Mold allegations lead to lawsuit

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Monday, February 18, 2002

Copyright © Las Vegas Review-Journal

Mold allegations lead to lawsuit

Employees say work conditions unhealthy

By GLENN PUIT

REVIEW-JOURNAL

says she started feeling ill within three months of starting

her job at the Nevada Child & Family Services offices on West ton

Boulevard.

The former mental health counselor for the agency said she suffered from

constant dizziness, severe heart palpitations and chronic fatigue. The

illnesses have persisted for months, she said, causing several visits to

specialists and thousands of dollars in medical bills.

" There are times I thought I was going to have a heart attack, " she said.

" I've been to the emergency room twice. "

is not alone in alleging unhealthy work conditions at the property

at 6171 W. ton Blvd., east of Rainbow Boulevard.

" We have too many people who feel the same way, " said Lynn , who

works at residential treatment homes on West ton. " The incidents of

upper respiratory infections are out of this world. "

The cause of their illnesses?

, and 78 other state employees allege in a lawsuit their

suffering is a result of exposure to mold growing in old buildings where

there are leaky pipes and where structural cracks allow rainwater to seep

inside. The complaint, filed earlier this month, names the state of Nevada

and other entities associated with the property as defendants.

" When you talk to these people, most say they never got sick before this, "

said. " The stories are all the same. "

State officials said last week they have begun remediating some 11 buildings

on the property at a cost of about $1.5 million. Dunt, a risk manager

for the state, said it is possible some workers may have had health problems

because of the mold.

" Some people may be experiencing adverse health effects, " Dunt said. " We

have offered them through our workers compensation program the opportunity

to be evaluated by specialists. We are taking each person's case on an

individual basis. "

But Dunt said that the severity of any illnesses is subject to significant

debate.

" The information we have received from our occupational health consultations

is that there are no established long-term effects from the exposure to

mold, " Dunt said. " It is acknowledged further study is needed. "

The 11 buildings are home to several Family & Youth Services programs,

including mental health services and therapeutic preschool inpatient

services. The facilities have been there since the mid-'70s, said Family &

Youth Services Deputy Director Christa .

Heitzenrater, project coordinator for the remediation, said at

least three types of mold have been found. She said stachybotrys,

aspergillus and penicillium molds have been confirmed as present on the

property.

Those types of molds can cause severe illness, especially in small children

and the elderly, and can be especially problematic for people with

compromised immune systems, some scientists have said.

The Pahrump Valley High School was recently shut down indefinitely because

of mold, and similar problems have been reported at the Cannon Center

on 11th Street in Las Vegas.

, a lawyer who filed the lawsuit on behalf of the workers, said

the state has neglected its duty in protecting its employees. He said his

office has obtained a letter from the Nevada office of Occupational Safety

and Health Enforcement detailing health complaints at the West ton

complex as early as 1995.

The state, he said, didn't start remediation until 2001.

" One lady was hospitalized for a month and she didn't know what was making

her sick, " said. " It was the mold. They had people who were

complaining about the mold and getting sick and they didn't do anything

about it. "

said a belief that there was a lack of action by the state is shared

by many Child & Family Services employees.

" Maintenance requests have been going in for years and they don't get done, "

she said.

said she resigned because of frustration over a lack of response to

the problem. She said she was forced to use all of her sick days and go into

debt for medical treatment.

" They are still leaving children in the residential buildings 24 hours a

day, seven days a week, " said.

The two women also said there have been threats of retaliation against

workers who have complained.

" I've been depressed and discouraged by it, " said. " It's been so

long and there is no resolution. "

State officials said they are not aware of any OSHA letter, and that they

initially became aware of the problem in November of 2000. They said the

situation has been addressed as promptly as possible with concern for

workers' well-being.

" I understand that the employees have become frustrated because the

investigation and remediation process takes a longer period of time than

what they had hoped, " Dunt said.

Laurie Buck, an attorney with the Nevada Attorney General's Office who is

defending the state against the lawsuit, said state officials have been

meeting weekly to discuss all issues stemming from employee complaints.

" When employees come forward and indicate they have a problem, we jump on

it, " Buck said.

Dunt said after the problem was confirmed in November of 2000 at a single

building, a decision was made to temporarily relocate employees from that

building.

" What happened was once we relocated, the employees reported additional

problems, " Dunt said.

Dunt said once the need for a cleanup was studied and defined, it took time

to secure the $1.5 million in funding from the state Legislature, which

meets every two years. The anticipated completion date of the cleanup is now

scheduled for June 30.

Dunt said the state's No. 1 goal is removing the mold and the leaks causing

it.

" This should result in the clearing up of any health symptoms, " she said.