By Bob Baker

We recently returned from Indoor Environment '97, which was held in Baltimore's Inner Harbor April 7-9. With Camden Yard and the harbor as a backdrop, this is a great place for a meeting even if the temperature was a bit chilly for this Tampa boy. Since the team wasn't in town, I actually attended all the sessions. As a result, I can report on the conference.

This conference, which is sponsored by a number of organizations with the Indoor Environment Review in the lead, has grown to an impressive event. Just a few years ago, it consisted of a couple dozen IAQ pioneers. This year, four hundred plus attendees listened as many of the industry leaders brought them up on the latest in the art, science, and law of Indoor Air Quality. I myself spoke at the session on remediation and prevention of indoor contaminants.

Rather than try to report the details of the conference, (They are well worthwhile and a printed copy of the proceedings is available for those interested.) I will give a brief overview then share my impressions of what new came out of the conference and what might impact you. There is much happening in the IAQ world that will impact both you as an HVAC Contractor and your customers.

The three main tracks at the conference were a) Programs, Research and Standards, b) Evaluation, Remediation & Prevention, and c) Healthy Building Management. Each track consisted of seven sessions and each session featured two to four presentations. In addition, three and one half-hour workshops were held on 62-R (the ASHRAE standard), Litigation and liability, and Microbial Contamination. In addition, the general sessions featured 62-R with ASHRAE committee chair Steven Taylor mounting a positive and articulate defense of the draft on Tuesday and Paul Cammer of the Business Council on Indoor Air expressing several strongly stated concern on Wednesday. So, what does this all mean to you?

A New Science

We were reminded that IAQ as a separate science is only about five years old. Many of us have been trying to understand IAQ issues since 1986 when ASHRAE held the first IAQ conference. But we forget that until very recently, we took an industrial hygiene approach to indoor air problems. We thought poor ventilation was the problem and better ventilation the solution. It was not until the early 90's that we began to suspect that indoor air quality was a much more complex subject and considerable research and study would be needed to even begin to understand the causes and solutions to the problems we were seeing.

The "industrial hygiene" mindset slowed our progress. We assumed that the standards and methods developed for industrial settings could be applied to other indoor environments. As a result, little in the way of new research was initiated and new standards setting initiatives were not undertaken until very recently. Now numerous studies are being planned and some are under way. Unfortunately, such research does not happen overnight. Study methods must be developed, protocols written, and funding obtained. This all takes time. Finally, the studies themselves can take months or years before useful information is available.

Even when information is available, it takes time to set new standards. The experts in the field must agree on what the research shows and what from that research should become standards or laws. Both the OSHA indoor air quality rule and the ASHRAE 62-R have been criticized because it is claimed that much of their content is based on opinion rather than verified research and facts.

Uncertainty Equals Legal Risk

Any time there is a perceived problem but standards, laws, and business practice are not addressing the problem, people who believe they are harmed, will turn to the legal community for protection that they do not believe they are getting elsewhere. This has happened with perceived indoor air quality problems. Increasingly, workers who experience discomfort or health problems they believe are related to poor indoor air in the workplace are complaining to the courts.

One session reported on the current caseload. Where only two suits were reported as recently as five years ago, there were hundreds of cases making their way through the courts in 1996. Few facts are available about the total dollar impact of these suits, as most have been settled out of court. That in its self is frightening to facility managers. Those who are paying must feel there is some chance they will lose if they go to court.

A New Ambulance to Chase?

While many of these cases appear to be genuine cases of suffering or loss, many are highly questionable. This is because the attorneys who make up the fringe of the legal system have began to see the area of IAQ as a big opportunity. Such attorneys actively seek persons who they can use as the basis of an action. In some cases, the plaintiffs may not have been injured in any way or their sickness may have nothing to do with the indoor environment. However, in increasing numbers, they are going to court and costing employers and building owners millions of dollars.

Protecting Your Customers

Your customers are concerned about the potential for loss and legal exposure. That is demonstrated by the fact that nearly half of those attending IE '97 were facility managers. Presentations revealed that most cases are won by plaintiffs or settled because the facility manager is unable to prove that any steps were taken to prevent a problem. Thus, they were seen as negligent.

It was pointed out that an owner could reduce liability by up to 50 percent by having documented regularly scheduled preventative maintenance including microbiocide treatment of the HVAC system. This is because current research suggests that up to half of IAQ problems result either directly or indirectly from microbial growth in air conditioning systems. As a responsible contractor, you need to establish a preventative maintenance program that includes written documentation. You can provide this as a product offering to your commercial customers and offer them added protection while improving your profits.

A Building or a Product?

Another trend that was discussed extensively at the meeting is the effort being made by the legal community to classify a building as a product. Next issue, we will discuss this and its implications on both you and your customers.

Mr. Baker's field of expertise is the control of contamination in air-conditioning and ventilating systems by mold, mildew and bacteria. He writes and speaks frequently about the efficacy, legal risks, and regulatory issues involved in various control strategies. He serves on ASHRAE Technical Committee TC 2.3, TC 2.4, TC 9.8, and Sampling of Airborne Particulate Concentration in Commercial and Residential Buildings GPC 17P. He also serves as a member of ASTM D22.06 (Indoor Air Quality) and is on the Board of Directors of the Indoor Air Quality Association and the Florida Public Health Foundation. Because HVAC applications encompass new uses from an U.S. EPA regulatory standpoint, Mr. Baker works closely with the EPA and industry groups, including serving as the chair of the IAQ committee of the Consumer Specialty Products Association, to help formulate policy in this area.

Bob Baker is Chairman and CEO of BBJ Environmental Solutions, Inc., a company specializing in providing clean air through environmentally responsible products, such as BBJ MicroBiocide , BBJ Micro Coil Clean , "FreshDuct Odor Eliminator ", and BBJ Mold and Mildew Remover™ as well as the revolutionary new Power Coil Clean™. For additional information, Mr. Baker can be reached at (800) 889-2251 or through the company web site at http://www.bbjenviro.com.