|
To find a
Certified
Mould Inspector
or Remediator
in your area,
or to be trained & certified as a mould inspection, testing,
remediation, and prevention expert, please visit:
Mould
Professional.
To Read Occupational Health &
Safety Administration Workplace Mould Guidelines, visit:
OHSA Workplace Mould
Employer
Liability Questions & Answers
[July 12, 2003]
Q. My father is currently working at a
place where he is constantly breathing mould spores. It was just last week he
was diagnosed with having asthma by a medical doctor. The place of
employment will not fix the problem due to obvious money problems. What
should we do medically and lawfully?
A. In view of your father's working
in a mouldy work place and his asthma health problems, the
obvious first step should be to seek employment elsewhere in a
mould safe work environment. I realize that good jobs are hard to
find today, but maintaining good health is also important. If
your father's place of employment was on fire, he would not
hesitate to run out of the building to save himself. If the
employer's building is on fire from mould infestation, your
father should be just as motivated to get out NOW. Mould in the
work place that is ignored by an employer aware of the mould
problem is a safety violation under the OSHA law [U.S.
Occupational Safety and Health Administration and its
corresponding sister state OSHA agencies]. If your father is
interested in pursuing his legal rights, he needs to have the
work place inspected and mould tested at his expense to obtain
mould laboratory results that document the mould problem at work.
He can use our do it yourself mould test kits with our expert
mould laboratory analysis [Mould Mart].
Your father then take his medical records and the mould test
results to a local environmental attorney to discover what legal
rights he may have against his employer [Mould Lawyer]. As
far as medical treatment options, he should be examined by a
neurologist for possible brain damage, by an allergist for
possible sinus mould growth, and by a pulmonary physician [lung
doctor] for lung mould growths. Possible medical diagnostic tools
include mri scans [brain and sinus's], nasal and sinus
samplings, lung x-ray, lung biopsy, and mould antibody blood
testing.
[May 22, 2003]
Q.
I work in long term health care
facility ,that has a basement. When it rains the basement is
flooded with at least 2-10 inches of water. This basement was once
the facility laundry area, and at times when it floods there is
human waste that also surfaces . The staff, including myself, and
a lot of the patients that reside there are sick, with continual
upper respiratory infections, chronic coughs, sinus infections,
MRSA, and we have had so many nurses, like myself out sick with
upper respiratory infections. One nurse diagnosed with Lupus,
several with asthma, acute and chronic bronchitis, etc. One nurse
has been diagnosed with a lung disease in which she has some type
of lung tissue nodules growing in her lungs, and has now resigned.
One nurse worked at this facility for about a month, and had to
quit due to constant lung infections. I have been sick now for
going on 2 years, with chronic bronchitis, been recently diagnosed
with emphysema, asthma, and stay sick with sinus infections. You
can smell the mould in this building. There was so much mould
growing inside a small housekeeping closet, it had spread up the
walls, on the ceiling, and the odor was and still is
overwhelming. They just painted over the walls. The basement
floods every time it rains, and we have noticed an increase in
upper respiratory infections following a rain, or when the
basement is flooded. The plumbing runs in the ceiling, and the
roof leaks, the insulation gets soaked, and leaks thru the
ceiling. There are several areas that leak, the ceiling has
cracked, and most of the plumbing pipes also run along the
ceiling, which burst, and leak into the halls, down the walls. I
have observed this, and usually call our maintenance man in to
stop the leaks. The residual is my concern...we are all getting
sick. My patients are sick. Diagnosed with pneumonia, they have
rashes, nose bleeds, and chronic coughs...Please advise on what I
can do as one person to drawl some attention to this concern. We
all have complained to deaf ears of upper management, to no
avail...I honestly feel we are in a toxic environment, and have no
resources to have it checked out, as well as maintain our much
needed jobs. Please advise, or maybe you could give me some other
options to have SOMEONE follow up.
A.
Your email doesn't mention what attempts you have made to get the
facility administrator or owner to test for mould infestation in
both the basement and throughout the facility, including
heating/air conditioning ducts. If your administrator or owner
won't do so, you ought to consider testing the basement and other
areas yourself using our do it yourself mould test kits with our
expert mould lab analysis and mould identification. Visit:
Mould Mart Thus, you need to be the SOMEONE who
follows up on the problem. You have the power to take action. When
you get the mould lab results back, if the reports document a
serious mould infestation problem, give a copy to the administrator
or owner and ask him or her to take action. If they won't,
consider hiring an environmental attorney to represent your legal
rights against your employer. Also consider complaining to your
local health department and the U.S. Occupational Safety and
Health Administration [OSHA]. To find an environmental attorney,
visit: Mould
Mart.
