2 Settle Allegations Of Illegal Asbestos Work On Worcester Homes

WORCESTER, MA—Two companies are dishing out up to $195,000 to settle allegations that they engaged or allowed illegal asbestos work to be done during two renovations of Worcester multi-family homes, Attorney General Maura Healey said.

“Illegal asbestos work can pose serious risks to public health,” said AG Healey in a statement. “We will take action against those who endanger their workers and the public by improperly handling asbestos during construction and demolition work.”

The judgment settles a lawsuit filed by the AG’s Office that alleges that Worcester-based general contractor Capstone General Contracting, Inc. (Capstone), and its owners and managers, Charbel and Christine Najem, violated the state’s clean air law and regulations and the state’s consumer protection law during renovations at the multi-family homes. The lawsuit also alleges that employees from Capstone’s Worcester-based subcontractor, Simulis Plumbing and Heating, Inc. (Simulis), illegally removed asbestos-containing heating pipes from the cellar of one of the homes.

The complaint also says that the AG thinks Capstone let Simulis' employees illegally cut and remove pipes, despite having received multiple price quotes from licensed asbestos contractors to properly remove them. According to the AG’s Office, Capstone and Simulis’ employees illegally stripped the discarded pipes of their asbestos insulation and then disposed of the asbestos-containing in the home’s basement and in the backyard.

Charbel Najem allegedly told the property owner that her contract with Capstone covered asbestos abatement, said the announcement. The AG said that later, Najem told that owner that she was responsible for the abatement after letting the subcontractor’s employees conduct the improper and unsafe asbestos work at the property.

At the second home, the AG’s Office contends that the Najems hired a worker to illegally smash and remove asbestos-containing siding on the house to make way for the installation of new windows, said the announcement. The Najems allegedly never told the worker there was asbestos on the site, despite having proof from a professionally-conducted survey that the siding contained asbestos.

“State regulations establish specific work practices to protect workers and the public from the risks associated with asbestos exposure,” said Commissioner Martin Suuberg of the Massachusetts Department of Environmental Protection (MassDEP), in a statement. “Significant penalties such as in this case serve to deter other contractors from skirting the regulations and risking the public health.”

Capstone and the Najems will pay $150,000 in penalties to the state, $25,000 of which may be suspended if they and their employees complete additional asbestos training and submit all asbestos surveys required for their construction and renovation jobs over the next two years to MassDEP. Simulis is responsible for paying $45,000 in penalties to the state, $20,000 of which may be suspended if its employees complete asbestos training.

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