire) Drill Frequency – Education Law §807 (1-9) (b)
A minimum of 12 drills must be held each school year. 4 lock-down drills, 8 fire drills. 8 of the 12 must be completed before December 31st. If school has a fire escape, four drills must be through the fire escape. 2 additional Fire drills required during summer school session.

Eye Wash I Shower Stations Inspections OSHA CFR 1926.503
Eye wash stations tested weekly, shower stations tested monthly and records should be maintained of such inspections.

Fall Protection - OSHA CFR 1910.23(c) (I)
Required when workers are in heights of 6 feet or more.

All new employees must be finger printed and cleared to work.

Fire Inspections and Reports - Regulations 155.3, 155.4 and International Fire and Building Codes Annual Fire Inspection and Report.
District required to publish ad in official paper. Inspection on an 11-month cycle. Certificate of occupancy issued after annual inspection, must be posted in a prominent place. For post fire events see Commissioners Regulation l55.8 and Education law 807

Fire Safety Training Section NYS Education Law 808
Staff shall receive annual training on fire prevention.  Every school shall provide a minimum of 45 minutes of instruction in arson and fire prevention to students for each month school is in session.

Five-Year Capital Plan Regulations of the Commissioner of Education Part 155.3 (c) Each school district shall prepare a five-year capital facilities plan no later than July l, 2001 and shall update such plan annually. The plan shall be prepared in a manner and in a format prescribed by the commissioner and copies shall be submitted to the commissioner upon request Architect must do the inspections.

Fluorescent Bulb Disposal
Silver-end bulbs AND green-end bulb are considered Hazardous Waste because both contain mercury. Both can be managed as Universal Waste. This means it is illegal to dispose of in trash. Bulbs shall be stored in sealed, structurally sound containers. Containers shall be labelled as “Used Bulbs,” or “Waste Bulbs,” and dated to indicate the start of each accumulation interval.

Forklift Safety Training - 29 CFR 1910.178

Green Cleaning - Education Law 409-1 and Finance Law 163-b.
The New York State Education and Finance laws were amended in 2005 requiring the procurement and use of environmentally sensitive cleaning and maintenance (also known as green cleaning) products in all public and nonpublic New York State elementary and secondary schools The principal intent of the law was to reduce"...exposures of children and school staff to potentially harmful chemicals and substances used in the cleaning and maintenance of schools." The effective date of this law was September 1, 2006, however the law stipulated that schools may continue to exhaust inventories of cleaning and maintenance products purchased prior to the effective date of the law.

Hazardous Chemical Inventory - OSHA 29 CFR 1910.1200  
Annual reports/inventory to local Fire District.

Hazard Communication - OSHA 29 CFR 1910.1200 (Right to Know)
Annual training required to all staff.  Must have a written plan that describes how this standard will be implemented.

Immunization Survey - New York State Public Health Law section 2164
Annual report to Department of Health.

Injury Illness Record Keeping and Reporting – NYCRR 12Part 801 & OSHA 29 CFR.
(1) Record Keeping and reporting of occupational Injuries and Illness reported on the Annual Summary SH 900.1 form. This form must be publicly posted February 1 through April 30th.  (2) Injury and Illness Incident report SH 900.2. -filled out at each incident. All work place deaths must be reported to OSHA within 8 hours.

Job Hazard Assessment - OSHA 29 CFR 1910.
Initial training and when job duties change.

Kitchen Inspection - 2015 International Fire Code, 3rd printing, F609.3.3.1 through 609.3.3.3
Type I exhaust hoods, grease-removal devices, fans, ducts and other appurtenances shall be inspected at least every 6 months and shall be cleaned at intervals necessary to prevent the accumulation of grease. Cleanings shall be recorded, and records shall state the extent, time and date of cleaning. F904.12.6-Automatic fire extinguishing systems shall be inspected and tested at least every 6 months. NFPA96.

Lead in Drinking Water - NYCRR 10 subpart 67-4, Public Health Law 1370-a and 1110
Schools shall test all potable outlets every five years, beginning in 2020, after the initial testing or at a time determined by the Commissioner of Health. All samples shall be analyzed by a lab approved by the Department’s Environmental Laboratory Approval Program.  Schools must report any exceedances to the local health department within one business day. Exceedances must also be provided in writing to all staff and parents no more than ten business days after receiving the report. Schools must post the results of all lead testing and any remediation plans on its website as soon as possible but no more than six weeks after the school received the laboratory reports. Once test results indicate that lead levels are below the action level, schools may resume use of the water outlet.

LockOut I TagOut OSHA -29 CFR 1910.147
Must have a plan for the control of hazardous energy and unexpected startup of machines that cover the servicing and maintenance of machines and equipment. Must provide initial trainings, and annual refreshers if job duties or equipment have changed. Appropriate PPE must be provided.

Movable Electric Partition Doors Commissioner regulation 155.25 Education law 409-f
Initial training for staff that operates the doors - Records of trainings must be kept. Safety procedures must be posted. Annual training is recommended.

Pesticide Management Program - RESCUE Regulation 155.4(d) (2) and the National School Environmental Act of 1999. A written program must be in place for a least toxic approach to Integrated Pest Management.

