Oct 26, 2009 - Owner of Safety Company Indicted for Asbestos Scheme
Rogelio Lowe of Thornton was accused of falsely certifying workers for asbestos removal. Lowe, owner of E&D Environmental Safety Training Inc in Hayward, was indicted last week by federal grand jury for falsifying documents, issuing fraudulent certificates, and mail fraud. Lowe’s company is supposed to provide occupational training that satisfies federal law standards for removal of asbestos, lead and other environmental toxins.
Asbestos is a naturally occurring mineral that was once widely used in many industries, including building, ship repair, auto repair, mining and milling. Asbestos is now known to be highly carcinogenic and can cause serious illnesses, such as asbestosis, mesothelioma, and lung cancer. Because of the dangers of asbestos, the federal government has strict regulations around the removal, handling, and disposal of asbestos containing products. Anyone who is involved in asbestos abatement work is required to have been properly trained and certified by the state according to federal standards. They are also required to complete an annual one day refresher course to keep their certification current.
Lowe’s classes were supposed to satisfy these requirements by offering four full days of training, 14 hours of hands on training and a closed book, written exam. Lowe is charged with not fulfilling the hours of class time or hands on training time, and also supplying answers and falsifying test results. He is also accused of fully charging employers for the four day and one day renewal classes despite failure to actually deliver the service.
Lowe then supplied Cal OSHA (Occupational Safety and Health Administration) with a list of names of students who supposedly completed the training successfully and passed the test, when it is alleged they had not. These students were then issued state certificates to perform asbestos abatement.
The major concern is that without proper training, anyone handling asbestos containing materials or removing asbestos may cause themselves or others to be exposed. Although chances of getting mesothelioma and other asbestos related diseases increase with repeat exposure, illness can occur with a single incident. The best prevention is complete avoidance of any exposure. Asbestos abatement workers are expected to know how to handle and remove asbestos so that no exposure occurs.
Lowe was released on a bond of $200,000 and is scheduled to appear in court on November 12.