Please note that it illegal for an employer to fire an
employee who reports safety and health violations to the health
department or OSHA. If you are ever fired for being concerned
about your environmental health in the workplace and taking action
to test and to report environmental problems, you could win a
large financial judgment against because of such wrongful job
termination.
[March 29, 2003]
Q.
I
work for a large national retailer in Santa Rosa, Ca. about 3 weeks
ago there was an extensive water leak in the stock room which poured
into the lingerie fitting rooms, under the walls, and then down the
walls to the downstairs also out of the top of the acoustic ceiling.
the fire dept. came out and all that was done afterwards was they put
a heater in the fitting room with 2 fans, sealed off the doorway for
about 3 days. then they drilled about twenty 2'" holes around the
baseboards. the other day myself and another employee from the
lingerie dept experienced bloody noses, we overheard that bleach was
added to the carpets. now the wallpaper is peeling and it does smell
like mould and it has given us headaches. I pointed it out to my human
resource manager of the store and he brushed me off. Please advise.
A.
Most employers do not care if workplace mould injures employee and
customer health. In time, the mould lawyers will change their lax
attitudes by getting large jury awards for failure to provide safe
working conditions. Your first step should be to test the air in the
flood rooms yourself with our do-it-yourself mould test kits with our
expert mould lab analysis and mould identification services. Please
visit:
Mould Mart
. If the lab results show elevated levels of airborne mould spores, you
can then give a copy of the test results to your boss, and to his boss
if necessary, and to corporate headquarters if necessary. If no one at
your company is concerned about your working in unsafe mould
infestation, you can file a complaint with the U.S. Occupational
Safety and Health Administration because unresolved workplace mould
problems are OSHA safety violations for which your employer can
receive large fines. You can also consider hiring a mould attorney to
represent your interest and well-being. Visit:
Mould Lawyer
[March 28, 2003]
Q.
I
have a question for you. I recently made the company that I work for
aware that they have a mould issue and should have it inspected. There
are about 20 other employees that have reported also. We are
suffering with asthma, sinusitis, allergies, upper respiratory
symptoms etc. I ended up at my doctor's office and described the
visible mould and was told that it is definitely a health concern. The HR person called the local health department and had him to do a
walk through and he reported that there were no problems. When I
asked what the air quality test confirmed I was told they did not do
any as they obviously did not see reason to....even though it is
growing on the walls. Can you get an accurate measure without doing
air quality test? I am being singled out as a whistle blower and
feel that I am getting the run around. Especially since I know for
a fact they had another contractor to come in and inspect over a
year ago and he said it was bad...very bad and the entire wall may
have to come down. Any suggestions?
A. When employees are sick, and when there
is visible mould growth, a walk through type of mould inspection is not
enough investigation to uncover the extent and types of mould
infestation. You [with or without your co-workers] should do your own
air mould testing [plus testing the visible mould growth] to document
the mould levels and types of moulds that you are having to work in. For
our do-it-yourself mould test kits, please visit:
Mould Mart
With mould lab results in hand, you are in a position to complain more
effectively to your local health department, your boss, and to the
Occupational Health and Safety Administration. If you have documented
a mould problem by testing and no governmental agency will help you and
your boss continues to ignore the problem, hire a mould or
environmental attorney to represent your interest in this serious
problem. Visit the Martindale Hubbell Directory of Attorneys in the
reference department of a large public library or visit:
Mould Attorney
[Jan. 20, 2003]
Q. My
wife passed away in 1997 from lung cancer. She was 41 years old. It has
just been brought to my attention that the building in which she worked
has a high level of mould in it's a/c ventilation system. According to
sources that work there, no one can remember when or if the ventilation
system has ever been cleaned. The building was built around 1960. A number
of women now employed here have had numerous health problems including one
who is going to have surgery in the next 2 weeks for a brain tumor.
Besides my wife, there have been other employees who have died from
cancer. Now, just to let you know, my wife did smoke cigarettes for years
but when we first learned of her cancer, the doctors told us that you
couldn't tell by looking inside of her lungs that she had ever had a
cigarette before. My question is this, could the mould condition in the a/c
system have contributed to her death? If so, what would be the first step
for me to take?
A.
