Suit alleges failure to address sick building syndrome
LOS ANGELES — Nineteen employees who work in the Los Angeles Borax Building have tested positive for legionella, the bacteria which causes the deadly Legionnaire's Disease.
A complaint filed on behalf of 12 employees for injunctive relief and monetary damages charges defendants with failure to take appropriate remedial action.
The suit, seeking to "abate a public nuisance," was filed on behalf of employee Wanda Cherry, all other employees at the Department's Miracle Mile headquarters, and members of the public who have entered the building. The complaint also seeks recovery for private nuisances and personal injuries because the Borax Building is alleged to suffer from "sick building syndrome."
All plaintiffs seek corrective actions from the defendants, which include the county, the building owners and the maintenance company.
The building is the home of the Los Angeles County Department of Children and Family Services, is open 24 hours a day, and is used by approximately 720 county employees who oversee child abuse cases and adoptions. The building is also visited by police, social workers and children brought in on an emergency basis.
The lawsuit alleges that since the County of Los Angeles took over the Borax Building in 1998, workers and visitors have been exposed to legionella bacteria and other dangerous biological agents and contamina.
While 19 employees have tested positive for legionella, others have complained and been hospitalized for respiratory illnesses including pneumonia, asthma, and bronchitis — ailments associated with Legionnaires Disease.
A Cal-OSHA investigation last year found enough evidence of this disease-causing bacteria in the building's water system to require remediation. However, the inspection stopped far short of examining all the potential causes of continuing illness among building employees.
This month, Cal-OSHA fined the County of Los Angeles for using non-potable water for drinking and washing at the site. They characterized this citation as "serious."