Asbestos Removal Training Center Owner Convicted of Making False Statements to EPA and RIDOH

PROVIDENCE, RI - The owner of a Rhode Island-based asbestos abatement training center admitted to a federal judge on Tuesday that he provided false documentation to the Rhode Island Department of Health, attesting that nearly two dozen individuals paid for, attended, and successfully completed an Environmental Protection Administration (EPA)-approved abatement training program when, in fact, no one attended the classes, announced United States Attorney Zachary A. Cunha.

The Toxic Substances Control Act, implemented by the EPA, requires that workers who perform asbestos abatement attend and pass an EPA-approved asbestos training program which, in Rhode Island, is overseen by the Rhode Island Department of Health (RIDOH).

Jose Virgilio Fernandez, owner of Rhode Island Safety Environment Training Center ("RISE"), was accredited by RIDOH to provide asbestos abatement training courses to workers. An investigation by RIDOH and EPA revealed that, on multiple occasions between 2021 and 2023, Fernandez submitted documents to RIDOH falsely certifying that participants attended all days of instruction and achieved passing examination scores.

As reflected in charging documents and information provided to the court, Fernandez falsely stated in signed documents that twenty individuals, whose names he provided to the RIDOH, attended and successfully completed a five-day, 40-hour program the week of May 22, 2023. In fact, no one attended the training sessions, with the exception of an EPA agent acting in an undercover capacity who attended for two hours on the first day of classes. Fernandez later admitted to the EPA that, in many cases, he issued certificates to asbestos workers even though they did not actually attend or complete the abatement class.

Fernandez pleaded guilty on Tuesday to a federal charge of making false statements. He is scheduled to be sentenced on January 7, 2025. The defendant's sentence will be determined by a federal district court judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.

"Asbestos poses significant health risks when handled improperly," remarked U.S. Attorney Cunha, "and that's why commonsense environmental regulations require that those working with it be trained to do so safely. Fernandez' lies put Rhode Island contractors, not to mention those exposed to improperly handled asbestos, at risk. This week's guilty plea should serve as a reminder to those who cut corners with toxic substances that they will be held accountable."

"Proper training ensures protocols are followed for the handling of hazardous substances, lead, and asbestos by workers and supervisors on jobsites throughout Rhode Island," stated Tyler Amon, Special Agent in Charge for the Environmental Protection Agency's Criminal Investigation Division in New England. "Training providers that cut corners undercut the companies playing by the rules and the integrity of Rhode Island's important training certification mission."

The case is being prosecuted by Assistant United States Attorney John P. McAdams.

The matter was investigated by the Environmental Protection Agency and the Rhode Island Department of Health.

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