CALIFORNIA MAN INDICTED FOR ISSUING FRAUDULENT ASBESTOS CERTIFICATIONS

The U.S. Attorney’s Office in San Francisco, California has charged Rogelio Lowe of E&D Environmental Safety Training, Inc. with scheming to defraud employers by issuing certificates to asbestos removal workers without providing them with the proper training and charging their employers for the full cost of the training. Asbestos is a toxic substance that is covered by federal laws prohibiting its removal from schools, public buildings and commercial buildings by anyone not trained under a program approved by either the Environmental Protection Agency (EPA) or an accredited state program.

In order for asbestos workers to become certified, they must complete, at minimum, a four-day training course of eight hours per day. The 32-hour course must include at least 14 hours of hands-on training, lectures, demonstrations and individual respirator fit testing. Students must pass a closed-book examination in order to receive their certificates and take an annual refresher course afterward. Proper training is necessary in order to protect the health of both the asbestos workers and the community. Asbestos is a known carcinogen. Inhaling asbestos fibers can lead to a number of serious illnesses like lung cancer and mesothelioma, a rare form of cancer that targets the lining of the chest and abdomen.

Per the indictment, Lowe’s asbestos certification training course did not comply with federal law. The course was not taught for the required number of hours, sometimes holding classes that lasted for fewer than 30 minutes. He also provided answers for the closed-book exams and forged examinations for students who did not attend on test day. Lowe then issued certificates to his students and charged their employers the full cost. The indictment alleges that Lowe also submitted class rosters to the California Division of Occupational Safety and Health that indicated the students had successfully completed the training and passed their exams, even though he knew they had not.


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