Workers Sue Lower Citing Office Mold

ERMA — Three Lower Township employees who work in the Public Safety Building at the county airport have filed a worker’s compensation claim against the municipality citing mold in their workplace that may be affecting their health.
Attorney Daniel Tracy, of Goldenberg Mackler Sayegh, told the Herald the goal of the suit was to persuade the township to remove mold from the Public Safety Building. He said in May, a contractor pulled off paneling or drywall and discovered a “lot of mold.”
“It turns out some of the employees that work there have had pulmonary problems over the years,” he said.
Tracy said there had been suspicion of mold in the building, which dates to military use in World War II. It was also used as Superior Court when the courthouse in the county seat was being renovated.
“We’re investigating whether the type of mold found in the building is the type of mold that could cause some of the problems that they have,” he said.
In such cases, it must be established there is mold in a building and individuals were exposed to it and employees’ symptoms were related to the mold, said Tracy.
“When you have more than one person, the case becomes much stronger,” he said.
Certain types of mold have been shown to cause problems beyond respiratory symptoms including hearing loss and kidney problems, said Tracy.
Tracy said the contractor asked for testing for mold before he proceeded with work because he did not want to expose his crew to any dangerous mold. Testing was undertaken May 24 and 25 by an environmental testing firm generating two reports showing positive results for mold, he said.
Environmental Connection (EC) conducted a microbiological assessment on May 27 noting visible mold growth on sheetrock in west vestibule entrance and ceiling tiles, some of which had collapsed from the suspended ceiling grid as a result of water infiltration. The firm also conducted an assessment May 24 to address concerns of suspect visible mold growth at existing roof drains or where new roof drains were to be installed as part of building repairs.
According to their report, the inspection and sampling was limited to the Emergency Medical Services portion of the building and the main hallway along the courtroom and associated support offices.
EC did not identify visible mold growth on water damaged/stained ceiling tiles in the EMS section of the building, said the report.
“Aspergillus/Penicillium like spores, typically associated with the water damaged materials within indoor environments, were identified from the outside ambient sample and were not reported at significant levels indoors.”
“Stachybotrys spp. is also typically associated with water damaged materials within indoor environmental, and was only reported at 21 cts/m3 from the hallway along/outside the Court Room that may coincide with the visible suspect growth on the aforementioned ceiling tiles in proximity to the vestibule undergoing construction, but the levels reported are negligible and inconclusive.”
EC reported two representative samples of water stained ceiling tiles from the EMS portion of the building and of a ceiling tile that exhibited water and suspect mold growth staining in proximity to the vestibule undergoing construction did not reveal the presence of mold spores from water-damaged surfaces.
“Aspergillus/Penicillium like spores were detected from the ceiling tile in proximity to the vestibule undergoing construction which are generally associated with water damage,” it continued.
“Baseline levels were reported for the west entrance vestibule at 13,900 spore counts per cubic centimeter of air. These levels are greater than the outside ambient levels of 8,570 cts/m3 of Apergillus/Penicillium-like spores and 2,760 ets/m3 of Stachybotrys spp. were detected from within the vestibule and not from the outside ambient sample.”
It noted “these species can be associated with respiratory and allergen ailments.”
Under the Worker’s Compensation Act, the employees would be entitled to “reasonable and necessary medical care provided by the township’s insurance carrier.” Tracy said most of the employees involved in the suit have had treatment.
An award could be made for any permanent damage employees have suffered as a result of mold exposure, said Tracy.
He said his next step was to gather medical records and mold testing results. A “building failure syndrome expert” will analyze the type of mold found in the public safety building to see if it causes the type of problems his clients have experienced.
It is possible other workers may come forward who believe they have been affected by mold exposure, said Tracy.
He said the Public Service Building is owned by Delaware River and Bay Authority, which operates the county airport.
“There may be a liability claim against them as the owner of the building if there were warning signs that they ignored and they didn’t take the proper steps to remediate the mold from the building,” said Tracy.
“What we want is for the building to be cleaned out so these employees are not subjected to it any more,” he continued.
Lower Township Manager Kathy McPherson said the township received a notice of a tort claim sent to the Joint Insurance Fund, of which the township is a member.
A contractor found “discoloration,” she said.
“I had it tested immediately because of the prior allegations there was mold over there,” she said. “And there was nothing in the area where the contractor worked.”
While the environmental firm was testing, some Municipal Court personnel found a leak at the end of a hallway vestibule, on the other side of the building from the court, said McPherson.
She said a leak was found at an entranceway in the west vestibule where ceiling tiles showed mold. The rescue squad section was separate from the main building and was joined to the Public Safety building with a long hallway, said McPherson.
She said there were only lights and a fire alarm in hallway, no heating, air conditioning, ventilation or ductwork. The area is seldom used, she said.
McPherson said she had the area tested and remediated. She said prior to this complaint, the township has not received complaints of respiratory symptoms or worker’s compensation complaints or identified mold in the building.
Lower Township Police Chief Edward Donohue sent employees a memo informing them a contractor “performing maintenance construction” located “suspected mold growth in the Public Safety Building.” McPherson said the discolored ceiling tiles were not moldy.
Donohue’s memo said any employee with questions or concerns should contact their immediate supervisor and arrange an appointment with the township manager.
McPherson said she did not receive any calls from supervisors.
Environmental Connections also conducted a clean up of the west vestibule area. The firm billed the township $4,271 for the services of a certified industrial hygienist, industrial hygiene technician, four mold surface swab analysis and 13 fungal spore trap air sample analysis.
Environmental Connection’s June 7 report noted the scope of work consisted of the removal and disposal of sheetrock wall surfaces including vinyl molding due to water damage and mold growth. Ceiling tiles were also disposed of along with one square foot of insulation.
A biocide agent was applied to all remaining surfaces including roof joists.
McPherson said counts of mold spores outside the building were higher than the counts inside the building. Air samples were collected in the west vestibule prior to and during remediation with the total fungal spore concentrations between 1,800 and 12,700 counts per cubic meter of air while outside concentrations were 49,600 counts per cubic meter of air.
“Interior concentrations did have levels above the suggested normal background concentration of less than 2,500 counts per cubic meter of air. Further, elevated levels of Aspergillus and Penicillium like spores and Stachybotrys spores were reported, which are indicators of water damaged organic building materials. Levels of Stachybotrys spores were higher outside the building. Following remediation, air samples dropped to 147 counts per cubic meter of with no Strachybotrys spores,” said the EC report.
Lower Township Municipal Court Administrator Elizabeth Byrne filed a lawsuit in 2003. At that time, the entire building was inspected for mold by a company contracted by her attorney with samples taken from wall, floors, ceilings and the roof.
McPherson said the lawsuit was dismissed with prejudice with no cause or liability on the part of the township.
The file was closed in April 2006.