Keeping Buildings Healthy How to Monitor and

Each year, thousands of people experiencing flu-like symptoms due to poor air quality and ventilation in the workplace. Other indoor environment dangers that can affect the health of workers range from exposed asbestos insulation to subtle psychological dangers such as limited sunlight. This work is designed to help readers resolve existing indoor air problems and prevent air quality issues from occurring in the future. Suitable for both manufacturing and clerical environments, this book offers legal, medical, industrial hygiene, and engineering expertise found in no other single publication.

JAMES T. O'REILLY is Adjunct Professor of Law, University of Cincinnati, Ohio. PHILIP HAGAN is Director of Safety and Environmental Management, Georgetown University, Washington, D.C. RONALD GOTS, MD, is a physician with the International Center for Toxicology and Medicine in Rockville, Maryland. ALAN HEDGE, PhD, is a professor in the College of Human Ecology, Cornell University, Ithaca, New York.

Introduction

xiii

(4)

About the Authors

xvii

1. Does This Building Have an Indoor Environmental Quality Problem?

1

(28)

Philip Hagan

Introduction

1

(1)

What Is an Indoor Environmental Quality Problem?

1

(1)

Definitions

2

(2)

Managing IEQ

4

(6)

Triggers for IEQ Investigations

10

(2)

Responses by the IEQ Team

12

(4)

Building Codes

16

(1)

Federal Guidelines

17

(3)

State Regulatory Programs

20

(1)

Indoor Environmental Standards and Guidelines

21

(2)

Mitigation and Control Strategies

23

(3)

Notes

26

(3)

2. What Factors Can Affect an Indoor Environmental Quality Complaint?

29

(42)

Philip Hagan

Introduction

29

(1)

Water Quality

29

(4)

Noise

33

(1)

Lighting

34

(1)

External Factors that Affect IEQ: Outdoor Environment/Climate/Weather

35

(3)

Internal Systems Factors: Pollutant Pathways and Driving Forces

38

(1)

Heating, Ventilation, and Air-Conditioning Systems

39

(8)

Housekeeping

47

(2)

Nonroutine Operations

49

(1)

Site Characterization

50

(1)

Resolution of the Complaint

51

(1)

Indoor Air Pollutants

51

(8)

Allergens and Pathogens

59

(2)

Controlling Biological Contaminants

61

(5)

Sampling for Industrial Hygiene

66

(3)

Notes

69

(2)

3. Investigating Health Complaints

71

(22)

Ronald E. Gots

Purpose

71

(1)

Introduction

71

(2)

The Many Causes of Symptoms: Differential Diagnosis

73

(2)

Effective Triage

75

(6)

Investigation

81

(4)

Evaluating and Choosing Consultants

85

(2)

Case Studies

87

(3)

Summary

90

(1)

References

90

(3)

4. Indoor Air and Health: Clear-Cut, Equivocal, and Unlikely

93

(26)

Ronald E. Gots

Introduction

93

(1)

Indoor Air's Scientific Debate

94

(2)

Terminology

96

(2)

Medical Investigation of Causation

98

(1)

Building-Associated Symptoms

99

(1)

Factors in the Workplace that Can Produce Symptoms

99

(8)

Chronic Illnesses Alleged to Be Caused by Environmental Factors in Office Buildings

107

(3)

Summary

110

(1)

References

111

(8)

5. What Can We Learn about Indoor Environmental Quality Concerns from Studies?

119

(18)

Alan Hedge

Overview

119

(1)

Factors Causing IEQ Concerns

119

(5)

IEQ Concerns and Nonenvironmental Variables

124

(2)

Factors Causing SBS: A Multifactorial Model

126

(2)

Summary

128

(1)

References

129

(8)

6. Investigating Health Complaints: Behavioral Aspects

137

(26)

Alan Hedge

Building Standards

137

(1)

Sick Buildings or Sick People?

138

(1)

Results from IEQ Research Studies

139

(2)

Personal Influences on Reporting IEQ

141

(5)

Cognitive Influences on Perceived SBS

146

(3)

Psychosocial Influences on Reporting SBS

149

(2)

Multiple Chemical Sensitivity and Environmental Illness

151

(1)

How to Tell Sick Building Syndrome from Mass Psychogenic Illness

152

(2)

Are Psychosocial Factors the Real Culprits?

154

(2)

References

156

(7)

7. Communicating Results of the Investigation

163

(14)

Alan Hedge

Introduction

163

(1)

Organizing and Managing Information Flow

163

(3)

Responding to News Media

166

(2)

Newspaper and Magazine Interviews

168

(2)

Radio Interviews

170

(2)

Television Interviews

172

(1)

"Ambush" Television Interviews

173

(1)

Formal News Conferences

174

(1)

Preventing Panic

175

(2)

8. Government Inspections of the Building

177

(4)

James T. O'Reilly

Practical Issues

177

(1)

Legal Rights

178

(1)

How the Inspection Is Conducted

179

(1)

Required Reports

179

(2)

9. Indoor Health Litigation and the Building Management

181

(8)

James T. O'Reilly

Introduction to Litigation Options

181

(1)

Why Would Anyone Sue?

