Article from IEQ Review

Clearly, there is fear among the American public. We can expect workers to begin demanding protection at their workplaces.

Carpal tunnel syndrome has always been around. Still, the potential of loss to the organization from worker's compensation claims and OSHA intervention came into being once people became aware of the problem. Such is the case with molds. Although molds have been around since the beginning of time and people have been having allergic reactions since people came into contact with these molds, molds represent a new hazard to the organization in terms of problems with OSHA and worker's compensation claims.

In the past few years, the issue of indoor air quality, sick building syndrome, and mold--or, more to the point, toxic mold--has come into the public's view. In just the past two years, the issue of toxic molds has been highlighted on the television networks ABC (Sealey, May 9, 2002), CBS (Erin, September 28, 2000), and NBC (Thompson, April 17, 2002), and by the newspaper USA Today (Armour, August 11, 2002), to name a few. People are aware of molds, and not only the press but attorneys are willing to play on this fear (see Toxic Molds and Tort News Online) for personal gain. Evidence of the public's fear includes approximately 9,000 lawsuits involving toxic molds filed in the past 10 years in the United States and Canada (Kantrow, March 25, 2002).

According to the American Academy of Allergy, Asthma and Immunology, there are hundreds of thousands of types of molds. In reality, few are "toxic." To complicate matters, because of "variances in personal sensitivities and the vast array of molds (by some estimates, over 100,000) it has been impossible to set exposure limits for molds that can be applied to all humans." (Davis, March 2000). According to OSHA's Technical Manual, indoor air quality complaints "are often of a subjective, nonspecific nature." Of OSHA's 13 Major Indoor Air Contaminants categories, biological contaminants including microbials (molds) are listed at number 13.

If workers' symptoms, the physical conditions of the facilities, and the processes indicate, OSHA recommends having a specialist conduct sampling.

This is not to downplay the danger of molds. At the least, molds can cause symptoms such as coughs, atypical asthma, nasal congestion, sinusitis/rhinitis, skin rashes, and generalized fatigue (Brautbar). At worst, exposure can result in serious symptoms that, just as with any other allergen, can include death.

Health Risks, Pending Legislation
Understanding the hazard of molds, the safety generalist, risk manager, loss control representative, and/or human resources manager must decide how to deal with the problem of indoor molds, if, in fact, there is a problem. One of the biggest challenges to dealing with toxic molds in the workplace is that there are no federal or state standards (Davis). The OSHA Technical Manual lists no standards for molds, only indicators of potential problems. However, the lack of legal guidance is changing through court decisions and legislation. For example, after the daughter of an office manager for U.S. Rep. John Conyers Jr., D-Mich., developed severe health problems because of toxic molds, Conyers authored "Melina's Bill."

Not only are there no federal or state regulations for mold in the workplace, but there are none for molds in the home. Conyers' bill would require states to license and monitor mold inspectors and remediators; it calls for the Centers for Disease Control to perform long-term studies, allows states to tap federal dollars to clean mold disasters, provides insurance, and requires "home sellers and real estate developers to disclose mold problems" (Sealey, May 9, 2002).
While Conyers' legislation deals with molds in the home, not in the workplace, the legislation could serve as persuasive precedence for OSHA to set emergency standards, for worker's compensation to fully recognize molds as a compensable condition, or organizational liability based upon some other legal standard. At the present time, aggrieved workers are filing general liability lawsuits, Americans with Disability Act suits, and complaints with the U.S. Equal Employment Opportunity Commission (Armour, August 11, 2002). The more the public recognizes the problems of toxic molds and the more protections there are available to the public, undoubtedly the more protections workers will seek in the workplace.

OSHA and EPA Recommendations
Perhaps one of the best methods for investigating complaints of mold hazards in the workplace can be found in OSHA's Technical Manual. The agency recommends a three-step investigations process, and all of these steps could be considered familiar to the average safety professional.

The first step is employee interviews concerning symptoms and the various processes of the organization. Questions regarding physical symptoms and patterns of complaints can help determine whether there is a problem.
The second step of OSHA's recommended process is a review of the physical workplace. During the physical review, not only can the processes be identified, but physical conditions of the facilities also are reviewed. Something as simple as water stains, with water being a prime factor in mold growth, can be reviewed. Based upon the physical conditions and organizational operations, a decision can be made regarding sampling.

If the symptoms, the physical conditions of the facilities, and the processes indicate, then the third step, sampling or "environmental evaluation," is undertaken. For this environmental evaluation, a specialist should be called in. Because there are no regulations dealing with toxic molds, there are no specific professional designations in dealing with "toxic molds." The individuals chosen to perform the sampling should have their backgrounds reviewed for technical competence by a trained safety or industrial hygiene professional. It is also important that an attorney review their backgrounds, rendering a professional opinion regarding how well the credentials of the chosen professionals would withstand judicial review.

