Eagle-Tribune
Franklin Analytical Services Inc. of Marion and its owners, Thomas McCoog and Amy Franklin McCoog , were indicted in April 2023 on 98 criminal counts in connection with worker safety violations and illegal asbestos work conducted in North Andover , New Bedford , Fall River , Dartmouth, Stoughton , Bridgewater , West Bridgewater and Brockton , according to Massachusetts Attorney General Andrea Joy Campbell .
The company and Thomas McCoog were also charged with one count each of reckless assault and battery causing serious bodily injury after an asbestos worker fell several stories through a roof after being repeatedly denied protective safety equipment, according to Campbell.
The company and Franklin McCoog were arraigned on multiple criminal charges in Salem Superior Court and released on personal recognizance. They are now due back in court April 4 . McCoog is scheduled for arraignment on the charges at that time.
As a condition of her release, Franklin McCoog was court-ordered not to violate the Clean Air Act, according to court records.
The AG's Office alleges that the defendants conducted illegal asbestos work at sites which include former industrial and construction sites in New Bedford , Fall River , Dartmouth and North Andover , and illegally transported uncovered asbestos waste through Brockton , West Bridgewater and Bridgewater while en route to illegally dispose of asbestos waste at a recycling center in Stoughton .
The defendants also face arraignment in Bristol Superior Court , Norfolk Superior Court and Plymouth Superior Court .
Asbestos is a hazardous material and known human carcinogen regulated under the Clean Air Act. It is used as fireproofing in a wide variety of building materials, from roofing and flooring, to siding and wallboard, to caulking and insulation, and is especially prevalent in older construction.
If asbestos is improperly handled or maintained, fibers can be released into the air and inhaled, devastating the lungs, causing scarring, malfunction and potentially life-threatening illnesses, including asbestosis, lung cancer and mesothelioma.
Once disturbed, asbestos fibers can remain airborne, and therefore breathable for up to 72 hours. Because of the serious health risks associated with asbestos, there is no safe level of exposure, according information provided by Campbell's office.
The Massachusetts Department of Environmental Protection requires builders to conduct a professional asbestos survey prior to any demolition or renovation work, to notify MassDEP before working with any asbestos-containing material, and to carefully remove, wet, seal and otherwise contain any asbestos-containing material to prevent the release of asbestos fibers into the air. Building sites and equipment must be carefully cleaned. Once removed, asbestos must be transported and disposed of at a special landfill, according to the AG's Office.
The charges are the result of an investigation by the Massachusetts Environmental Crimes Strike Force, an interagency unit that includes prosecutors from the AG's Office, Environmental Police Officers assigned to Campbell's office, and investigators and engineers from MassDEP.
The Strike Force is overseen by Campbell, MassDEP Commissioner Bonnie Heiple and Energy and Environmental Affairs Secretary Rebecca Tepper and investigates and prosecutes crimes that harm the state's water, air, land or that pose a significant threat to human health, safety, welfare or the environment.
In October 2021 , the company and owners were also charged in Rhode Island for failing to pay $12,000 in overtime to five employees working on a job at a middle school in that state, according to a statement from Attorney General Peter Neronha's office.
Follow staff reporter Jill Harmacinski on Twitter/X @EagleTribJill.
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