It’s not unusual for employers to receive complaints from employees alleging that they have been exposed to black or other mold spores in the workplace. These complaints may follow weather events, workplace water leaks, or building renovations that employees believe led to a mold infestation. Workers dissatisfied with the employer’s response to these complaints may file complaints with the Occupational Safety and Health Administration, alleging exposure to dangerous workplace conditions.

In most situations, OSHA does not immediately send an investigator to inspect the premises for mold. Instead, the agency typically notifies the employer in writing of the complaint and requests a written response. Unlike other air contaminants, OSHA does not have a regulatory safety standard for mold exposure. While the agency could cite employers for mold issues under the General Duty Clause, there is no generally accepted exposure threshold that would trigger employer liability.

In the event an employer receives notice of an OSHA complaint alleging mold, the first step should be to engage a health and safety consultant to review the situation, conduct air monitoring, and look for signs of mold infestation. If that consultant finds no evidence of mold issues, those findings should be provided to OSHA as evidence of the absence of hazardous working conditions.

If the expert does find issues with mold exposure, the employer should promptly develop a remediation plan. This plan can include temporary relocation of all employees or those with sensitivities to mold exposure until those issues can be resolved. We recommend that employers be as transparent as possible with employees, providing them with accurate information about mold issues along with the remediation plan and anticipated timelines.

In some circumstances, an employee will provide information from a doctor indicating a sensitivity to mold exposure levels that would not present medical issues for most employees. If the underlying allergy or other medical condition rises to the level of a disability under the Americans with Disabilities Act, the employer may have accommodation obligations, even in situations where OSHA would not have grounds to cite the employer. These accommodations could include remote work, enhanced air filtration in areas where the employee works, or other measures intended to minimize that worker’s exposure to even low levels of mold spore exposure.

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