Regulatory Compliance List Yellow highlight indicates frequency
American with Disabilities Act – OSHA 28 CFR Part 36 PL 101-336-1990
Initial survey completed and implementation of 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 the form of a letter, newsletter or official ad. Six-month surveillance inspections are ongoing. Three-year and Triennial inspections (Due 2016, 2019, 2021, etc.). 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 materials (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 60 days of hire for those who do Class IV work, i.e. buffing floors or changing light bulbs in asbestos containing work areas.
Automatic External Defibrillators (AED) – Education Law section 917
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.
Backflow Prevention & Testing – 10 NYCRR Section 5-1.31
Cross connection control - Effective Date 01/17/2018
All protective devices (backflow preventers) shall be inspected and tested by a certified backflow prevention device tester, as prescribed in subdivision (b) of this section, at the time of initial installation, after each repair, and annually thereafter. Records of such tests shall be made available to, reviewed by, and maintained by the supplier of water. All protective device tests and inspections shall be conducted by a certified backflow prevention device tester (“tester”) using form DOH-1013 - Report on Test and Maintenance of Backflow Prevention Device. The original goes to the property owner, another copy goes to the water supplier, and the designated local health department, and a copy for the tester's file. The form has to be submitted to the above listed parties within 30 days of the completed test.
Bloodborne Pathogens – OSHA 29 CFR 1910.1030
Annual awareness training required for all staff. Vaccinations must be offered to at-risk individuals for Hepatitis B. District must maintain a written Exposure Control Plan and update that plan annually.
Boiler Inspection – NYS Industrial Code Rule 4 & 14 and ASME 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 – 8 NYCRR Part 155.4
Completed by a licensed architect or engineer on a 5-year cycle, according to when the district started in the state-wide rotation schedule.
Chemical Hygiene Laboratory Safety Plan – OSHA 29 CFR I910.1450.
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. Plans must be reviewed annually, updated as necessary and readily available. Maintain inventory of chemicals. Maintain SDS's. Appoint a Chemical Hygiene Officer to oversee compliance.
Child Abuse Reporting
Certified school employees and bus drivers (Education Law § 1126 and § 1134 as of 8/13/2019 and retroactive to 6/5/2019) are mandated to report suspected child abuse. This is different from 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.
Dignity for All Students Act (DASA) –NYS Education Law 801-a and 2801
Annual awareness training for all staff. DASA prohibits the harassment and discrimination of students by students and by school personnel. Each school’s Code of Conduct must reflect the prohibition of discrimination and harassment of students by students or staff in age-appropriate language. Districts must appoint at least one staff member in each school as the Dignity Act Coordinator to handle all bullying incidents on school property including athletic fields, playgrounds, parking lots, in school buildings, on a school bus/vehicle, as well as at school-sponsored events or activities. Administrators must report incidents of bullying or bias-based harassment to the NYS Department of Education.
Drug and Alcohol Testing Department of Transportation - 49 CFR and 4 CFR Parts 382, 391 and 40.
Testing on a quarterly basis for bus drivers and transportation employees. The Department of Transportation mandates a 2-hour reasonable suspicion training for supervisors.
Electronic Equipment Disposal
Electronic Equipment contains heavy metals and is considered hazardous waste. This means it is illegal to dispose of in the trash. Other options are Selling, Reusing or Recycling.
Elevator Inspections – International Property Maintenance Code Section 606 and ASME AI7.1
Elevators shall be maintained to safely sustain 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, generally this is every 6 months. Inspections shall be performed or witnessed by independent inspectors holding an ASME QEI-1 certification.
Emergency Response Planning – Education law § 807 and 2801-a, and NYCRR 8 Part 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. Develop a policy for contacting parents when a student harms themself.
Applicable to every school district and BOCES:
A District-Wide School Safety Team (appointed by the Board of Education) shall create a District-Wide School Safety Plan. The plan shall be updated annually, made available for public comment for 30 days and approved by the BOE prior to September 1st of each school year, and posted to the district website within 30 days of adoption.
A Building-Level Emergency Response Team (BLERT) (appointed by the building principal) shall create a Building-Level Emergency Response Plan (BLERP) for each building occupied by students. The plan shall be updated annually and approved by the BOE prior to September 1st of each school year, and submitted via the State Education Department Application Portal within 30 days of adoption.
