Rochester, NY – Keith Gordon-Smith and his now-defunct company, Gordon-Smith Contracting, Inc. (GSCI), were sentenced this week for a years-long scheme that knowingly exposed workers and the public to dangerous asbestos levels at multiple locations throughout the Rochester area. The case, brought by the Environmental Protection Agency (EPA) and the Department of Justice, revealed a pattern of negligence, deception, and deliberate violations of environmental and worker safety regulations.
From 2005 to 2009, GSCI secured contracts for asbestos abatement projects at sensitive locations including the Genesee Hospital complex, Cobbles Elementary School, Bloomfield Elementary School, the Al Sigl Center, and the Hillside Children’s Center. However, rather than adhering to mandated safety protocols, Gordon-Smith directed workers to illegally remove asbestos-containing materials – specifically copper pipes, ceiling tiles, and scrap metal – without proper training, protective gear, or containment measures. Testimony revealed that asbestos debris frequently fell “like snow” onto the workers, who unknowingly carried the toxic fibers home on their clothing, potentially endangering their families.
The scheme unraveled following complaints to the Occupational Safety and Health Administration (OSHA) in 2007. During inspections of the Genesee Hospital site, Gordon-Smith repeatedly lied to investigators, falsely claiming that no asbestos removal had taken place. Evidence presented at trial demonstrated that Gordon-Smith prioritized profit – stemming from the salvage value of the removed materials – over the health and safety of his employees and the surrounding community. The west wing of the hospital, a six-story structure containing over 70,000 square feet of asbestos, was particularly egregious, with large amounts of the hazardous material left undisposed of and allowed to spread through the building’s infrastructure.
Legal Ramifications
A jury convicted Gordon-Smith and GSCI of eight counts of knowingly violating the Clean Air Act’s asbestos work practice standards. They were also found guilty of making false statements to federal investigators, specifically violating 18 U.S.C. 1001 (false statements), 18 U.S.C. 1519 (destruction/falsification of records), and 42 U.S.C. 7412 (Clean Air Act violations).
The sentencing, handed down on September 21, 2011, saw Gordon-Smith receive a 72-month prison sentence, followed by a 36-month probationary period, and a $1,100 assessment. GSCI, now defunct, was ordered to pay a $4,400 assessment. These penalties reflect the severity of the crimes and the significant risk posed to public health. The EPA and DOJ have emphasized a “zero tolerance” policy regarding violations of asbestos regulations, given the known link between asbestos exposure and debilitating, often fatal, diseases like mesothelioma and lung cancer.
Key Facts
- Defendant: Gordon-Smith Contracting, Inc. and Keith Gordon-Smith
- Location: Rochester, New York
- Timeline: 2005 – 2009 (violations), 2009-2011 (investigation & trial)
- Crime: Illegal asbestos removal, falsification of records, and violations of worker safety regulations
- Sites Affected: Genesee Hospital, Cobbles Elementary, Bloomfield Elementary, Al Sigl Center, Hillside Children’s Center
- Penalties: 72 months imprisonment for Gordon-Smith, $4,400 assessment for GSCI, and $1,100 assessment for Gordon-Smith.
The Genesee Hospital site was subsequently cleaned by another contractor and demolished in September 2010. Authorities urge anyone who may have been present in the west wing of the former Genesee Hospital between January 1, 2007, and the present to be aware of potential asbestos exposure and seek medical advice if concerned. This case serves as a stark reminder of the dangers of asbestos and the critical importance of adhering to environmental regulations to protect public health.
Source: EPA ECHO Enforcement Case Database
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