Newark, NY – James Marshall, a former Maintenance Supervisor for the Finger Lakes Office for People with Developmental Disabilities (OPWDD), has been sentenced to 12 months of probation and ordered to pay $6,332 in restitution following a criminal investigation into the negligent handling of asbestos during a building cleanout in 2015. The case, brought forth by the Environmental Protection Agency (EPA), reveals a disturbing pattern of disregard for worker safety and a deliberate misrepresentation of known hazards.
According to court documents, the incident occurred at the Hillcrest Building, an OPWDD property on E. Maple Avenue in Newark. In December 2014, a contract was awarded to a third-party company to handle the building’s cleanout. While Marshall was not involved in the bidding or contract approval process, he became a key figure when asbestos was released into the air during the April 2015 work. Despite prior knowledge of potential asbestos-containing materials within the Hillcrest Building – based on his experience with other buildings on the Newark campus – Marshall allegedly misrepresented the results of asbestos testing to the work crew.
The EPA’s investigation uncovered that on April 9, 2015, Marshall informed the workers that licensed testing had yielded negative results for asbestos. This statement was demonstrably false, as Marshall should have reasonably anticipated the presence of asbestos given the age and construction of the building and his familiarity with similar structures. Following this misleading communication, several workers continued their tasks, unknowingly exposed to dangerous asbestos fibers. Critically, Marshall took no further action to protect the crew from the known, or reasonably foreseeable, hazard.
Legal Ramifications
Marshall was found to have violated 42 U.S.C. 7413(c)(4) of the Clean Air Act, a federal statute designed to protect public health and the environment from the dangers of air pollution. Specifically, this section addresses knowingly endangering individuals with a hazardous air pollutant, in this case, asbestos. The penalty for such a violation can include imprisonment, fines, and restitution for any damages incurred as a result of the negligence.
The restitution of $6,332 was ordered to be paid to Finger Lakes Occupational Health Services, presumably to cover medical monitoring or treatment costs associated with the workers’ exposure. While Marshall avoided jail time with the 12-month probationary sentence, the case serves as a stark warning to supervisors and employers regarding their responsibility to ensure a safe working environment and to accurately communicate potential hazards to those under their charge.
Key Facts
- Defendant: James Marshall
- Location: Hillcrest Building, Newark, NY
- Date of Incident: April 2015
- Crime: Negligent endangerment related to asbestos exposure, violating the Clean Air Act.
- Statute Violated: 42 U.S.C. 7413(c)(4)
- Sentence: 12 months probation and $6,332 restitution to Finger Lakes Occupational Health Services.
- Key Detail: Marshall knowingly misrepresented asbestos testing results to workers.
The EPA continues to prioritize enforcement actions related to asbestos and other hazardous air pollutants, emphasizing the severe health risks associated with exposure and the importance of compliance with environmental regulations. This case underscores the critical need for transparency and proactive safety measures in all construction and demolition projects.
Source: EPA ECHO Enforcement Case Database
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