Employee Voting Leave - Employers must post a notice, within 10 working days of an election, of an employee's right to be granted up to three hours leave either at the beginning or end of their shift to allow time to vote. The employer cannot ask for proof that the employee actually voted.
Eye Wash / Shower Stations Inspections – OSHA CFR 1926.503
Eye wash stations tested weekly, shower stations tested monthly. Records shall be maintained of such inspections.
Fall Protection – OSHA CFR 1910.23(c) (I)
Required when workers are at heights of 6 feet or more.
Fingerprinting
All new employees must be fingerprinted and cleared to work.
Fire and Emergency Drills – Education Law §807 (1-a), (b) and 2016 NYS Uniform Code Supplement to the 2015 IFC 403.5.4
A minimum of 12 drills must be held each school year. 4 lock-down drills, 8 evacuation drills. 8 of the 12 must be completed before December 31st. Four evacuation drills must be through a secondary means of egress, or fire escape if applicable.
2 additional drills required during summer school session.
Fire Safety Inspections – NYCRR 8 Part 155.4(b), 155.8, Education Law 807(a)
Inspection on an 11-month cycle. Certificate of Occupancy must be posted in a prominent place. District required to publish ad in official paper stating satisfactory completion of the fire safety inspection. For post fire events see NYCRR l55.8 and Education law 807.
Fire Safety Training – NYS Education Law Section 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 – NYCRR 8 Part 155.1(a-4) and 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, the Architect must do the inspections.
Fluorescent Bulb Disposal
Silver-end bulbs AND green-end bulbs are considered Hazardous Waste because both contain mercury. Both can be managed as Universal Waste. This means it is illegal to dispose of in the 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
Refresher training required every 3 years.
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
A comprehensive inventory of all hazardous chemicals shall be maintained. Annual reports/inventory to the local Fire District.
Hazard Communication – OSHA 29 CFR 1910.1200, NYS Right-to-Know Law
Annual training required to all staff. Must have a written hazard communication plan that describes how this standard will be implemented. That plan shall be reviewed/updated annually.
Immunization Survey - NYS Public Health Law section 2164
Annual report to the Department of Health.
Injury and Illness Record Keeping and Reporting – 12 NYCRR Part 801 & OSHA 29 CFR.
(1) Record Keeping and reporting of occupational Injuries and Illness reported on the Annual Summary SH 900.1 or equivalent form. This form must be publicly posted February 1 through April 30th.
(2) Injury and Illness Incident report SH 900.2 or equivalent form filled out at each incident. All workplace 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, 609.3.3.1 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. NFPA 96.
Lead in Drinking Water – NYCRR 10 subpart 67-4, NYS Public Health Law 1370-a and 1110. Final regulation - May 9, 2018, Revised 2022.
Schools shall test all potable outlets used for cooking or drinking every three years, beginning in 2023. 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 receives 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 training, and annual refreshers if job duties or equipment have changed. Appropriate PPE must be provided. The written LO/TO plan shall be reviewed annually and updated as needed.
Movable Electric Partition Doors - NYCRR 8 Part 155.25 & Education law 409-f
Initial training for staff that operates the doors - Records of training 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 the 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 the 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 - NYSDOH 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) 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.
Health & Safety Committees During Construction Projects - RESCUE Regulation 155.5
The health and safety committees shall be expanded during construction projects to include the project architect, construction manager, and the contractors. Such committees shall meet periodically to review issues and address complaints related to health and safety resulting from the construction project. 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 - Section 201-g of the Labor Law, New York State Sexual Harassment Law
All employers must adopt and provide a sexual harassment prevention policy to all employees by October 9, 2018. Schools were granted an extension until October 9, 2019. Annual awareness training required for all staff.
Student Hands Only CPR and AED Awareness Training – Education Law 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.
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
Required 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 all staff. Two-hour training is required for those seeking certification .
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 for each 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.
Workplace Violence Prevention (Section 27-b of Labor Law)
Under the WVPL, as of January 4, 2024, school districts are now required to implement a program with the following components: (1) develop and post a written policy statement; (2) conduct a risk evaluation; (3) develop a Workplace Violence Prevention Program; (4) provide annual training and information for all employees; (5) document workplace violence incidents and maintain those records; and (6) annually review all workplace violence incidents.