The paragraph below is a short summary of a larger, in-depth abstract taken from OSH-DB, the world's most comprehensive Occupational Safety and Health database. OSH-DB contains abstracts of over 230,000 articles, books, NIOSH bulletins, and other publications from the 1890s to the present day. For more information, go to the OSH-Link Home Page.

Cases of sick building syndrome (SBS) associated with the development of chronic fatigue syndrome (CFS) were described. Three apparent outbreaks of SBS were investigated: high school teachers in Elk Grove, California in 1989; federal government workers in Washington, D.C. in 1986; and high school teachers in Truckee, California in the 1980s. Reported symptoms included cough, headache, sore throat, fatigue, colds, sinusitis, dizziness, memory loss, and weakness. Illness deemed more serious than SBS was observed in nine of the 10 teachers who frequently used a single conference room in Truckee, five of the 22 responding teachers in Elk Grove, and nine of the 93 responding office workers in Washington, D.C. Individuals with severe fatigue tended to have symptoms of mucous membrane irritation characteristic of SBS; in addition, however, they frequently had neurological complaints not typical of SBS but characteristic of CFS. The authors conclude that CFS can apparently occur in the setting of SBS and may occur in predisposed individuals after exposure to noninfectious agents.

Clinical Infectious Diseases; 18(Suppl 1):S43-S48, 1994. (45 references)

Q: Are any of these symptoms localized within a certain area or widespread throughout the building?

Q: Do these symptoms disappear when the occupant(s) leave the building?

Q: Do occupants often comment that "there is a funny smell in here" or "my nose always stuffs up when I come into the building"?

If you answered "yes" to any one of these questions, your facility could be suffering from Sick Building Syndrome (SBS). SBS is used to describe cases where building occupants experience acute health and comfort effects that are linked to time spent in the building and not to an illness. Many different indoor air quality symptoms have been associated with SBS, including respiratory complaints, fatigue and irritation. Complaints may be localized in a specific area or widespread throughout the building.

If you answered "yes" to two or more of the above questions, then you seriously need to check your
building/location as soon as possible.  One easy way is to try a portable machine for a short test
test period that has a history of relieving these problems.  Waiting for weeks can skew results that
might change as the causes may change from: moisture in the air, or heat, cold, empty building, etc.

Standing water (environs for microbial growth)

Equipment (Internal or External)

Non-HVAC systems

Moisture problems have caused mold to grow on concrete around ductwork in this commercial building.
Photo courtesy of Advanced Certified Thermography.

Other Internal Sources
Human activities

Building components and furnishings

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As evidenced by sensational stories in The New York Times Magazine, regional newspapers, television specials on 48 Hours and The Today Show, and a number of regional and national conferences, toxic mold is an emotionally charged issue that has created a public frenzy over its potential health impact. 

Although it affects a broad range of concerns for risk managers, from damage claims to workers’ compensation, this frenzy has created an instant insurance industry crisis. The major reason toxic mold has become one of the hottest topics in the insurance industry is the usual reason: money, in the form of multimillion dollar judgments against insurers. 

The flagship case is Ballard vs. Fire Insurance Exchange. In June 2001, a Texas jury found in favor of the plaintiffs and awarded $32 million, including $12 million in punitive damages and $8.9 million in legal fees. The jury held that the adjuster owed a duty to inform the insured of the presence of toxic mold. 

At a June 2000 hearing on the mold issue, Farmer’s officials said they already have received more than one thousand new mold-related claims this year. Further, they said, independent actuaries have estimated that insurance companies will pay an additional $128.5 million for Texas-based mold damage claims in 2001.

Overcoming the toxic mold problem may prove to be one of the greatest environmental challenges for the insurance industry since asbestos. Over the past year, because of the press from Ballard vs. Fire Insurance Exchange, mold has garnered a lot of attention as to what should or should not be done. There are universities and private laboratories performing tests, insurance associations having symposiums and lawyers going to court. All of this attention has resulted in huge but still surmountable insurance problems.

If risk managers and other insurance professionals develop the knowledge base and use their combined risk management, engineering, litigation and financial skills to start fighting this crisis now, then perhaps many of the problems associated with other environmental problems can be avoided. Part of the problem with toxic mold is that until large jury awards emerged, only specialists paid much attention. Now is the time for the insurance industry to take notice, and for risk managers to take whatever proactive steps they can to counter a peril that may or may not be covered by existing policies.

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Perhaps inspired by Benjamin Franklin’s prescient observation, an increasing number of cases are being filed with a common claim: that the air in the buildings in which we work and live can make us sick. The ailment has been dubbed "Sick Building Syndrome" ("SBS"), and commentators predict that litigation involving SBS and associated claims will proliferate in the coming years.

There appear to be two main causes of SBS. The first is microbial contamination which occurs as a result of bacterial or fungal growth. Microbes breed in areas of excessive moisture, which may be caused by improper drying during construction or improper design and maintenance of the sewage, heating, ventilation and air conditioning ("HVAC") system in a building. The second primary cause of SBS is the organic gases which are discharged during the evaporation and decomposition of volatile organic compounds ("VOCs"). VOCs are found in synthetic products such as furniture, carpeting, paints and cleaning supplies.

The physiological effects of SBS are numerous. The World Health Organization has identified "eight noninclusive symptoms including: (1) irritation of the eyes, nose and throat; (2) dry mucous membranes and skin; (3) erythema, [redness of the skin and inflammation]; (4) mental fatigue and headaches; (5) respiratory infections and cough; (6) hoarseness of the voice and wheezing; (7) hypersensitivity reactions; and (8) nausea and dizziness."

Plaintiffs claiming to suffer from SBS have been suing building owners, building managers, architects, engineers, construction managers, contractors, sub-contractors, material suppliers and manufacturers allegedly responsible for the contamination of the building. Claims normally include several causes of action, including breach of contract, breach of express warranty, breach of implied warranty, strict liability, negligence, breach of the covenant of quiet enjoyment by constructive eviction, fraudulent concealment and misrepresentation, nuisance, assault and battery and emotional distress. Some examples of SBS cases include:

In defending the building owner, architect, contractor, subcontractor, or tenant, consideration must be given to whether there may be insurance coverage for the claims by or against one’s client. This article discusses the insurance coverage issues presented by SBS cases. It is not meant to be an exhaustive review of all the insurance coverage issues that may be presented. It is, however, intended to raise awareness of the issues that should be considered when making a claim for defense or indemnity under a liability policy or for benefits under a property insurance policy. In addition to the general considerations addressed in this article, the specific insurance policy at issue should always be consulted and all terms, exclusions, and conditions of that policy should be carefully reviewed. http://www.thefederation.org/public/Quarterly/Spring99/lucey.htm

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