Iowa workers union alleges unsafe working conditions at Des Moines correctional facility
Concerns over air quality and workplace safety at a Des Moines correctional facility have led a labor union to file a grievance and the facility to conduct air quality testing.
American Federation of State, County and Municipal Employees Union Council 61, which represents workers in Iowa, Missouri and Kansas, filed a complaint with the Occupational Safety and Health Administration alleging unsafe working conditions at the Fort Des Moines Corrections Complex building located at 65/66 Gruber Street.
In the complaint, filed on Aug. 29, the union alleges mold and asbestos in the building are adversely impacting the health of workers and residents. It poses an emergency health risk that officials are not taking seriously, union president Rick Eilander said.
Pictures provided to the Register and submitted to OSHA as part of the complaint show apparent mold growing on air vents and on floors and pipes. The images also show a pipe leaking a blue and yellow liquid. Eilander wrote in the complaint that the images were taken in the basement and first floor of building 65/66 of the Fort Des Moines Corrections Complex.
Jerry Evans, the director of the Fifth Judicial District Department of Correctional Services, said he was made aware of the complaints by OSHA on Aug. 30. He said given the alleged mold is located in an unoccupied part of the building, it does not pose a direct health risk to employees or residents of the facility.
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A Band-Aid fix, according to the union
The complaint states the issue was not raised with the employer or a government agency prior to filing. Evans also said he was not made aware of the allegations prior to the complaint being filed. However, Eilander said supervisors of the facility were made aware of the issue and instructed employees not to enter the basement, where the majority of the mold is alleged to be.
Eilander said this is not a solution to the problem.
"Well if there is mold in the basement, there is mold in the building. It just does not make sense at all," he said.
In a news release, Eilander wrote: "There have been similar band-aid solutions at other state-owned facilities after OSHA complaints were filed and inspected," citing inspections at the Wallace Building and another District 5 corrections facility.
When asked about the potential dangers of mold in the air vents, as alleged by Eilander, Evans said the department last conducted an air quality test of the building three or four years ago. Given the new grievances raised to OSHA, Evans said he is working with Polk County Public Works to schedule a new air quality test.
Eilander said the employee who raised the issue with the union is allegedly having health issues as a result of the mold. He did not disclose the nature of the employee's health issues.
Evans said he was not aware of any employees or residents raising concerns over health issues.
After submitting the complaint, Eilander was informed that OSHA will not be conducting an on-site investigation of the conditions.
"I am really disappointed in OSHA. They're not doing on-site inspections. They're not holding the state accountable for these situations," he said.
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Over $2 million of improvements
The Fort Des Moines Corrections Complex contains offices and residential living for low-risk offenders. The facility provides full residential programming for men on probation or parole supervision, in addition to substance abuse treatment and transitional housing programs. The facility also serves as a halfway house for those with criminal convictions that do not warrant a full stay in the residential program, according to the facility's brochure.
The buildings under question were constructed in 1905 as army barracks, according to the Library of Congress. The first floor of the building is office space and the second floor is housing for residents of the facility, Evans said.
Evans recognized the buildings are old and have been in need of repair for some years. However, he said the department has dedicated over $2 million to making upgrades to the entire complex over the last fiscal year, including a $1.2 million bathroom project in buildings 68 and 70, an estimated $375,000 roof replacement project for the entire complex, new paved roads, eight new air conditioning units in building 65/66 and other mechanical improvements.
Evans said the newly installed air conditioning units are on the first and second floors and do not pull any air from the basement.
"It's an old building and we continue to address everything that is outdated," he said. "That facility is probably in the best shape it's been in for the last 20 years at least."
OSHA did not respond to a request for comment.
What about the residents?
The Fort Des Moines Corrections Complex houses over 200 residents and serves 660 "justice-involved individuals," according to the Fifth Judicial District's 2021 Annual Report. Evans said the facility has not yet notified residents of building 65/66 of the complaint.
"I think it would be premature to elevate one person's expressed concern to that level without having any supporting confirmation done by a professional entity that specializes in this area," he wrote in an email.
According to Chapter 904 of the Iowa code, the Department of Corrections is obligated to adopt policies and procedures to prevent infectious diseases, defined as any contamination which may expose residents to serious health risks. Administrative rules associated with the code state that department staff are required to ensure facilities meet the standards of local health and safety regulations. The rules broadly state that a written policy must be in place to prevent the spread of any infectious diseases.
Peter McRoberts, the policy director for the Iowa ACLU, said he and his team have not conducted an independent investigation into the issue and are therefore not aware of the severity of the complaint or whether or not the alleged conditions have impacted the health of residents in the facility. However, he said this is an issue the Department of Corrections should take seriously.
"As we all can appreciate, the Constitution requires that anyone, either as a condition of probation or parole, who lives in a residential facility like Fort Des Moines, is guaranteed sanitary and safe conditions and that their health is not put at risk on account of anything beyond their control," he said.
"To the extent that the residents there, the inmates, who don't have any choice in the matter, are potentially exposed to any type of conditions that can risk their health, that needs to be fixed immediately," he said.
Francesca Block is a breaking news reporter at the Des Moines Register. Reach her at FBlock@registermedia.com or on Twitter at @francescablock3.
This article originally appeared on Des Moines Register: Union says Des Moines correctional facility is unsafe, has black mold
