Marion company pleads guilty to illegal asbestos abatement services

A Marion company that was used by Dartmouth Middle School for the removal and abatement of asbestos flooring in 2021 has pleaded guilty to illegally and improperly completing these services across Bristol and other counties.

Indicted by a grand jury in 2023, Franklin Analytical Services Inc. of Marion and owners Thomas J. McCoog Sr. and Amy Franklin McCoog have since pleaded guilty to violating the Massachusetts Clean Air Act 32 times through illegal abatement operations. 

The company and Thomas McCoog also pleaded guilty to one count each of reckless assault and battery causing serious bodily injury after an asbestos worker fell several stories through a roof in New Bedford after being repeatedly denied protective safety equipment.  

Assistant Superintendent James Kiely said the school used the Marion company’s services in the summer of 2021 for a flooring replacement project, which included removing and abating asbestos tile flooring in seven classrooms. 

During the work, a state inspection revealed the company failed to use water, which is necessary to prevent particles from becoming airborne. Additionally, there were problems with the airflow barriers that the company directed and the flooring wasn’t given enough layers of protective “poly sheeting” in some areas.

A plan for corrective action was made and the state ordered the company to remedy the work, according to Kiely. The school district has not used the company since.  

According to the Attorney General’s Office, asbestos is a hazardous material and known human carcinogen regulated under the Clean Air Act. It is used as fire proofing 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.  

The Massachusetts Department of Environmental Protection requires builders to conduct a professional asbestos survey prior to any demolition or renovation work, to notify the state 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.