Pesticide Notification - Education Law 409-h
Notification given to all staff and students at the following intervals: Can be mailed, in a newsletter or hand delivered. Beginning of school year and summer school sessions within one week of enrollment of new students. If products are used that are not cited as exempt under this law, notification must be given at the above and the following intervals:
  • Pesticide emergency application – notification must be sent to parents/public at least 48 hours’ prior
  • Beginning of school year and summer school sessions
  • Within one week of enrollment of new students
  • Pesticide application must be performed by a licensed applicator
Petroleum Underground Bulk Storage Tanks (UST's) - DEC NYS Bulk Storage Law parts 612, 613 and 614 -6NYCRR. EPA Regulations on Bulk Storage Tanks.
Notify DEC of all storage tanks on school property using DEC tank registration form. Ensure all UST's are provided with leak detection. Monthly monitoring methods must be in place. Yearly corrosion protection on USTs that is exempt from monthly tightness testing. Proper record keeping.

Petroleum Aboveground Bulk Storage Tanks (AST’s) - NYCRR Section 598.7(d)
Must be provided with secondary containment, barriers or other devices to contain spills. Monthly visual inspections by owner. Ten year third party inspections.  Tanks that are resting on grade must be cleaned every ten years, sludge removed from bottom and tested for tightness.

Playground Inspections
Not required under federal or state regulations. However, many insurance companies do require these inspections.

Pool Operator Training & Pool Procedures - NYS DOH Sanitary Code Subpart 6-1
Public swimming pools must be maintained by an individual possessing evidence of the successful completion of NYS Dept. of Health Water Treatment Plant Operator type A or B or an adequate course of instruction regarding safe and effective operation and maintenance of pool treatment equipment.

Pressure Treated Wood CCA in Playgrounds - NYS Senate Bill S7167-A
Prohibits the use of chromated copper arsenate - CCA in pressure treated lumber in the construction of any structure in a playground. Existing structures must be maintained in a manner to minimize leaching of CCA. Sealing wood every 1-2 years is recommended.

Respirator Protection - OSHA 29 CFR 1910.94
Annual training for staff where respirator use is required. Annual fit test, medical evaluation/questionnaire and updates to the written program. Voluntary use of respirators requires staff to read appendix D to Section 1910.134. A copy of which shall be kept on file.

Schools Against Violence in Education (SAVE) - SED regulation chapter 181 of the Laws of 2000
Code of Conduct Annual review and public hearing, staff need to be presented the code.

School Safety Committees During Construction Projects - RESCUE Regulation 155.5
Safety Committees will review and monitor activities. The occupied portion of any school shall comply with the minimum requirements as stated in 155.5 to maintain a certificate of occupancy.

Sexual Harassment - New York State Division of Human Rights
Must have a Sexual Harassment Policy in place. Annual awareness training  required.

Structural inspections - Section 3641 of Education Law and section 155.4 of the commissioner's regulations.
Reports filed with SED. Refer to 5 Year Capital Plan.

Student Hands Only CPR and AED Awareness Training – Education Law sections 101, 207, 305, 308, 804-c, 804-d and Chapter 417 of the Laws of 2014. Section 100.2(c)(11)
Effective October 7, 2015, students are required to complete hands-only instruction in cardiopulmonary resuscitation (CPR) and instruction in the use of Automated External Defibrillators (AEDs) at least once between grades 9-12 prior to graduation.

Summary of Work Related Injuries & Illness form - PESH NYS Labor Law Article 2 Section 27-a. Form SH-900.1.
Must be posted by February 1st of each year and remain posted for the entire month.

Transportation Training - SED Commissioner of Education Regulation Part 156.3
All new bus drivers shall attend an initial 20-hour training following the Basic School Bus Driver Instructional Program.  Provide all bus drivers with a minimum of two hours refresher at least twice a year. Two hours of instruction concerning the special needs of handicapping situations. Physical Performance Test.

Tobacco Free Restrictions - Public Health Law 1399, No Child Left Behind Title IV: Part C, Goals 2000: Educate America.
Posting of tobacco free restrictions and reinforcement of tobacco policy. Prohibits indoor smoking in any indoor space in the entire school building or on school grounds.

Vehicle Lift Inspections
Requires lifts meet the standards of Automatic Lift Institute and be tested by an OSHA designated nationally recognized testing lab. ANSI standards require annual inspection of automotive lifts.

Violence Prevention and Intervention
Initial training for staff. Two-hour training for those seeking certification is required.

Water Treatment Plant Operators - NYSDOH Law Subparts 5-1 and 5- 4 of Part 5 of the Sanitary Code.
Community (CWS's) and Non Transient Non-Community Water Systems (NTNC's) (Schools) must have at least one certified water treatment plant operator even if the system has been issued a disinfection waiver and does not provide treatment. Operators must complete 15 hours of continuing education credit hours over a three-year period.

Wellness Policy - Section 204 Child Nutrition and Women Infants & Children Reauthorization Act of 2004 (pLIOS-265)
All local educational agencies participating in the USAA child nutrition programs were to establish a local wellness policy by July 1, 2006. This includes goals for nutrition education, physical activity and other school based activities based on promoting student wellness.
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