Children, Schools and Insurers May Be At Greatest Risk, Experts Warn

CHATHAM, NEW JERSEY, January 24, 2002 — When certain molds and fungi get a foothold in a residence or public building, the result can be illness or even death for susceptible individuals. Little noticed until recently, this “new” environmental menace is now seen as a hazard potentially comparable to asbestos in the 1980s and ’90s, with costs—for medical bills, remediation, and damages—ultimately running into the billions. That was the central message from experts at an all-day multidisciplinary seminar, “Toxic Mold Litigation, Investigation and Control” hosted recently by environmental consultants BEM Systems, Inc. The good news is that recent advances in environmental science and medicine are already starting to bring the so-called “Mold Monster” under control.

“Public awareness of toxic molds has been driven mainly by anecdotal evidence and sensational press coverage,” Mark Nardolillo, BEM president, told an audience of professionals from the environmental, insurance, real estate, law, and homebuilding fields. “The time has come now for trained experts from the scientific, medical, engineering, legal, and public health communities to take a leading voice in this discussion, so we as a society can make informed decisions based on objective, unbiased data. Today’s seminar is intended as a step in that direction.”

No state or federal standards exist for permissible exposure to mold spores or airborne toxins, noted seminar chair Brian Ruffe, M.S., CIH, head of BEM’s Indoor Air Quality group. “It is almost impossible to set a workable threshold for mold, such as 1,000 spores per cubic centimeter, because the amount of exposure that causes illness can vary tremendously, depending on geographic location, time of year, humidity, specific organisms present, and the individual’s sensitivity to airborne toxins and allergens.” Specialists like Ruffe therefore have to establish their own baseline for analysis in each case, by sampling the outside environment as well as the air in the affected premises.

“Molds are found everywhere because they specialize in decomposing—in other words, eating—every type of organic material, including sheetrock, insulation, carpeting, and many kinds of building materials,” said Kenneth Coffey, founder-owner of TechClean Industries, Ltd. (Farmingdale, NY), which specializes in the abatement of toxic mold.

Fungi of the genera Aspergillus, Alternaria and Stachybotrys are the most widely recognized as presenting serious health risks, but many other species produce poisons, called mycotoxins, which in higher concentrations can cause anything from a minor hay fever-like sneezing to serious and even life-threatening illnesses.

Health impacts from molds can include chronic and acute infections, visual and cognitive problems, and occasionally, cancers, said Dr. John Santilli, M.D., chief of the Division of Allergy & Immunology at St. Vincent’s Medical Center, Bridgeport, Conn. Unfortunately, for the sufferers, the onset of symptoms may be gradual and insidious, and physicians are generally slow to realize that mold exposures may be at the root of a patient’s condition.

“Elementary schools are some of the worst places,” Dr. Santilli noted, “but so are older residential, office, and commercial buildings, and even hospitals. In schools, you have children tracking in water onto carpeted areas, which are never properly cleaned or dried, and the effect is a building full of ‘Petrie dishes’ for growing molds. If we had to do just one thing, I would start by taking all the carpets out of the elementary schools. Children don’t have OSHA or NIOSH to protect them.”

Improved technologies may simplify future mold detection and control

New technologies are helping. For example, the remote-sensing technology that enabled NASA to detect the former presence of water on Mars is being used now to reveal the past history of buildings affected by Aspergillus and other molds. New and promising fungi-fighting tools are also being developed in Europe, particularly Scandinavia, where scientists are uncovering some of the obscure pathways involved in the development of mold-related illnesses.

Among the recently introduced technologies are an innovative nitrogen-extraction technology and the use of silicon epoxy coatings, originally designed as protection against the zebra mussel, that are too slick for the fungi to take root. TechClean, Coffey’s company, has been getting excellent results with a fumigation process that uses slow-release organic peroxide in a propylene glycol base—essentially the same mixture used in stage “smoke.” The treatment destroys bacteria and fungi and their harmful products by oxidizing their cellular protein, and the premises can be reoccupied safely after 24 hours.

