Legal Trouble for Marion Company Over Asbestos Violations

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News Summary

Franklin Analytical Services is facing serious consequences for asbestos abatement violations, including a grand jury indictment and worker safety issues.

Legal Trouble for Marion Company Over Asbestos Violations

A shocking case of negligence has come to light involving Franklin Analytical Services Inc., based in Marion, which has been implicated in serious asbestos abatement violations. The company was hired by Dartmouth Middle School during the summer of 2021 to remove asbestos floor tiles in seven classrooms, but what transpired has raised significant health and safety concerns.

Indictment and Guilty Pleas

In 2023, the Marion-based firm, along with its owners, Thomas J. McCoog Sr. and Amy Franklin McCoog, faced a grand jury indictment for numerous violations linked to their asbestos handling practices. The owners accepted guilt for 32 counts of breaching the Massachusetts Clean Air Act. Additionally, they pleaded guilty to a serious charge of reckless assault and battery after a worker was severely injured on the job site.

A Dangerous Fall

The worker suffered a grave injury after falling from several stories through a roof in New Bedford. This incident occurred after the worker was repeatedly denied essential protective safety equipment, underscoring a blatant disregard for worker safety. Such negligence raises questions about the company’s commitment to following safety protocols, which are crucial for preventing workplace injuries, especially when dealing with hazardous materials like asbestos.

Investigative Findings

During an inspection of the abatement project, the Massachusetts Department of Environmental Protection (MassDEP) discovered alarming failures by Franklin Analytical Services. The company neglected to utilize water during the asbestos removal process, a requirement to keep harmful fibers from becoming airborne. Furthermore, issues regarding inadequate airflow barriers and insufficient protective poly sheeting on the floors were also noted.

As a consequence of these violations, the MassDEP mandated the company to address the identified failures. Since the incident, Dartmouth Middle School has ceased to engage Franklin Analytical Services for any future projects.

The Dangers of Asbestos

Asbestos, a material once widely used in construction, is now recognized as a hazardous material and a known human carcinogen under the Clean Air Act. Improper handling can release toxic fibers into the air, creating significant long-term health risks, including lung cancer, asbestosis, and the dreaded mesothelioma. Asbestos fibers can remain airborne for up to 72 hours after any disturbance, further complicating safety efforts.

Illegal Operations and Broader Impacts

Franklin Analytical Services is suspected of conducting illegal asbestos abatement operations in various towns, including New Bedford and Fall River. Allegations suggest the company unlawfully transported uncovered asbestos waste through numerous municipalities, posing additional risks to public safety.

More Violations in the Area

The local environment is not safe from further violations related to asbestos management. A real estate investment company called Irish Capital Investments recently incurred a fine of $7,000 for failing to adhere to asbestos safety protocols during the demolition of a former nursing home in Marion. The company improperly removed approximately 20,000 square feet of asbestos-containing tiles without keeping them wet, in direct violation of federal regulations.

The demolished building, known as Crestview Acres nursing home, had been empty since 2020. Asbestos exposure is known for leading to severe long-term health issues, with symptoms that may not surface until years after initial exposure.

Ongoing Legal Battles Over Asbestos

Several institutions also find themselves mired in legal disputes over asbestos exposure. Notably, Fairmont State University is facing a lawsuit concerning allegations of asbestos hazards within its buildings. The claims assert that the state has been aware of these dangers since 1987, amplifying community concerns regarding safety and responsibility.

As awareness of asbestos-related health risks continues to grow, the recent actions against Franklin Analytical Services and other companies serve as a worrying reminder of the importance of stringent adherence to safety regulations in the management of hazardous materials.