Indoor air pollution must be viewed as an important concern to landlords and property managers. Last year, in fact, OSHA proposed some aggressive indoor air pollution regulations which would have cost industry a lot of money to implement. After weeks of hearings, it appears as if those regulations have been shelved. Clearly, however, this is recognized to be a serious, legitimate issue.

What happens when landlords ignore indoor health quality issues? That must be a sore subject for San Joaquin County, California officials. Having just been on the wrong side of a $4,183,528 verdict against the County, County officials now understand that indoor air quality must be maintained at high levels.

The facts
San Joaquin operates a county facility to house workers in its Family Support Services agency. The building required renovation, including new carpeting, paint, and work stations. These products were determined by the Court to have emitted poisons which were allegedly not removed due to an inadequate ventilation system.

A buildup and accumulation of high levels of toxic gases allegedly developed in the County building. The workers claim that Sick Building Syndrome then developed, which results from the re-circulation of the toxic gases that were emitted from the new carpet, carpet adhesive, and other renovation materials.

14 people complained of illness. A few were able to return to work after short absences. Some alleged they were permanently disabled. After 4 days of deliberation, the jury found the County to be liable.

The County has indicated that it will file a motion for a new trial and an appeal is expected from the ruling.

How to Protect Yourself
Indoor air specialists can assist property owners to ensure that safe, clean air is being recirculated. Much attention must be given to the HVAC system. Is the distribution system clean? Is an adequate amount of fresh air being drawn into the system and distributed?

Closed systems (where little fresh air is introduced) are dangerous and may be contrary to health regulations. If insufficient amounts of fresh air are being introduced into the system, this may be a serious problem that warrants attention.

National and local regulations govern indoor air quality control . Be sure to consult with appropriate engineering and legal professionals to ensure that reasonable and appropriate measures, including those required by law, are being fulfilled.

Also, be aware that this area of the law is developing. Health experts disagree on the extent that these diseases actually exist. Cases are often difficult to prove because of pre-existing conditions, unique sensitivities, and other case-specific factors.

Nonetheless, if you own or operate a commercial building, you can be legally responsible for illnesses alleged to have been caused by poor indoor air quality. In this sense, prevention is key.

The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.