As with any public health issue, there is also danger in overreacting, Coffey said. “It’s getting like the Wild West out there, with clean-up companies shooting chemicals all over the place,” he warned. “Before getting into a full-blown remediation program, it is important to have a good study done first, and have a good plan in place.”

BEM’s Ruffe urged building owners, managers, or residents with mold problems to carefully check the credentials of anyone purporting to be a “mold expert,” including resumes, education, experience with similar assignments, and references. Certification as a CIH (Certified Industrial Hygienist) or IHIT (Industrial Hygienist in Training) from the American Board of Industrial Hygiene is generally regarded as the best assurance of professional skills and expertise. If there is still any question about a candidate’s expertise, Ruffe recommends administering the “Mold Test,” a 10-item quiz designed to quickly flush out unsuitable candidates. “A trustworthy investigator will be able to answer all 10 questions easily,” he said.

The environmental laboratory that tests mold samples should likewise be certified, preferably by the American Industrial Hygiene Association (AIHA), said Tom Allen, Operations Director at Aerotech Laboratories (Phoenix, AZ), an industry leader in indoor air quality testing. “The data never lie—but they also don’t tell you ‘the whole truth and nothing but the truth,’” he noted, “and you need the whole truth when your data may be the basis of a remediation plan or litigation.”

Monitoring, personal attention is keys to control

To effectively control their liability exposure, building owners and managers will need to familiarize themselves with sampling and test methods, and understand their strengths and limitations. In many cases, though, simple “low-tech” solutions—including the building owner and occupants’ sense of smell—may still be the best front-line defense against mold infestation, the experts agreed.

Mark Diamond, a New York attorney specializing in IAQ issues, advised building owners and managers to designate a “point person” to be responsible for maintenance, as the best way to protect tenants and avoid potential liability. “Do regular walkthroughs of potentially affected buildings and projects,” he urged, “and talk informally with the occupants about odors or other possible signs of trouble. And keep records.”

Insurance companies are fearful that mold claims will become the next great source of mass tort claims, said Anthony Bartell, a partner and insurance law specialist in the law firm of McCarter & English, LLP. Building owners, occupants and others seeking insurance coverage should be prepared for a fight, he suggested. “Insurers may be expected to vigorously fight mold claims, most likely relying on pollution and ‘business risk’ exclusions and a handful of related defenses. Additionally, insurers will soon begin inserting ‘mold/fungi exclusions’ in new policies,” he added. To some extent, owners can protect themselves by collecting and maintaining all existing policies. Most important, he added, is to put the insurer on notice immediately as to any potential claim. “There is a huge downside risk to not giving timely notice.”

The state and federal environmental agencies may soon begin setting exposure standards, Dr. Santilli believes. “Causality has been the big issue,” he said. “Until recently, doctors and pediatricians in the field had little to go on but their own experience. Now we are finally getting long-term clinical and statistical data, and I think we are getting near the breakthrough we need.” He cited as evidence a recent survey article in a leading immunology journal, whose citations included more than a hundred studies and sources. “I think we will start to see the first state and federal air quality standards for molds within two to three years at the most.”

Other seminar speakers were less confident. “There is going to be a long debate about what exactly constitutes a mold problem,” said BEM’s Brian Ruffe, “but that may be less of a concern than it seems. If the science and methodologies are correct, we can almost always determine if there is a valid association between environmental conditions and risk to health. Guidelines might help, but experience shows we can interpret a situation very effectively without them.”

Seminar host BEM Systems, Inc., is an independent, employee-owned, multidisciplinary environmental consulting firm. Headquartered in Chatham, N.J., with offices in New York City, Washington, D.C., Virginia, Florida, Missouri, Arizona, and New Mexico, BEM’s environmental engineers and scientists provide a full range of environmental compliance, cleanup, prevention, and risk management services for public- and private-sector clients nationwide. BEM’s Indoor Air Quality group is a leader in workplace and residential exposure issues, including those involving mold and anthrax exposures. For further information, readers are invited to visit online at www.bemsys.com or to call Brian Ruffe at 908-598-2600, ext 160.