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News Flash! - Mold Legislation Update

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The Melina Bill - H.R. 5040
 

 
 John Conyers - Congressman's discussion on H.R. 5040

 
 Link to a .pdf file on the bill: http://www.chelsea-grp.com/pdf/melina.pdf

 
 American Industrial Hygiene Association - AIHA.org

   http://www.aiha.org/GovernmentAffairs-PR/html/pr-SPR-02-815-01.htm

   The following is a link to this bill as commented on by: AIHA.org

AIHA Comments on H.R. 5040 - The Melina Bill

FAIRFAX, VA (Aug. 15, 2002) – The American Industrial Hygiene Association commented this week on H.R. 5040. The “United States Toxic Mold Safety and Protection Act of 2002,” also known as the “Melina Bill,” was introduced by John Conyers, Jr. (D-Michigan). The legislation addresses many issues related to mold including a requirement to set standards for mold exposure, creation of indoor mold hazard assistance, development of construction standards as they relate to mold, providing tax provisions for mold inspection and remediation, and creation of a national toxic mold hazard insurance program.

“We recognize that the intent of the bill is to address mold as a broad issue. However, we believe the best way to do this is to prevent mold growth in the first place,” said Gayla J. McCluskey, CIH, CSP, ROH, QEP, AIHA President. “AIHA is pleased that the issue of mold is being addressed. We hope that our input will be considered on the areas of concern for OEHS professionals.”

There are four basic areas of concern expressed by AIHA:

 AIHA does not believe it is possible to define or set permissible exposure limits for “toxic mold.” With the current science, AIHA believes that it is not possible for any single study to ascertain levels at which exposure to mold or mold byproducts will harm human health.

 AIHA is primarily concerned about standards for individuals involved with inspection and remediation of mold. AIHA would like to see Certified Industrial Hygienists (CIHs) formally recognized as being pre-qualified to address mold inspection and remediation. Others who work with mold should be required to have sufficient education and training.

 Only accredited labs should analyze mold samples. One of the requirements to address the potentially harmful effects of mold contamination is to identify the type of mold and the level of exposure. It is imperative that only laboratories accredited for the appropriate analyses by a nationally-recognized accrediting body or authority conduct mold testing.

 The Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH) should be among the agencies designated to implement this legislation. As the bill now stands, the EPA is given complete oversight over the issue. Mold occurs in the occupational environment as well as residences. AIHA is concerned with those who are exposed to potential mold hazards in the workplace as well as those who are involved in mold inspection and remediation.

Additionally, AIHA is concerned about language in the bill that would leave development of standards, guidelines, and recommendations to those who develop national building and construction standards. AIHA does not feel that organizations involved with establishing construction standards have the necessary background and insight into the qualifications necessary for individuals and laboratories involved with mold inspections and remediation.

More information about AIHA’s information on mold are available in the May 2001 Report of the Microbial Growth Task Force (AIHA Press) and on the AIHA web site (www.aiha.org) where consumer and professional factsheets, the transcript of the June 2002 Mold Press Conference, and other materials may be found.

Founded in 1939, the American Industrial Hygiene Association (AIHA) is the premier association of occupational and environmental health and safety professionals.  AIHA's 12,000 members play a crucial role on the front line of worker health and safety every day. Members represent a cross-section of industry, private business, labor, government and academia.

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