Serious Legal Consequences for Asbestos Abatement Violators in Massachusetts

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News Summary

Thomas J. McCoog, Sr. and Franklin Analytical Services, Inc. face legal repercussions after a construction worker’s serious injury highlights unsafe asbestos abatement practices.

Serious Legal Consequences for Asbestos Abatement Violators in Massachusetts

Unsafe Practices Result in Injury and Legal Action

In an alarming turn of events, the Massachusetts Attorney General’s Office has announced that Thomas J. McCoog, Sr. and his company, Franklin Analytical Services, Inc., have pled guilty to serious crimes, including reckless assault and battery causing serious bodily injury. This case comes on the heels of a tragic incident where an asbestos abatement worker fell a staggering 30 feet to a concrete floor due to a complete lack of fall protection while working at the site of the former Revere Copper factory in New Bedford in October 2022.

This incident is a stark reminder of the dangerous conditions many workers face in the construction and asbestos removal industries. The defendants did not only plead guilty to this reckless endangerment but also faced circumstances worse than one might imagine, with an additional 96 counts of violating the Massachusetts Clean Air Act.

Widespread Violations Across Massachusetts Counties

The illegal activities conducted by McCoog and his company regarding asbestos abatement did not simply occur in isolation. Investigations revealed that between 2021 and 2022, violations spanned across multiple counties, including Bristol, Essex, Norfolk, and Plymouth. Specific sites marred by these environmental offenses included Dartmouth Middle School, a local Taekwondo studio, and various industrial sites in New Bedford, Fall River, and North Andover.

Asbestos is recognized as a hazardous material and a known human carcinogen frequently regulated under the Clean Air Act. It has been widely utilized for fireproofing in older building materials. However, when not handled properly, it can release microscopic fibers into the air and create a significant health hazard. These fibers, when inhaled, can lead to severe ailments ranging from asbestosis and lung cancer to mesothelioma, a particularly deadly form of cancer that targets the lining of the lungs and other organs.

Legal Repercussions and Sentencing

In recognition of these serious violations, Justice Raffi Yessayan levied a hefty fine of $293,750 against the defendants and mandated two years of probation. Furthermore, the court has prohibited McCoog, Franklin Analytical Services, and their associates from conducting asbestos abatement work across Massachusetts. For any future construction activities they may pursue, certain strict safety measures must be adhered to.

During this scandalous episode, the importance of worker safety and environmental protections were significantly spotlighted. The proper handling of materials containing asbestos is critically important, as fibers can linger in the air for up to 72 hours once disturbed, dramatically increasing inhalation risks for workers and nearby communities.

Investigation and Prosecution

The charges were brought forward as a result of a thorough investigation conducted by the Massachusetts Environmental Crimes Strike Force. This specialized unit comprises dedicated prosecutors from the Attorney General’s Office, Environmental Police, and engineers from the Massachusetts Department of Environmental Protection (MassDEP). They worked collaboratively to ensure those responsible for these heinous breaches of safety and environmental laws were held accountable. Deputy Chief David Wittenberg represented the Commonwealth in these proceedings, receiving support from various state agencies and the AG’s Fair Labor Division.

The consequences for Franklin Analytical Services, Inc. and its owners are far-reaching. They have been charged with nearly 100 worker safety violations in connection to the illegal asbestos operations found in numerous towns. Among the significant charges are 32 counts each for violating the Massachusetts Clean Air Act, along with one count of serious bodily injury due to the worker’s fall, emphasizing just how far-reaching the repercussions will be for the involved parties.

In a further egregious offense, the defendants reportedly transported uncovered asbestos waste illegally, disposing of it at a recycling center in Stoughton. Such actions not only jeopardize workers but also present severe risks to the public’s health and the environment.

The Attorney General’s Office underlined the paramount importance of ensuring safe practices in asbestos removal and the ramifications that can result from neglecting these crucial regulations. This case may serve as a warning to those in the industry to adhere to stringent safety protocols and environmental standards.