Workplace Mold a Health Hazard and Legal Risk, Warn Captain Javonson Willock

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Employers must take urgent steps to address mold infestations in the workplace, says Human Resources Consultant Captain Javonson Willock.

He warns that prolonged exposure poses serious health risks to employees and could leave companies vulnerable to legal action. His call comes amid growing concerns about indoor air quality and employee wellbeing across several sectors. Read more below:

Several persons have contacted us about mold in the workplace.

Since there are implications for employers and employees, we have opted to share general information in the parties’ mutual interest.

Mold in the workplace is nothing to take lightly because it can:

(i) Pose a serious health risk to staff; and

(ii) Result in legal actions being instituted against employers.

On the one hand, mold exposure, especially the black one, can result in a host of issues, including:

(i) Respiratory;

(ii) Allergic reactions;

(iii) Chronic fatigue and headaches;

(iv) Sinus congestion and throat irritation; and

(v) Severe effects for those with weakened immune systems or mold allergies

On the other hand, employees who have been exposed to mold and become ill may be able to claim:

(i) Breach of a statutory duty –

This is so because D10 of the Labour Code makes it mandatory for employers to:

(a) keep the workplace in a clean state;

(b) keep it from becoming overcrowded;

(c) maintain a reasonable temperature therein;

(d) provide adequate ventilation therein;

(e) provide lighting therein sufficient to avoid employees’ eyestrain

(f) provide effective means for draining floors; and

(g) provide suitable and sufficient sanitary conveniences.

(ii) Negligence –

Employers owe employees a duty of care to take reasonable action to protect them against harm and/or injury.

A failure to fulfill this duty could result in a common law claim at the High Court, attracting significant sums in damages (financial compensation).

(iii) Breach of trust and confidence –

Every contract has an implied term of mutual trust and confidence.

Therefore, considering the employer owns the property, they must ensure the building is mold-free to foster a habitable workspace.

If employees file grievances about the mold situation and it remains unaddressed, this may give rise to an employee resigning and suing for unfair dismissal with a reasonable prospect of success.

In closing, employers should conduct regular inspections and maintain ventilation and plumbing issues to mitigate mold buildup. Further, leaks and moisture ought to be treated without delay.

For expert advice, reach out to the Central Board of Health

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