The former administrator, maintenance contractor, and company owner of a Monett, Missouri, skilled nursing facility were indicted by a federal grand jury on Dec. 17, 2025, for conspiring to impede the Environmental Protection Agency (EPA), a related state agency, and the Occupational Safety and Health Administration (OSHA), and for violating the Clean Air Act in connection with asbestos removal.
Defendant 1, 45, of Lawrence, New York, was charged with conspiracy to defraud the United States and violate the Clean Air Act, six counts of violating the Clean Air Act, and one count of making a false statement to a federal agency. Defendant 2, 46, of Granby, Missouri, the facility’s administrator, and Defendant 3, a New York–based limited liability company, were charged with the same conspiracy and Clean Air Act violations. Defendant 2 was also charged with making a false statement to a federal agency.
According to the indictment, Defendant 1’s company was contracted in 2018 to perform maintenance and renovation work at facilities owned by Defendant 3, including the Monett nursing facility, which housed at least 67 residents. In 2020, the defendants planned renovations involving linoleum flooring that contained regulated asbestos.
Despite warnings that the flooring should be tested and removed by a certified asbestos contractor, no testing or abatement was conducted. Renovations proceeded between October 2020 and January 2021 using mechanical equipment that generated visible emissions throughout resident areas, without required safety measures or proper disposal of asbestos-containing waste.
The indictment alleges that Defendant 2 allowed the work to continue despite knowing that no asbestos inspection had occurred. State inspectors later advised that the materials could be regulated asbestos, and both Defendant 1 and Defendant 2 are accused of making false statements to state and federal inspectors regarding their knowledge of the renovation and asbestos concerns.
OSHA’s education on asbestos can be accessed here.
Compliance Perspective
Issue
Employers are obligated to comply with applicable federal and state safety and environmental regulations and to ensure that residents, staff, and visitors are not exposed to recognized health hazards. Prior to initiating construction, renovation, or maintenance activities, facilities must have policies and procedures in place to identify potential environmental risks and to ensure that all work is performed in accordance with regulatory requirements. Failure to follow required standards, including proper assessment, oversight, and documentation, may result in regulatory citations, financial penalties, and increased risk to resident and staff safety.
Discussion Points
- Review policies and procedures related to construction, renovation, and maintenance activities to ensure they address environmental and occupational safety requirements, including risk identification, contractor oversight, and documentation. Facilities should consider incorporating guidance from qualified external consultants when developing or updating policies to ensure alignment with current regulatory expectations and best practices.
- Educate relevant staff on policies and procedures related to construction and renovation activities prior to the initiation of any work. Training should clearly define roles, responsibilities, and escalation processes when potential safety or compliance concerns are identified.
- Periodically audit construction and renovation processes to verify compliance with established policies, regulatory requirements, and documentation standards. Audits may include internal reviews or independent assessments conducted in collaboration with a consultant to identify gaps, support corrective actions, and reduce regulatory and operational risk.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*