My condolences to you for the death of your wife, and at such an early
age. Your first step would be to have the entire suspect building
including its heating,
ventilating and air conditioning [hvac] equipment and ducts mould inspected
and mould tested by a
Certified
Mould Inspector paid for by you so that you get the full
truth directly about the true extent of the problem. What actions you
and your attorney take thereafter will be dependent on you having obtained
such physical evidence in the mould inspection and testing that there is a
serious problem. The mould Aspergillus can cause cancer. The mould
Stachybotrys can destroy brain tissue. If the company will not allow
you to have the building mould inspected and tested, consider filing a
complaint against the company with the U.S. Occupational & Health
Administration [OSHA]. Failure to remove mould infestation known to exist
by company management or ownerships is a violation of the OSHA laws and
would subject your wife's former employer to possible large fines and
other regulatory sanctions. You can also brief the present employees
as to the possible problem, and ask that one or more of them file an OSHA
complaint against the company. Failure [just by itself] to permit mould
inspection and testing can subject the company to OSHA fines and
sanctions. Also remember that the existence of mould today in your wife's
former place of employment does not mean that such mould problems existed
when your wife worked inside the building. Mould cannot be dated in age.
Mould can begin growing into colonies after just one day of wetness in the
building materials or furniture or carpeting/padding. One week's worth of
mould growth could be huge in the area affected.
[Jan.
8, 2003]
Q.
THIS COMPANY THAT
I'VE BEEN WORKING FOR THE PAST SEVERAL YEARS HAS HAD DEVELOPED A MOULD
PROBLEM. A FEW OF MY CO-WORKERS HAVE BEEN FEELING DIZZY, WEAK, FLU
SYMPTOMS. WE WENT TO MANAGEMENT AND THEY HAD A MOULD INSPECTOR COME
OUT" HE STATED THAT WE DID HAVE MOULD" BUT IT WASN'T ENOUGH
TO HURT US. NOTHING HAS BEEN DONE OR SAID SINCE THEN, BUT WE ARE ALL
WORRIED BECAUSE WE ARE STILL SICK. WHEN WE LEAVE THE BUILDING WE FEEL
BETTER. WHAT IS YOUR SUGGESTION TO FULFILL THIS MATTER PLEASE HELP US.
A.
Failure to remove a mould problem that is known to an employer's management
and/or owner is a work place safety violation for which the employer can
be heavily fined by the U.S. Occupational & Health Administration.
[OSHA]. You should consider filing a complaint with your closest OSHA
office. If your employer fires you for reporting a work place safety
violation to OSHA, that would be a separate OSHA violation, and would
entitle you to a potential large sum if you were to sue your employer for
wrongful firing and for making you work in a mould-infested work
place.
[Jan.
14, 2003]
Q.
We had a mould investigation done on our place of
employment Dec 11, 2001 to date nothing has been done to clean up the
mould. Mould has been found behind baseboards, drywall paper backing, wood furring,
humidifier and carpet. The types of mould that were found are the
following: Aspergillus, versicolor, stachybotrys chartarum, and
penicillium. Could we please have your opinion on working in these work
place conditions?
A.
Because Mold Inspector Laboratory International, Ltd. and its
Certified
Mould Inspectors have not mould inspected and tested your
particular place of employment, we are not in a position to provide you
with an "opinion on working in these work place
conditions". What we can provide you with is general
information as follows. First, when mould growth is discovered to be
widespread in one's place of employment, the property has one or more
major water problems [such as roof leaks or plumbing leaks inside
ceilings, walls and floors], and a great likelihood of serious mould growth
inside walls, ceilings, floors, and heating, ventilating, and air
conditioning [hvac] equipment and ducts. Second, if employees are
regularly exposed to elevated levels toxic mould spores such as
Aspergillus, stachybotrys, and penicillium, they will breathe in such
toxic mould spores, and then they can suffer serious health problems and
diseases. If a workplace has a serious mould problem, the first thing that
the employer should do is to move ALL employees [and the office furniture
and equipment [after mould decontamination to avoid cross-contamination of
where ever the items are moved] to mould-safe quarters. The second task is
to have the building completely and thoroughly mould inspected and mould
tested [including inside all ceilings, walls, floors, and hvac equipment
and ducts]. The third objective is then to remediate and remove all mould
infestation and have the place of employment tested as mould-safe
before moving people, furniture, and equipment back to the
mould-remediated building. Please note that it is a OSHA violation [U.S.
Occupational Safety and Health Administration] for an employer to have
employees working in an area known to be mould-contaminated.
More related
topics are found at:
[Legal Q & A] [Cal Mould Law] [Insurance Claim] [Texas Victory] [Landlord Liability] [Employer Liability] [Realtor Disclosure] [School Mould] [Sell-Mould-House]
|
