Laboratory & Analytical Services
How conflicts of interest affect asbestos laboratories. Incompatibilities, regulations, documented fraud cases, and how to protect yourself.
What a Laboratory Does
An asbestos laboratory receives bulk material samples, air cassettes, or soil samples and analyses them using microscopic techniques (Polarized Light Microscopy / PLM, Phase Contrast Microscopy / PCM, Transmission Electron Microscopy / TEM, Scanning Electron Microscopy / SEM). The laboratory confirms whether asbestos is present, identifies the fibre type (chrysotile, amosite, crocidolite, tremolite, actinolite, anthophyllite), and quantifies fibre concentrations in air samples. Laboratory results are the scientific evidence upon which every management decision rests.
The Main Conflict of Interest
When the laboratory also collects the samples it analyses, or when it has a financial relationship with the removal company whose work it is verifying, the entire evidentiary chain is compromised.
- Sampling from locations selected to maximize positive results, while omitting areas likely to test negative
- Manipulating the chain of custody to introduce, swap, or relabel samples
- Underreporting fibre counts in air clearance samples to help a partner removal company pass final inspection
- Overreporting fibre counts in pre-removal surveys to justify more extensive (and more expensive) removal work
- Issuing certificates of analysis without actually performing the microscopic examination
The Rule
The laboratory analyses. It does not collect samples, it does not interpret results with intervention recommendations, and it does not have a financial relationship with the removal company whose work it verifies. Sampling is the surveyor's responsibility. The decision to intervene belongs to the building owner or their independent consultant.
Incompatibilities with Other Roles
The following table shows which roles are incompatible with the Laboratory role on the same project.
| Role | Compatibility |
|---|---|
| Survey | Compatible |
| Removal | Incompatible |
| Air Monitoring | Incompatible |
| Consulting | Compatible |
| Project Mgmt | Compatible |
| Waste Mgmt | Compatible |
| Training | Compatible |
Regulation by Country
How different jurisdictions regulate laboratory independence.
| Country | Regulation | Requirement for this role |
|---|---|---|
| France | Code du Travail, NFX 46-020 | Laboratories performing air analysis for final clearance must be accredited by COFRAC and independent of both the removal company and the surveyor. |
| United Kingdom | HSG248, UKAS ISO 17025 | Laboratories must hold UKAS accreditation and demonstrate impartiality. The analyst performing clearance testing must be independent of the licensed contractor. |
| Spain | RD 396/2006 | Analysis must be performed by an ENAC-accredited laboratory independent of the RERA-registered removal company. |
| United States | EPA AHERA, NVLAP accreditation | Laboratories must be accredited by NVLAP or an equivalent state program. Several states explicitly prohibit laboratories from having financial ties to abatement contractors. |
| Italy | D.Lgs. 81/2008, DM 06/09/1994 | Analysis by qualified, independent laboratories with no connection to the removal firm. |
Documented Cases of Fraud
Real cases where laboratory independence was compromised, with catastrophic consequences.
United States v. Salvagno (AAR / ALA)
New York, United States · 2002–2006
Alexander Salvagno secretly owned Analytical Laboratories of Albany (ALA), which he presented as an independent lab. ALA performed air monitoring and analysis for Salvagno's own removal company, AAR. The fraud encompassed up to 75,000 falsified laboratory samples. Buildings declared clean -- including elementary schools, churches, hospitals, and the New York Legislative Office Building -- still contained asbestos. AAR performed 1,555 illegal "rip and run" removals where asbestos was torn out without containment, negative pressure, or worker protection.
Sentenced to 25 years in federal prison -- the longest sentence for an environmental crime in U.S. history. Forfeiture of $2 million, restitution order of $23 million.
Certified Environmental Services (CES)
Utica, New York, United States · 2010s
CES was an accredited air monitoring laboratory that conspired with Aapex Environmental and Paragon Environmental (removal companies) for nearly a decade. CES falsified air clearance results, certifying that asbestos removal had been properly completed when it had not. Houses, schools, and commercial buildings were declared safe for occupancy while asbestos-containing materials remained in place.
Convicted under the Clean Air Act and mail fraud statutes. Multiple defendants sentenced to federal prison.
Red Flags for Building Owners
- The removal company insists on using a specific laboratory and discourages you from choosing your own
- The laboratory is a subsidiary, affiliate, or frequent commercial partner of the removal company
- Air clearance results come back consistently below detection limits on every project -- statistically improbable in real-world conditions
- The laboratory does not hold current NVLAP, UKAS, COFRAC, or ENAC accreditation
- Results are delivered without a proper chain-of-custody form documenting who collected the samples, when, and where
- The turnaround time is suspiciously fast for the type of analysis (TEM analysis typically requires 24-48 hours minimum)
How to Protect Yourself
- Choose the laboratory yourself. Do not let the removal company select the laboratory that will verify its own work.
- Verify accreditation status directly with the accrediting body (NVLAP, UKAS, COFRAC, ENAC) -- not just by looking at a certificate the lab provides.
- Request the chain-of-custody documentation for every sample submitted.
- For high-value projects, send split samples to two independent laboratories and compare results.
- Ensure the laboratory's scope of accreditation covers the specific analysis being performed (PLM, PCM, TEM, SEM).
- Ask the laboratory to declare any financial relationships with removal companies, surveyors, or air monitoring firms.