Operators make fixes; workers file claims

[Guest guest]

Operators make fixes; workers file claims

San Diego Union Tribune. San Diego, CA*

By Brent Schrotenboer

UNION-TRIBUNE STAFF WRITER

September 13, 2007

http://www.signonsandiego.com/news/northcounty/20070913-9999-

7m13mold.html

Despite more than $121,000 so far in repairs, a dispute remains

unsettled over toxic mold levels at Surfside Race Place, a state-

owned off-track wagering facility next to the Del Mar racetrack.

On one side are several parimutuel workers and their doctor, who

says the building needs to be " gutted " and has documented symptoms

she attributes to mold in the building.

On the other side are operators of the facility, who say the problem

is corrected and that recent mold readings are normal, and who last

year blamed complaints on " a few disgruntled workers who would just

like to see us fail. "

The facility, which is closed during Del Mar's live horse racing

season, reopened Friday. In recent years, it has taken in more than

$110 million annually in wagers from more than 730,000 patrons.

" I just think they need to gut the whole building and fix the

drainage and fix the air conditioning and start fresh, but it's

going to be a lot of money, " said , a doctor for at

least three Surfside employees who have filed workers' compensation

cases with the state.

is part of the preferred network of doctors for the employer,

Southern California Off-Track Wagering Inc.

At least eight workers attribute previous or recurring respiratory

or sinus illnesses to high mold levels that flared up after heavy

rains and leaks in fall 2004.

One had sinus surgery last summer. Another hasn't been cleared to

return to work there in two years. A third said her doctor has told

her to avoid working in part of the building.

The 22nd District Agricultural Association, the state agency that

operates Surfside, has spent $121,013 to remove water, replace walls

and roof tiles, and make other mold-related repairs, mostly in 2005

and 2006.

" We've done extensive work at an extensive cost, " a district

spokeswoman said.

The state's Division of Occupational Safety and Health concluded

that the problems " were corrected in a satisfactory manner, "

according to a July letter to the president of the parimutuel

workers union, Castro.

Air tests in January and August found mold levels were low or

normal. The January report noted that " mold growth is very dependent

on moisture, and we have had a very dry season. "

Because mold levels affect people differently, there are no state

standards for what is considered safe. Since mold can recur if not

completely removed, both sides agree the building needs testing

every six months and after significant rains.

Problem started in '04

The $11 million Surfside facility opened in 1991 at the Del Mar

Fairgrounds and racetrack. Though attendance is down from earlier

this decade, it has been one of the most lucrative of the state's 33

satellite betting facilities. The number of employees in the

building usually ranges from 25 to 60.

Heavy rain in fall 2004 led to flooding, wet carpeting and walls. A

leaky air conditioner last year didn't help. Testing reports from

2006 showed elevated mold levels at several locations and

recommended remediation, which the district says it has done.

Moisture and water intrusion feed mold, which can thrive in indoor,

air-conditioned buildings with cellulose-based (wood, paper fiber)

composition. Spores get in the air and can be inhaled.

" When buildings get wet, those spores germinate and mold starts to

grow, " said Straus, a mold expert with the Texas Tech

University Health Sciences Center. " These are very poisonous

compounds. "

Though some people are not sensitive to mold, others may suffer

symptoms after exposure to relatively low levels. Several workers

said their health improved when not in the facility:

Therese O'Connor was celebrating her niece's birthday at a downtown

Italian restaurant in 2006 when she noticed she couldn't taste her

food. Within a few days, she lost her sense of smell.

" It felt like I was being stabbed between the eyes a million times,

right in my forehead, " O'Connor said. She had sinus surgery in July

2006 and has a workers' compensation case pending. She still works

at Surfside.

Penny took medical leave in 2005 and last year after

experiencing lung and sinus problems. Her doctor advised against

working downstairs at Surfside after symptoms appeared when she

worked there this summer. Her workers' compensation claim is

pending, and she plans to return to Surfside this month.

Riley Tilden retired in 2005. " I was sick all the time when I

worked in that building, runny nose and sick in the head, " she

said. " The minute I left, I got better. "

Glorianne worked there for part of 2004 and 2005. " I wasn't

sick when I got there, but I was really sick when I left, " she said.

Jeff Suttle came down with severe breathing problems and hasn't

been cleared to go back in about two years. He has been receiving

disability pay and has a workers' compensation case pending.

Barbier had respiratory problems in recent years and left

Surfside to work at the Los Alamitos track, although it's farther

from his San Marcos home.

Pat , who retired in 2005, thought she had bronchitis. " I

quit getting sick when I stayed away, " she said.

Greg Tobias, a part-time clerk, said he has experienced shortness

of breath and congestion for several years.

On Jan. 29, Colin , an assistant satellite supervisor at the

facility, died of respiratory failure and pneumonia, according to

his death certificate. He had lymphoma, but , who worked with

him, said suspected his weakened condition made him more

susceptible to respiratory problems caused by the mold. Workers said

he worked there shortly before his hospitalization.

Straus, the Texas Tech expert, said mold can be most dangerous to

those with cancer or low immunity, but " you'll probably never be

able to prove " that somebody died directly because of it.

More testing planned

In August 2006, , a health and safety official with

the 22nd District Agricultural Association, wrote in a letter to the

state's Division of Occupational Safety and Health that the health

and safety of workers and patrons are of " utmost importance. "

" In all fairness, we have a few disgruntled employees who would just

like to see us fail and think we have deep pockets, " wrote.

When contacted, referred questions to the district

spokeswoman.

The most recent air-testing, in August, showed " normal levels " of

mold and recommended continued testing.

" Right now, (mold readings) are low, and if something goes wrong,

they're going to do something about it right away, " said Ingrid

Fermin, executive director of the California Horse Racing Board,

which licenses the facility.

But she agrees the real test hasn't come yet.

" Until we get a rain, how do you measure how significant the repairs

have been? " Fermin said.

In 2001, California adopted the Toxic Mold Protection Act, which was

to consider the " feasibility of adopting permissible exposure limits

to mold in indoor environments. "

Those limits have not been adopted because of lack of funding,

according to a state official. Likewise, there are no national or

local mold exposure standards.

Without such legal standards, debates arise about what is necessary

to remedy such situations.

" All the building surfaces that the organism is growing on need to

be removed and replaced with clean material, " said Straus, speaking

of mold remediation in general terms. " If you do that, the building

should be fine. "

Castro, president of the parimutuel workers union, said the latest

testing report has not convinced him all of his workers are safe.

" The union is definitely not satisfied, " Castro said. " They've made

a lot of progress. We're pleased they're doing testing. But we know

it's going to be ongoing. "

---------------------------------------------------------------------

-----------

Brent Schrotenboer: (619) 293-1368;

brent.schrotenboer@...