Tampa, Fl. -- When you consider that as many as one in five Americans suffers from allergies brought on by dust mites, pet dander, pollen, mold and other contaminants, its easy to see the value of avoidance measures, protective and/or mitigation measures that have a marked therapeutic effect on patients hypersensitive to these allergens.
 
The ability to measure indoor air enables the practitioner, employer, patient or physician to quantitatively analyze the allergen load, thermal conditions and aerobiology content in an environment, and to take proper measures to remediate them.
 
If these measures are not taken, the allergy sufferer won’t be the only one who becomes “ILL.” Due to the lack of industry Mold/IEQ guidelines or standards, insurers, lawyers and lenders (ILL) are forcing indoor air quality issues.
 
Facilities managers can protect themselves, though by understanding temperature, relative humidity, surface particulate, allergen load and airborne particulate and knowing what preventive mitigation measures to prescribe.
 
According to Janet Davis of the law firm Bates, Mechkler, Bulger and Tilson of Chicago, who defended the Dupage County Courthouse in Chicago, IL, litigation will most likely happen when the following occurs:
 
• Continuous building degradation
• Deferred maintenance
• Ignore signs and symptoms
• Try to solve the Mold/IEQ problem without expert assistance
• Try to solve the problem as inexpensively as possible
• Address only short term concerns without addressing the big picture
• Fail to involve all key parties
• Ignore occupants in addressing ‘the’ problem
• Fail to deal with adverse publicity
• Rush to a quick solution
• Fail to manage a crisis - real or developing
• Fail to understand that perception is reality
 
You can prevent litigation by doing the following:
 
• Get expert help from a multiple disciplinary team
• Consider involving occupants in the decision-making process
• Don’t let a key player get shut out of the process
• Don’t ignore the process
• Be methodical
• Keep records of the investigation
 
To defend and litigate Mold/IEQ issues, everybody pays. It is financially more feasible to professionally identify, communicate, mitigate and monitor, than litigate after the fact.
 
Consider the following:
 
Indoor environmental expert witness fees range between $250-$350 per hour to defend alleged indoor air quality cases.
 
Building remediation personnel rates range between $55-$75 per hour to fix the concerns. What makes more sense?  It is a lot less expensive to mitigate than to litigate, as long as it is properly performed. Answer the following questions when choosing a mold remediator.
 
*   When should I seek the aid of a "qualitfied"  Indoor Environmental Quality (IEQ) Consultant?
*   How do you select the right Mold/IEQ firm?
*   How do you know if the project is being handled properly, profesionally and correctly?
 
These are just the basic questions that should cross your mind with indoor air quality. The potential problems encountered by the owner and the occupants of a facility can occur at any and every stage of an indoor air quality project.
 
Potential liabilities to the owner and risk to the occupants may not even be apparent until long after the problem was thought to be solved. In fact, poorly managed projects can present more risk than originally apparent.
 
1. When should I seek the aid of a qualified  Mold/IEQ Consultant? The best answer is before you have a problem. Having a proactive approach to Mold/IEQ can reduce the chance and risk of a serious Mold/IEQ issue.  The owner should have at least two firms pre-qualified for his facility.  As Mold/IEQ problems are seldom anticipated, the availability of a backup firm is preferable.
 
Reduce risk to your employees and yourself by responding to Mold/IEQ complaints promptly and directly. Never dismiss complaints prematurely.  Record the occupant’s concerns.  Take notes of types of symptoms, initial incidences, number of employees with concerns.  Failure to respond to Mold/IEQ issues could show a lack of diligence on the owner’s part.  Rule of Thumb: Treat All Initial Complaints as Real.  Have facility’s personnel inspect the air conveyance systems, check for roof leaks or other areas of moisture intrusion. Establish current conditions of mechanical controls.  If the problem is not immediately evident, it is time to bring in a specialist.
 
The owner can perform his own initial Audit. Safety and Facility Personnel can be trained in the basics of Mold/IEQ.  They should be aware of the principal causes of poor Mold/IEQ: faulty mechanical systems, poor maintenance, compromised construction.  Basic Mold/IEQ Test Kits can also be purchased.
 