181

(1)

What Does the Indoor Health Claimant Need to Prove?

182

(1)

What Steps Should Be Taken when a Lawsuit Is Threatened?

183

(1)

What Steps Should Be Taken When the Suit Is Filed?

184

(1)

Who Are the Defendants?

185

(1)

When Is a Class Action Used?

185

(1)

What Is the Document-Discovery Process?

186

(1)

Will My Deposition Be Required?

186

(1)

Do Lawsuits Usually Reach a Jury Verdict?

187

(2)

10. Litigation by the Tenant's Employees

189

(8)

James T. O'Reilly

Liability Risks for the Building Owner

189

(1)

Legal Theories

190

(4)

How Should the Building Owner Interact with Other Defendants?

194

(1)

Threats of Adverse Publicity

195

(2)

11. Legal Options of the Complaining Occupant Employees

197

(12)

James T. O'Reilly

Introduction

197

(1)

How Workers' Compensation Interacts with Indoor Health

197

(1)

Important Elements of Workers' Compensation

198

(2)

Can Employees Sue Despite Workers' Compensation Barriers?

200

(2)

Dealing with the Complainer: Limitations

202

(2)

Pretermination Considerations

204

(1)

Unions and the Complaining Worker

204

(1)

Worker Complaints to Government

205

(1)

The Employer's Role in the Employee's Liability Action against Vendors

206

(3)

12. Complaints by the Tenant Company

209

(6)

James T. O'Reilly

Handling Complaints before Litigation

209

(1)

Claims of Economic Damage Based on Owner's Breach of Lease

209

(2)

When Habitability Warranties Are Implied

211

(1)

Damage Claims for Interruption of Work

211

(2)

Incentives Not to Sue the Building Owner

213

(1)

Counterclaim by the Building Owner

214

(1)

13. Building Owner's Options to Sue Persons Other than Tenants

215

(10)

James T. O'Reilly

Introduction

215

(1)

Architects and Designers

215

(5)

Product Manufacturers

220

(2)

Real Estate and/or Buildings' Prior Owners

222

(3)

14. Insurance Law Implications of Indoor Health Claims

225

(2)

James T. O'Reilly

Notice Requirements

225

(1)

Exclusions of Pollution Coverage

225

(1)

Duty to Assist the Insurance Carrier

226

(1)

Other Insurance Issues

226

(1)

15. Case Study: The Brigham and Women's Hospital Experience

227

(30)

Tamara Lee Ricciardone

Introduction

227

(1)

Background

228

(1)

Increase in Health Complaints

229

(1)

Investigation of the Operating Room Suites

230

(9)

Investigation of the Patient Tower

239

(7)

Union Issues

246

(3)

Legal Issues

249

(5)

Practical Recommendations

254

(2)

Conclusion

256

(1)

16. Case Study: Anchorage, Alaska

257

(4)

Alan Hedge

References

259

(2)

17. The Chicago High-Rise IEQ Case

261

(10)

Robert L. Graham

Cynthia A. Drew

Introduction

261

(1)

Factual Background

262

(1)

The City's Lawsuit

263

(1)

Joan Whitmer's Intervention Suit

264

(1)

Frank Whitmer's Personal Injury Lawsuit

265

(1)

Postscript

266

(1)

Avoiding Lawsuits in IEQ Situations: Lessons Learned

267

(2)

Conclusion

269

(2)

Appendix A. Additional Reference Materials on Indoor Environmental Health

271

(4)

Appendix B. Federal Agencies with Roles in Addressing IEQ

275

(2)

Appendix C. EPA and OSHA Contact Information

277

(2)

Appendix D. Standards and Reference Organizations

279

(2)

Appendix E. ASHRAE Guidelines

281

(2)

Appendix F. Private-Sector Contacts

283

(6)

Appendix G. Publications

289

(4)

Appendix H. Safe Drinking Water Act (SDWA) Contact Information

293

(4)

Appendix I. Considerations when Responding to Health Complaints

297

(2)

Appendix J. Research Report to Building Owners and Managers Association International, Institute of Real Estate Management, International Council of Shopping Centers, National Apartment Association, National Association of Realtors(R), and National Multihousing Council (Results of a National Survey of Workplace Professionals, August 24, 1995)

299

(8)

Appendix K. Checklist for IEQ Evaluation of a Building

307

(46)

Index

353

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