Is Mold in the Workplace Dangerous

A group of employees for a car dealership in San Diego has taken the fight over mold in the workplace to a new level. In August, 2010 the five employees who had all previously submitted workers’ compensation claims for mold related illnesses, filed criminal fraud charges against the dealership, the owners of the dealership and the insurance carrier due to the denial of their work comp claims. The group has accused the employer, the workers’ compensation insurer, the insurer’s legal counsel and the medical providers in engaging in a criminal scheme to deny them workers’ compensation benefits.

In the 1990’s enterprising lawyers and willing complainants starting bringing mold related lawsuits against property insurers for people who alleged injury due to exposure to mold. By 2003, almost all property insurers had mold exclusions in their policy that excluded coverage for mold. Mold, as a source of income for attorney, declined sharply. Now, mold is making a comeback of sorts, as lawyers look to make work comp claims based on exposure to mold.

The employees and their attorneys who pursue a workers’ compensation claim for mold have two hurdles to overcome. First, there extensive debate in the medical community as to the type and extent of injuries caused by mold. For every doctor who is willing to testify that mold is the cause of a person’s medical problems, there is another doctor who is willing to testify that mold is not the cause of the medical problems. Second, proving the illness was caused by exposure to mold in the workplace, as opposed to exposure to mold in the home or elsewhere creates an obstacle for the attorneys of the employees. They have to deal with proving a cause and effect relationship between the job and the employee.

Mold is not one specific organism. Mold is a fungus with approximately 1,000 different species of mold in the United States. Mold can grow just about anywhere as long as there is moisture, oxygen and an organic source for food. While most people think of mold growing on the wood framing of a house or building, it can grow on paper, carpet, drywall, insulation, ceiling tile and even on dust and dirt. Mold produces very tiny spores that float through the air until they land on a new surface. If the new surface is stays wet for 48 hours, the mold will begin to grow.

While the scientific debate continues on the extent of injury mold can cause to a person. There are some definite known facts about human exposure to mold. The most common medical issue is an allergic reaction to the mold with hay-fever type symptoms including a runny nose and reddens eyes. The onset of the allergic reaction to mold can be immediate, but a delayed response happens as well. Asthma attacks happen to some individuals who are allergic to mold. This also causes irritation to the nose and eyes, plus irritates the throat and skin in some people.

The most serious medical conditions caused by mold is in people with an impaired immunity system, uncontrolled diabetes, AIDS or who are taking immune suppression drugs for a medical condition. In these people the mold can skin infections and mucosal infections, but mold does not normally cause systemic infections in humans.

Therefore, unless the employee has a prior medical condition that makes them a high risk when exposed to mold, most employee illness claims related to mold exposure should be minor. That does not prevent an enterprising attorney taking an employee with the sniffles and sending them to their handpicked “world renown” mold doctor who declares the employee to be permanently totally disabled.

The best way to protect you as an employer from a workers’ compensation claim for mold is to prevent the mold in the first place. Mold needs moisture or high humidity to grow. Be depriving mold of moisture you can prevent its growth. Steps you can take to stop mold in the workplace include:

1. Repair all roof leaks promptly

2. Repair all plumbing leaks promptly

3. Maintain indoor relative humidity between 25% and 60%

4. Keep air conditioner drip pans clean and flowing freely

5. Prevent indoor condensation by increase surface temperatures or by reducing the amount of moisture in the air with the use of a dehumidifier

6. Properly vent bathroom and kitchen areas

7. Vent dryers and other moisture-generating equipment to the outside

8. Provide proper drainage around the building

If you do discover mold in the workplace, eliminate the source of the moisture. After the source of moisture or water is eliminated, remove the moldy building materials from the premise. Note: the more you disturb the mold, the more mold spores you will release into the air. After the repairs are complete, you will want to thoroughly clean and vacuum the area to remove the remaining mold spores. Do not run your HVAC system during the repair process, as the HVAC system could spread the mold spores throughout your building. If you have a serious mold problem, consult the EPA’s publication “Mold Remediation in Schools and Commercial Buildings”.

Protecting your employees from exposure of mold in the workplace is the right thing to do. Even if your workers’ compensation insurer denies a mold illness based work comp claim, your group medical insurer will pick up the cost, plus you still lose the employee’s productivity while the employee is out of work due to the mold related illness.

©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law.