Caltrans ordered to pay $12 million for construction crews’ exposure to fungus

Updated Feb 3, 2016

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The California Department of Transportation has been ordered to pay close to $12 million to five contracted construction employees for exposing them to a dangerous fungus.

According to the Los Angeles Times, a jury in Solano County ruled that Caltrans knew there was a dangerous fungus that causes an incurable respiratory disease known as valley fever at the Kern County jobsite where crews were expanding a culvert in 2008.

A report from the Daily Republic notes that the fungus is present in the soil. When the earth is disturbed, the spores can easily be breathed in.

The jury found that the DOT knew the risks of the fungus, and even had a map from the county health department that showed where the fungus is located.

The lead attorney for the five construction companies, Peter Alfert, said that Caltrans did inform its employees in the county and told them how to prevent exposure, but the department never disclosed that information to the contractors working on the project.

“They weren’t advising people of the risk that they would get an incurable disease,” Alfert said. “On a real, common-sense level, the case came down to the fact that it was clear that Caltrans knew about the risk. They warned their own people about the risk. It would be so easy to warn the plaintiffs about this.”

The fungus exposure has left two of the five construction workers disabled and unable to work. Two more of the workers are not fully disabled but do require accommodations as a result of the exposure. The final worker didn’t have as much contact with the fungus and has returned to work after a less severe infection.