A federal judge has sentenced a Rochester, New York-based contractor to six years in prison after a jury convicted him of violating Clean Air Act asbestos work standards and making false statements to an Occupational Safety and Health Administration inspector. United States v. Gordon-Smith, No. 08‑6019 (W.D.N.Y. sentencing 9/21/11). The defendant was also ordered to serve three years of supervised release after his prison term and pay a $1,100 special assessment. His now defunct asbestos abatement company was sentenced to pay a special assessment of $44,000.
The defendant ordered his company’s salvage workers, between January and May 2007, to tear out copper pipes, ceiling tiles and scrap metal from the west wing of the Genesee Hospital, a structure that contained more than 70,000 square feet of asbestos. He lied to the workers, telling them that the demolition project did not involve asbestos. The workers, many of whom did not speak English, had no asbestos training and were not provided with protective clothing or respirators. Defendant was also convicted of six counts of failing to provide required notices to EP A before starting asbestos abatement projects at six sites in the Rochester area. See BNA Daily Environment Report, September 23, 2011.