Congressman Serrano Urges Department of Labor to Play Active Role in Addressing Legionnaires’ Disease in the Bronx

WASHINGTON, DC – Today, U.S. Congressman José E. Serrano sent a letter to Secretary of Labor Thomas Perez asking for the Department of Labor, specifically the Occupational Safety and Health Administration (OSHA), to play a role in the federal investigation of the origins of the Legionnaires’ disease in the Bronx and to help determine whether the violation of federal workplace safety laws have been a factor in the outbreak. Most of the locations affected so far are workplaces required to meet federal safety regulations.

“As you know, the current outbreak of Legionnaires' disease in the Bronx has killed 10 individuals and sickened more than 100. As of August 10th, ten locations have tested positive for Legionella,  including a hospital, a hotel, a manufacturing facility, a mall, and two office buildings (as well as a public school, two government office buildings, and a privately owned building).  What many of these locations have in common is that they are workplaces- and several are ones that involve significant interactions with members of the public.  As local, state, and federal health authorities continue to investigate the origin of this crisis, I believe that we are now at a point where OSHA expertise and experience would be helpful in determining whether federal workplace safety laws were violated in the lead up to this event, and in promoting safe workplaces in the affected areas.  Given that many of these indoor workplaces were also areas frequented by the public, such an investigation would yield great benefits to the entire community,” wrote Congressman Serrano in the letter.

Congressman Serrano also encouraged the Department to revisit previously proposed indoor workplace air standards shelved by the Bush Administration in 2001, which “would have required employers to develop written plans to maintain indoor air quality, conduct regular inspections and maintenance to ensure indoor air quality, and to take preventive measures to control specific hazardous sources.”

Full text of the letter:

The Honorable Thomas Perez
Secretary
Department of Labor
200 Constitution Avenue, NW
Washington, DC 20210

Dear Secretary Perez,

I write to you regarding the ongoing Legionella crisis that is affecting significant portions of my congressional district in the Bronx.  I urge your department, specifically the Occupational Safety and Health Administration (OSHA), to play an active role in addressing the ongoing crisis in my district.

As you know, the current outbreak of Legionnaires' disease in the Bronx has killed 10 individuals and sickened more than 100. As of August 10th, ten locations have tested positive for Legionella,  including a hospital, a hotel, a manufacturing facility, a mall, and two office buildings (as well as a public school, two government office buildings, and a privately owned building).  What many of these locations have in common is that they are workplaces- and several are ones that involve significant interactions with members of the public.  

As local, state, and federal health authorities continue to investigate the origin of this crisis, I believe that we are now at a point where OSHA expertise and experience would be helpful in determining whether federal workplace safety laws were violated in the lead up to this event, and in promoting safe workplaces in the affected areas.  Given that many of these indoor workplaces were also areas frequented by the public, such an investigation would yield great benefits to the entire community.

I also believe that given this outbreak, it is also time to for OSHA to revisit its previously proposed indoor workplace air standards (Indoor Air Quality, 59 Federal Register 15968-16039 (April 5, 1994)).  First proposed in 1994, these standards would require employers to implement controls to minimize the dangers from outdoor air contaminants, microbial contamination, hazardous chemicals, and other sources of health risks for employees.  As a microbial contaminate, Legionella was specifically included in this proposed rule.  The proposed rule would have required employers to develop written plans to maintain indoor air quality, conduct regular inspections and maintenance to ensure indoor air quality, and to take preventive measures to control specific hazardous sources.  Unfortunately, this rule was never finalized, and was eventually withdrawn by the Bush Administration in 2001.  

The outbreak of this disease in New York has not occurred in isolation.  Over the last decade, the number of cases of Legionnaires' disease has more than tripled.  Clearly, we need to do more to address not just this illness, but a whole host of problems that can develop from unsafe air quality.  The 1994 rule, modified to address more recent workplace advances, would do just that.  It would help minimize exposure to diseases like Legionella, and would help ensure that when problems do occur, there is already a specific plan of action in place to address these issues.
While OSHA regulations are applicable only to employers and employees in workplace environments, it is clear that strict standards implemented by OSHA can play an important role in protecting the public health.  I urge the Department to act, and I look forward to your response.  

Sincerely,

José E. Serrano

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