Some operations can breed types of molds. The operations of the business must be closely reviewed and its maintenance records checked, according to EPA.

The Environmental Protection Agency (July, 1990) provides some good guidance regarding how to deal with indoor air quality in general, although not mold problems specifically. The first step EPA recommends is reviewing the heating, ventilation, and air conditioning systems' operation and maintenance. (NIOSH has determined that inadequate ventilation is the main problem in 52 percent of its IAQ investigations, although it is worth noting that only 5 percent are microbiological, which includes molds, according to the OSHA Technical Manual.)
The next step recommended by EPA is recordkeeping of the physical problems of the workers. Mold specialists and doctors can use detailed information about worker complaints in an attempt to determine whether there is a problem. Also, the physical symptoms can help determine, if there is an indoor air quality problem, what that problem might be.
The third EPA step is pollution control. This step in the process is designed more toward other types of indoor air quality problems. Still, pollution could cause molds to grow if the pollutants were organic, which could deteriorate and cause molds, or if the pollution caused water damage to the building and encouraged natural mold growth as a result.

The fourth area in EPA's recommended interventions is reviewing the activities of the building occupants. Some industrial operations, such as in food preparation, specifically involve the use of molds. Operations as simple as an inside swimming pool or gymnasium can breed types of molds, as can some other operations. The standing water in water towers also can become a breeding ground for molds, such as Legionnaires' disease (Public Health Division, February 22, 1999). The operations of the business must be closely reviewed.

The Key Role of Building Maintenance
Building maintenance activities are the Environmental Protection Agency's fifth area of investigation. Is the building properly maintained, or is the lack of maintenance allowing mold growth? Is water allowed to stand? Is there water damage to the building and, if so, is it cleaned up? Are the air conditioners maintained properly? Proper building maintenance is key to preventing the growth of molds.

Next, EPA recommends reviewing ventilation standards and codes. For example, the American Society of Heating, Refrigerating, and Air Conditioning Engineers (ASHRAE) sets standards of recommended ventilation rates for indoor air. Are there a sufficient number of air exchanges as recommended by ASHRAE?

Another area recommended by EPA is to review whether energy conservation is causing indoor air quality problems, including molds. The problems with indoor air quality started to become acute with the design of buildings to be energy efficient. While energy efficient buildings keep hot air out in the summer and cold air out in the winter, these same buildings trap air inside. This trapped air can result in indoor air quality problems, including the growth of molds.
Finally, the environmental agency recommends the identifying areas for follow-up. This broad, final category is somewhat of a catch-all. Still, in dealing with indoor air quality problems and molds, especially toxic molds, constant vigilance is vital to the protection of the workforce, as well as to the financial assets and reputation of the firm.

NIOSH has its own two categories that include recommendations for dealing with indoor air quality problems, including mold. In short, the first step is engineering control, such as ventilation, air treatment, efficiency, and source control. The second step is administrative and work practice controls, such as maintenance, microbial contamination removal and cleanup, humidity control, the evaluation of personnel, and work scheduling (National Institute for Occupational Safety & Health, 1987).

A Team of Specialists
Mold in the workplace is a serious and complex subject. Unfortunately, the problems posed by it are compounded by the lack of legal guidance, lack of scientific understanding, and individual susceptibility to molds. Undoubtedly, because of coverage in the popular press and increasing intervention by the courts, problems linked with toxic molds in the home will prompt both awareness and fear in our population in general.

NIOSH's indoor air quality recommendations start with engineering control, then move to administrative and work practice controls.

This awareness and fear will prompt the question of what can be done regarding molds in the workplace and what should happen to companies that do not keep their workers safe from "all known hazards," as the Occupational Safety & Health Act of 1970 states. The average safety and health professional, after a basic understanding of the problem, certainly can perform a preliminary investigation into the problem. However, when the intervention reaches a certain point, specialists should be consulted.

Medical doctors can assist with ascertaining the physical symptoms. Attorneys can interpret the developing and nebulous status of the law. Industrial hygienists specializing in indoor air quality problems can have the sampling instruments needed to make a determination of the level of the problem. Heating and air conditioning technicians can assist with maintaining buildings according to to ASHRAE standards. Still, safety and health generalists, because of their training in general safety and health issues, serve an important role because they are the first specialized professional called in to assess the problem.

The safety and health generalist role is conducting the initial reviews and overview of the efforts to mitigate the dangers of workplace molds. The dangers include protecting the organization from financial and reputation loss from mold problems and, more importantly, protecting the health and safety of the workers who rely on us.

For more information contact:
Alan L. Wozniak, CIAQP
(800) 422-7873 ext. 802
iaq@pureaircontrols.com