By Robert Breslin

About a month ago, SafetyXChange published a two-part story about indoor air quality (IAQ) (Editor's Note: By John Bruce, August 9 and 16). As the Director of OSHA Education Training for Vanguard Environmental, Inc., a national consulting firm based in Oklahoma, I would like to address another, perhaps even more important aspect of IAQ. IAQ not only affects the health of workers in a particular facility, it affects the health of the organization itself. I am talking about issues involving legal liability. Here are some steps to take to protect yourself.

Documentation

It is imperative that a workplace create defensible documentation of the entire work environment to prevent frivolous lawsuits against the organization relating to IAQ. This historical documentation has saved many of my clients! Without consistent records of contaminant levels, any person employed for even a short period of time can claim loss of hearing or respiratory function and walk away with a five- or even six-figure settlement.

Sampling

IAQ sampling should be performed twice a year:

• Once in the summer when windows and doors are normally open (air dilution); and
• Once in the winter when the facility is closed and fumes/vapors are more concentrated.

Doing this not only provides a more accurate understanding of seasonal variations in ventilation vs. production levels vs. contaminate levels, it also helps close a seasonal "window" of legal liability.

One statement I hear regularly is "Yeah, it's not too bad right now because all the windows are open, but you should be here in the winter when the building is closed up."

If an employee makes that statement during legal proceedings and a company does not have historical, seasonal monitoring, break out the checkbook because you are going to be writing a big check!

Following this schedule not only identifies times and/or seasons of peak contaminate levels, it provides hard data that facility managers can use to monitor the performance of building ventilation systems and equipment. This can contribute to better process control and reduced operating costs. Do you want to know how switching from a solvent-based cleaner to a water-based biodegradable cleaner affects IAQ? Simply evaluate the results of a recent IAQ report with previous years and you have an answer - not conjecture, not guesswork, but hard scientific data.

Conclusion

Although it may not be measurable or even considered as a tangible benefit, when a workforce observes constant monitoring of a work environment, employees tend to be much more aware of management's proactive efforts to protect them as employees. This results in a general increase in safety awareness and employee satisfaction. It also helps prevent litigation because employees realize the company is not an easy target!

IAQ monitoring is relatively inexpensive and this relatively low cost investment could literally save a company. How many other investments in safety equipment or machinery offer such a high return on investment?

The Canadian Perspective

This article works for employers on both sides of the US-Canada border. The liability risks Mr. Breslin describes and the steps he recommends organizations take to guard against them, including sampling, apply equally to Canadian employers.

HEALTH & SAFETY LAW TRAVELOGUE

AUSTRALIA

Norm Keith - bio

By Norm Keith, B.A., LL.B., CRSP

Australia has experienced relatively high rates of work-related fatal and non-fatal injuries and illnesses. For example, although there is an absence of reliable data, it has been estimated that over 2,000 people die per year from previous occupational exposure to hazardous substances. Three years ago, the Australian government launched an ambitious 10-year plan designed to dramatically reduce workplace injury and illness rates. Although some improvement has occurred, the government freely admits that "considerable scope exists for further progress."

Health & Safety Profile: Australia

• Population: 19.9 million
• Labor Force: 10.2 million
• Total Accidents: Not Available
• Total Fatalities: Not Available
• Life Expectancy: 80.26 years
• GDP per Capita: $29,000
• Government Type: Constitutional Monarchy and Democratic Federal State
• OHS Legislation: OHS statutes and regulation
• Enforcement: Substantial regulatory enforcement, minimal criminal enforcement

About Norm Keith

Norm Keith, BA, LL.B., CRSP, is a partner in Gowlings' Employment and Labour Group, specializing in occupational health and safety law, workers' compensation, privacy law, labour and employment law, and alternate dispute resolution. He has extensive experience with wrongful dismissal, human rights, labour arbitration, judicial reviews, Ontario Labour Relation Board cases and fiduciary duty lawsuits.

To view his bio, click here. You can contact Norm by email here or by phone at (416) 862-5699.

Story Tools:  Email This Post  Print This Post Top