These can give Facility Personnel valuable information, which can later be forwarded to the Mold/IEQ Consultant. Be careful not to delay in bringing in a specialist. The audit shows diligence but inaction presents risk.
 
2. How do you select the right Mold/IEQ firm? Having performed your initial investigation (audit), you now have information useful to the consultant. But whom should you select?
 
Forget the ‘Alphabet Soup’: Ph.D., CIH., MSPH, CIAQP, P.E., MPH, etc.
 
There is no degree awarded for Indoor Air Quality. The Mold/IEQ issues are multidisciplinary, requiring several different specialties. These can include Industrial Hygienists, HVAC specialists, microbiologists, architects, chemists, to name a few.
 
You will need to select a firm that has experience with your particular problem and the people to handle a project of your size. Rely on references more than credentials. Have the prospective firm provide at least three recent projects similar to your issue. Most ‘indoor’ consultants are also ‘outdoor’ consultants.
 
They may have years of experience, but may not with indoor environments. They are not the same.
 
Subcontractors (remediation firms) should be trained in microbial remediation (not just asbestos). Microbial remediation is far different from asbestos and fiberglass removal. The workers should be OSHA trained: respirator fit tested; lock out tag-out and confined space. They must be mechanically trained. Is the firm mechanically licensed to cut access into the ductwork? In some states (Florida included), no modifications can be made to the air conveyance system without a mechanical license.
 
3. How do you know if the project is performed correctly?  Project Approach: See if your consultant can outline an approach to solving your problem. Many firms employ the trial and error method. Spending time, money and credibility (yours) until it runs out. Your consultant should define current pollutants and levels, have a methodical plan to reduce those pollutants, and have a specific goal for completion. Look for the following:
 
· Perform a baseline evaluation of Air Quality, Mechanical Components and Building Envelope. Air quality includes particulate, both viable and non-viable, chemical, and comfort parameters (Temperature, Relative Humidity and CO2). Mechanical components include air handler, ductwork, peripherals and controls Building envelope includes construction components, pressurization, moisture intrusion.
 
· Most people may feel the baseline unnecessary.  They may ‘already know the flood caused the mold’.  They do not know the extent or type of contaminant however. To protect the owner and occupants, it is imperative that the level and type of contamination be established before any work is performed. Not having the initial documentation could be considered ‘removing evidence’ in future litigation. This baseline is the owners’ best defense against poor workmanship. It also justifies his initial approach and diligence to the problem.
 
· Monitor the air quality during the project. If containment of pollutants during remediation efforts is insufficient, the occupants may actually be exposed to more pollutants than originally. Demonstration of containment reduces the risk to occupants and remediation workers during the life of the project. Documentation may include continuous monitoring via data loggers as well as scheduled testing. Photo documentation is also desirable. This documentation will also reduce liability to the owner against claims of exposure during the project.
 
· Perform clearance testing. Once the project is completed, testing should be performed to demonstrate the current conditions as well as prove that the initial goals have been met. It is preferable to receive a written report after completion of any remediation efforts. Usually, reports are issued with diagnostics. The better approach also provides for a Remediation report, documenting that benchmarks were achieved. In this way, both occupant risk and owner liability are reduced.
 
Communications: It is very important that the owner be involved in all aspects of the Mold/IEQ project. Reports and communication should be sent directly from the Mold/IEQ consultant to the owner. All reports should be in writing. Verbal reports tend to spawn rumors and mis-information. Seldom should an intermediate such as a general contractor be used. Information may be forwarded too late or incompletely. In conclusion: Have at least two firms pre-qualified. Select the firm most experienced with your type of Mold/IEQ issue. Have the Mold/IEQ Consultant present a plan, which includes Baseline, Monitoring and Clearance. Have any subcontractors also qualified by experience with your type of issue. Select experience over credentials. Finally, stay involved in the project. You are trying to resolve a serious issue by reducing risk to occupants and liability to yourself. 
 
 

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Pure Air Control Services
800-422-7873