Legal Question in Environmental Law in Maryland

work environment

I have work in the same location for over 4 years. Since I have worked I have developed allergies, my eyes are allways red and itchy, my nose runs. I have had pneumonia three times. Many of my co-worker have the same problems with allergies, colds and bronchitis. The building we work in is very old and he roof leaks all the time. Is there some way to force our employer to have the building tested for toxis such as mold.


Asked on 6/26/04, 6:13 am

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: work environment

You may want to contact Maryland Occupational Safety and Health, 1100 North Eutaw Street, Room 613, Baltimore, Maryland 21201, (410) 767-2189.

The MOSH Act covers every Maryland employer except for certain exceptions such as working conditions of employees of the federal government or other specific statutory exceptions.

Imminent danger is required. Imminent danger means a condition that reasonably could be expected to cause death or serious physical harm immediately; or that which, before the imminence of the danger, can be eliminated through the enforcement procedures otherwise provided by the MOSH Act.

Your situation may or may not be covered by MOSH. There may be a contributing cause to your ailments that is chemical in origin. Contact them to find out what is available and/or to file a complaint. Certain protection exists for a complainant.

You could also bring a private action for negligence; however, this would be at your cost and may not provide the protection available under MOSH.

Hope this helps.

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Answered on 6/26/04, 2:30 pm


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