Investigation says veterans hospital in violation of mold cleanup guidelines

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Sunday January 13, 2008

Investigation says veterans hospital in violation of mold cleanup

guidelines

Hagerstown Morning Herald - Hagerstown,MD*

By MATTHEW UMSTEAD

martinsburg@...

http://www.heraldmail.com/module=displaystory & story_id=183186 & format=

html

MARTINSBURG, W.VA. - An employee and a patient's exposure to mold in

October 2006 at the Veterans Affairs Medical Center (VAMC) near

sburg triggered an internal investigation and appears to

explain why the hospital was cited last month for health and safety

violations by a U.S. Department of Labor agency.

A 19-page report about the internal investigation obtained by The

Herald-Mail cites the medical center off Town Road for

violating health and safety guidelines, such as having the employee

use a shop vacuum for mold cleanup in the Same Day Surgery

kitchenette area without the appropriate filter.

" Surgical masks do not afford adequate protection. There is even

less protection when worn over (the employee's) beard, " a four-

member investigative team with the U.S. Department of Veterans

Affairs' Center for Engineering & Occupational Safety and Health

(CEOSH) said in a report compiled after their visit on Sept. 11 and

12, 2007.

The CEOSH " special purpose visit " to the hospital came two months

before Occupational Safety and Health Administration (OSHA)

officials found three health and safety violations, two deemed

serious, in an inspection on Nov. 20 and 21, 2007.

On Dec. 27, OSHA issued a Notice of Unsafe or Unhealthful Working

Conditions, and gave the medical center until Jan. 24 to abate them

or request an informal conference with the U.S. Department of Labor

in ton, W.Va., to get more time.

Hospital administrators declined comment last week.

" The CEOSH report is an internal review, " VAMC spokeswoman Barbara

B. Corbin said. " It remains open and ongoing, and at this time, it

would be inappropriate to comment. "

Report findings

According to the CEOSH report, the patient, who was compensated for

work done at the hospital as part of his therapy, has not been found

since he and the employee were exposed to mold on Oct. 18 and 19,

2006. The mold was caused by a leak from an ice machine in the

kitchenette that was discovered Oct. 17, 2006.

The investigative team reported that the patient never should have

been working on the cleanup, and also was wearing inadequate

respiratory protection.

The Same Day Surgery unit remained open while the mold removal was

under way, and three patients had procedures done during that time,

according to the report.

" According to medical center staff, none (of the patients) suffered

adverse health effects, " the report said.

When the mold was discovered, Same Day Surgery staff had been

complaining of upper respiratory symptoms, and 31 employees

ultimately were evaluated for potential health effects of mold

exposure, according to the CEOSH report.

All but one complaint was resolved since the mold was removed, but

it wasn't completely abated for two weeks, according to the report.

" Samples taken two weeks after the incident confirmed that mold was

present following the Medical Center's cleanup effort, resulting in

the use of contractors to finish the work in the walls of the Same

Day Surgery kitchenette, " the report said.

After scraping, vacuuming and removing a mold-contaminated board

from the kitchenette in violation of guidelines, investigators were

told the employee was assigned to five more mold remediation jobs at

the hospital, one as recent as the week before the 2007 Labor Day

weekend.

The employee, already limited by chronic lung conditions,

experienced shortness of breath while at work several weeks after

being exposed to the kitchenette mold and was prescribed an inhaler

by a doctor, according to the CEOSH report.

Compensation claim denied

The internal investigation noted that the employee's workers'

compensation claim had been denied and was pending appeal.

Coffin, spokesman for U.S. Rep. Capito,

confirmed Friday that VAMC employee Harmison asked for the

congresswoman's help with the claim appeal to the workers'

compensation district office in Philadelphia in September 2007. More

than 20 pages of documentation concerning the mold exposure also

were faxed to Capito's office, he said

" We do this on a number of occasions when federal employees have an

issue with a workers' compensation claim, " Coffin said of review

requests, which Capito makes on behalf of constituents.

The CEOSH report appears to criticize the denial of Harmison's

workers' compensation claim, noting documentation made no mention of

the fact that a respirator wasn't offered to the employee, a

requirement for removing drywall with mold on it.

Along with increased shortness of breath, Harmison in a recent

interview confirmed the internal report's findings that he also

experiences a heightened level of joint pain.

" I shouldn't have even been in that area, " Harmison said of his pre-

existing medical condition.

The 57-year-old Berkeley County resident said he has been employed

at the VAMC for nearly 35 years, and currently works in the center's

engineering department, assigned to painting, carpentry and general

maintenance and mechanical jobs.

The internal report said no written mold management policy at the

medical center was in effect when the mold was discovered, more than

two years after the Veterans Health Administration recommended local

policies for controlling mold and moisture be developed in May 2005.

" If I want to sleep at night, I have to have a fan on my face, "

Harmison said of his worsened breathing condition. " My wife says

that I moan when I turn over (in bed). "

Harmison admits that smoking for more than 30 years caused his lung

condition, but said his breathing capacity had been improving after

he quit smoking about 11 years ago.

" We'd never been trained on mold when this took place, " Harmison

said.

Ongoing concerns

The CEOSH investigative team noted its visit followed two Veterans

Health Administration Central Office site visits and an independent

quality review team identified " several problems " in

sburg. " Because of ongoing concerns, an investigative team to

sburg (VAMC) has been assembled to review issues of mold and

moisture remediation and the consequences for an employee and a

patient, " the report said.

The CEOSH investigators also said it did not appear that

recommendations given to the medical center in June 2007 to conduct

a formal investigation were addressed.

" As the employees' representative, SEIU/NAGE Local R4-78 is doing

everything within our scope of ability to assure that management

complies with all regulations pertaining to a safe work

environment, " Local R4-78 President said when asked

about the mold issue.

A spokeswoman for U.S. Sen. D. Rockefeller, a ranking member of

the Senate Veterans Affairs Committee, said the West Virginia

Democrat was " very concerned " about the OSHA violations.

Stanton said Rockefeller had contacted the medical center to

discuss the citations, which included the facility's administrators'

apparent failure to train its employees on use of respirators and

access to records.

" Senator Rockefeller will continue working closely with the hospital

to ensure problems regarding employee health and safety are

resolved, " Stanton said.

Stanton said Rockefeller has been " actively involved in oversight "

regarding the overall quality of care and facilities at the medical

center.

" He has requested a top-to-bottom quality assurance report from the

Department of Veterans Affairs through the Senate Veterans Affairs

Committee, and expects to receive a response early in this new

year, " Stanton said.

The Veterans Affairs Medical Center and community-based outpatient

clinics provide care to more than 35,000 veterans, with more than

300,000 outpatient visits per year. Built in 1984, the 175-acre

campus east of sburg includes a 69-bed hospital, a 178-bed

nursing home care unit and 312-bed domiciliary.