Let us in
court honors city workers request to test public safety building
By Andrea Gregory

    Middlesex Superior Court says if anything is wrong with the city’s public safety building, workers inside have a right to know. The court ruled to allow an independent inspection of the facility at 225 Washington St. last week.
    About 60 city workers from multiple unions are suing the city, hoping to get to the bottom of alleged health problems plaguing employees of the police station. They collectively filed a suit over the summer, claiming they ‚Äúwere subjected to pro-longed exposures, to chronic damp conditions, and the types of molds that produce toxins as well as other hazardous substances present in their workplace environment at 220 Washington Street‚Ķ and have suffered adverse health affects as a result thereof.‚Äù
    More than a dozen police officers have died and several workers have fallen ill. Similarities in the illnesses and symptoms led many of the workers to believe their health problems could be a direct result of their working conditions.

     The upcoming testing will include a search for air pollution and possible problems stemming from the heating and air conditioning units. According to Thomas Joseph Hogan, of the law office representing the plaintiffs, air pollution tends to be less prominent in colder weather so there is a chance more testing may need to be done in the spring. It also means, whatever discoveries are made are on the low side of what workers are exposed to.
The city had tried to stop the further testing when it responded to request on earlier this month.
     ‚Äú(The Massachusetts Division of Occupational Safety) DOS has conducted such testing and continues to test and monitor the building. In fact, DOS has ordered remedial actions which the City of Somerville continues to address. It would be unduly burdensome to require the defendant City of Somerville to endure further testing during the same period it is working on remedial measures being required by DOS as a result of last testing,‚Äù wrote Matthew J. Buckley, assistant city solicitor, responding to the motion to inspect the building.
      But the city is not paying for the testing, and a judge did not see how allowing more testing to ensure workers‚Äô safety was a burden to the city.
      ‚ÄúIt‚Äôs very good news,‚Äù said Hogan. ‚ÄúThe testing will be done. We are aiming for the end of the year. The testing will provide further clarification one way or another.‚Äù
Following the city’s response to the lawsuit. Lawyers for the plaintiffs drafted a discovery motion to gain access to the facility for further testing. The independent testing will not cost the city
Although, the city tried to block the request by claiming testing was already done in 2004, documents show further investigation into the building or proof that the building is a safe working environment was requested by DOS.
         DOS and the Mayor‚Äôs office both refused to comment. DOS Commissioner Robert J. Prezioso would only say his agency continues to work with Somerville officials.
      The lawsuit specifically targets several officials including Mayor Joseph A. Curtatone, former Mayor Dorothy Kelly Gay, acting Police Chief Robert R. Bradley, former Police Chief George McLean and former Police Chief Donald Caliguri. Gov. Mitt Romney, the Massachusetts Division of Occupational Safety and the Massachusetts Occupational Safety and Health Administration are also listed as defendants.
       According to the court‚Äôs statement, the testing will happen at a time and date agreed to by both the plaintiffs and the defendants.