Fall River Superintendent Tracy Curley announces plans after school cited over noncompliance with Asbestos Hazard Emergency Response Act requirements

FALL RIVER — After an article published by Fall River Reporter on Friday, Superintendent Tracy Curley has announced that Fall River Public Schools has been in communication with State agencies, including the Massachusetts Department of Labor Standards, and the District is implementing an action that includes immediate corrective steps aimed at improving construction operations, including signage and record keeping, at the Robert L. Medeiros Resiliency  Preparatory Academy.

Curley states that earlier this month, the Department of Labor Standards inspected the Academy in response to a community complaint regarding dust, noise and asbestos concerns related to a window renovation project.

As a result of the inspection, DLS issued a citation to the District regarding noncompliance with Asbestos Hazard Emergency Response Act (AHERA) requirements. The majority of the issues cited by DLS surround recordkeeping, window signage and training, however DLS also found issues with poly sheeting in a third-floor hallway and loose caulking in the cafeteria.

“The Fall River Public Schools has a mandate to ensure that we offer healthy and safe learning environments for our students and healthy and safe working environments for our faculty and staff,” Superintendent Curley said. “We will be taking steps to address the AHERA requirements  immediately, and, with the support of a licensed site professional, we have already taken steps to resolve many of the concerns raised, including signage and recordkeeping.”

In the statement Curley noted that, “while the aging building is known to have asbestos, like virtually all large buildings of a certain age, at no point did the DLS report indicate that any students or staff were exposed to asbestos or any other hazardous substance. “

Curley also stated that as part of the DLS process, the District can be assessed a financial penalty, but state regulations allow the School District and DLS to work together to apply 100% of potentially assessed penalties directly to repair and remediation work instead of to the state in the form of a fine.

Fall River Public Schools will dedicate just over $81,000 to this effort (the amount of the penalty), including new signage, training for staff and workers on safety in buildings known to contain asbestos, environmental consulting, and, notably, asbestos hazard abatement, to directly block, encapsulate or remove some existing asbestos from the building.

All corrective actions must be completed by Oct. 13, with written confirmation submitted to DLS. Fall River Public Schools have already begun working on corrective measures, and the District will work with licensed environmental consultants to update management plans, improve signage, provide staff training and verify compliance not just at the R.L.M. Resiliency Preparatory, but at all schools in the District.

“This isn’t about simply taking corrective action in one building. We are examining plans, signage, and training across sites districtwide.” Superintendent Curley said. 

Additionally, Superintendent Curley states that she has implemented a communications plan. Moving forward, all families, staff and union representatives will receive an annual written notification of districtwide asbestos management plans. Copies of those plans will also be available in both the school office and the District administrative office. 

“The health and safety of our students and staff is our highest priority. We take these findings seriously and are committed to resolving every corrective action on the timeline set by the Department of Labor Standards,” said Superintendent Curley. “I will also be taking action to ensure that nothing like this ever happens again and that all construction operations are done in a safe manner that is prescribed for the age and condition of our buildings.

“I believe very strongly in the quality of instruction and programming offered in our Fall River Public Schools, and as leaders it is our responsibility to ensure that staff and students have a safe environment in which to work and learn.”

In response, School Committee Member Collin Dias issued the following statement

“Good afternoon,

“Today, I have toured RPA with Superintendent Tracy Curley and COO Ken Pacheco, and I thank them for their explanations and the tour. I want to share what I have learned.

“𝗔𝗰𝗰𝗼𝗿𝗱𝗶𝗻𝗴 𝘁𝗼 𝘁𝗵𝗲 𝗮𝗱𝗺𝗶𝗻𝗶𝘀𝘁𝗿𝗮𝘁𝗶𝗼𝗻:

“DLS inspected RPA following a complaint about the window repair project. The inspection found that the district has not had an asbestos coordinator for several years and that the legally required asbestos records book is missing. According to the administration, this was the basis for the fines. Plans are now in place to address these issues. The administration also stated that no disturbed asbestos is present that would harm students or staff, and that full removal would cost hundreds of thousands of dollars, so containment is being considered.

“𝑴𝒚 𝒑𝒐𝒔𝒊𝒕𝒊𝒐𝒏 𝒊𝒔 𝒄𝒍𝒆𝒂𝒓:

“It is unacceptable that these safeguards were not in place from the start.

“Let me be damn clear, there shall be no games when it comes to the health and safety of our students and staff. That must never be compromised. Taxpayers should not bear the burden of this failure. While responsibility largely rests with the district, I am also reviewing the role of the outside contractor and have requested their contracts. Although not all, some of these fines fall within the jurisdiction of these outside companies.

“Containment is not enough.

“Is the superintendent going to wait until a student or staff member becomes severely ill, or worse, to follow the law?

“𝐈 𝐰𝐢𝐥𝐥 𝐛𝐞 𝐫𝐞𝐪𝐮𝐞𝐬𝐭𝐢𝐧𝐠 𝐓𝐫𝐚𝐜𝐲 𝐂𝐮𝐫𝐥𝐞𝐲 𝐨𝐫𝐝𝐞𝐫 𝐚𝐧 𝐚𝐢𝐫 𝐪𝐮𝐚𝐥𝐢𝐭𝐲 𝐭𝐞𝐬𝐭 𝐭𝐨 𝐞𝐧𝐬𝐮𝐫𝐞 𝐭𝐡𝐞𝐫𝐞 𝐢𝐬 𝐚𝐛𝐬𝐨𝐥𝐮𝐭𝐞𝐥𝐲 𝐧𝐨 𝐫𝐢𝐬𝐤 𝐭𝐨 𝐬𝐭𝐮𝐝𝐞𝐧𝐭𝐬 𝐨𝐫 𝐬𝐭𝐚𝐟𝐟. 𝐄𝐯𝐞𝐫𝐲 𝐢𝐧𝐬𝐩𝐞𝐜𝐭𝐢𝐨𝐧, 𝐚𝐮𝐝𝐢𝐭, 𝐚𝐧𝐝 𝐫𝐞𝐩𝐨𝐫𝐭 𝐦𝐮𝐬𝐭 𝐛𝐞 𝐦𝐚𝐝𝐞 𝐩𝐮𝐛𝐥𝐢𝐜. Accountability is coming, and our community deserves nothing less than complete transparency and protection.”

Best regards,

CRD