The three employed untrained homeless men to do the work. The indictment was handed up by the grand jury on April 2, 1998. Knowingly removing asbestos improperly is criminal. At the suggestion of the Justice Department and EPA, the Coalition is launching a national alert to notify individuals who are homeless, and non-profit organizations across the country who provide employment placement, shelter, and other services to homeless people to be on high alert to these scams. The three men were charged with violating the federal Clean Air Act and fraudulently using social security account numbers to obtain identification documents for untrained asbestos workers.
Asbestos is regulated under the Clean Air Act as a hazardous air pollutant.
Under Clean Air Act regulations, asbestos containing building materials must be removed from demolition and renovation sites, without releasing asbestos fibers into the environment. Among other things, workers must wet asbestos insulation before stripping the material from pipes, and must seal the asbestos debris in leak-tight containers while still wet, to prevent the release of asbestos dust. The laws of most states have specific requirements for asbestos workers. Wisconsin law requires that all asbestos workers be trained in these and other applicable rules and to carry identification cards indicating that they have received such training. The indictment charges Frazier, Gaines, and Bragg with transporting workers recruited from the Community Kitchen, a provider of services for the homeless in Chattanooga, Tennessee, to Wisconsin, obtaining false identification cards for the workers who had received no training, and knowingly causing them to strip asbestos insulation without wetting it as required by federal regulations.