What Happens When You Aren't in OSHA Compliance for Mold Remediation?

Eliminating mold is important for a healthy work environment.

If you, as an employer, are not in compliance with Occupational Safety and Health Administration's (OSHA's) published mold remediation recommendations, you will not be penalized, as there are currently no federal standards for airborne concentrations of mold or mold spores, as of June 2010.

Guidelines

There is "A Brief Guide to Mold in the Workplace" available online provided by OSHA, but it is not a law, and therefore it is not legally binding. Instead, it is meant to assist building maintenance personnel or professional contractors who must address mold and moisture problems in buildings.

Workplace

However, Section 5 of the General Duty Clause of the Occupational Safety and Health (OSH) Act of 1970 states that an employer must provide a workplace "free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees." If you do not comply with this General Duty Clause of the OSH Act, the federal government can issue a citation and you will have a certain number of days to respond or address the specified hazard.

Penalties

The civil penalty for an employer who willfully or repeatedly violates the Section 5 General Duty Clause is $5,000 to $70,000. A serious violation of Section 5 will result in a civil penalty of up to $7,000 for each violation, according to Section 17 of the OSH Act.

Safety

The possibility of a citation and penalties is only connected to the Section 5 General Duty Clause of the OSH Act. You cannot be cited for merely failing to follow the mold remediation guidelines provided by OSHA. Citations are based on federal standards, which currently do not exist for mold concentrations in indoor air.

Cleanup

The OSHA website provides guidelines on mold detection and removal. It includes step-by-step instructions for mold remediation in small, medium and large areas. It covers how to safely discard mold-covered materials, properly clean the affected areas, and take measures to prevent the spread or continued growth of the mold indoors. The guidelines also detail the protective equipment, such as gloves, eye protection and respirators, needed by those remediating the mold problem.

References

• Safety and Health Information Bulletins: A Brief Guide to Mold in the Workplace
• Occupational Safety and Health Act of 1970: Section 5, Duties
• Occupational Safety and Health Act of 1970: Section 17, Penalties
• Occupational Safety and Health Act of 1970: As Amended Through January 1, 2004