Chemical Sensitivities in the Workplace

advertisement
Chemical Sensitivities in the
Workplace
Tracie D. Saab, M.S.
Job Accommodation Network
A service of the Office of Disability Employment Policy
U.S. Department of Labor
1
Agenda
 Chemical Sensitivities in the Workplace
 Understanding the Challenge
 Chemical Sensitivity and the ADA
 Definition of Disability
 Accommodating Employees with
Chemical Sensitivity
2
What is Chemical Sensitivity (CS)?
 Inability to tolerate an
environmental chemical
or class of chemicals
 Intolerance to even very
low level exposure to
chemicals
 The problem is ongoing
 The same symptoms are
reproducible with
repeated exposure to
the same triggers
 Avoidance is key
 Symptoms occur in more
than one organ system
3
Triggers and Symptoms

Fragrances

Breathing difficulty

Cleaning agents

Headaches/Migraines

New carpet/furnishings

Nausea

Paint


Air Fresheners/Deodorizers
Difficulty concentrating and
remembering

Pesticides

Fatigue

Floor Wax

Tightening of the throat

Office machines

Dizziness

Smoke

Skin Irritation

Poor indoor air quality (IAQ)

Arthritis-like sensations and
muscle pain
4
General Statistics
 *13 – 16% of the general
population
 Women and men;
women more frequently
 Variety of ages and
educational levels
 What about JAN cases?
 Approx 3% of cases
indicating functional
limitation
 March 2003-2008
 787 Chemical
Sensitivity
 695 Fragrance
specific
*American Journal of Public Health, 2004
5
Chemical Sensitivity and the ADA
 ADA = No list of
covered medical
impairments
 Does the employee
have an impairment
that substantially
limits one or more
major life activities?
 Substantially limited if:
 unable to perform, or
is significantly limited
in the ability to
perform, an activity
compared to an
average person in the
general population
6
Chemical Sensitivity and the ADA
 Ultimately, employer
decides
 Consultants' Corner
Volume 02, Issue 04
 Request medical
documentation
 EEOC Definition of the
Term Disability
 Specific job-related
medical questions
 EEOC Guidance on
Reasonable
Accommodation
 State law
 For more information…
 EEOC Medical Exams and
Inquiries of Employees
All documents available at www.jan.wvu.edu/links.
7
Accommodating
Employees with
Chemical Sensitivity
 What limitations is the
employee experiencing?
 How do these limitations
affect the employee and
the employee's job
performance?
 What accommodations
are available?
8
Difficulty working in poor indoor air quality
 Air quality testing;
industrial hygiene
professional
 Maintain filtration
systems
 Air cleaning systems
 Work environment free
of known pollutants
 Maintain a dry work
environment
 Pre-notification of
events such as pesticide
applications, floor
waxing, and carpet
shampooing
 Alternative work
arrangements
 Mask or personal air
supply/cleaner
9
Difficulty working in old/new building
 Pre-notification
 Alternative work
arrangements
 Schedule remodeling
activities when building
is not occupied
 Time for off-gassing of
new products
 Air cleaning systems
suitable for fumes and
increase air flow/air
exchanges per room
 Non-toxic carpeting or
alternative floor
 Non-toxic or green
covering (e.g., tile,
building materials,
cork, wool)
furnishings, and supplies
10
Difficulty with cleaning agents and deodorizers
 Ask the employee for
suggestions. What do
you use at home?
 Non-toxic, natural, nonfragranced cleaning
products (e.g., baking
soda, vinegar, etc.)
 Discontinue use of spray
deodorizers, scented
 JAN’s SOAR site
candles, automatic
www.jan.wvu.edu/soar
scent dispensers, etc.
and opt for non-scented  Schedule cleaning
odor neutralizers
activities when building
is not occupied
11
CAUTION, WARNING, and DANGER…OH MY
 Common Air Sanitizer
 CAUTION:
Avoid contact with food …
Avoid contact with eyes.
Before using product
throughout your home, use
in one room and wait 24
hours to ensure that no one
has any physical reactions to
the product.
 Asthma and Allergy
Sufferers:
Consult your physician before
using the product in your
home.
12
CAUTION, WARNING, and DANGER…OH MY
 Common Household Cleaner (w/bleach)
 WARNING:
Eye and skin irritant. Vapors may irritate. Harmful if
swallowed. Do not get in eyes or on clothing. For sensitive
skin or prolonged use, wear gloves. Avoid prolonged
breathing of vapors. Use only in well ventilated areas. Not
recommended for use by persons with heart conditions or
chronic respiratory problems such as asthma, emphysema,
or obstructive lung disease….This product contains bleach.
Do not mix this product with other household chemicals
(e.g., ammonia, toilet bowl cleaners, rust removers or acid)
as this releases hazardous gases…
13
What is the most common
sensitivity JAN hears about?
14
Difficulty working around fragrances
 Discontinue using
fragranced products at
work (e.g., deodorizers,
candles, etc.)
 Modify workstation location
(e.g., sit near cooperative
coworkers)
 Alternative work
arrangements
 Implement a fragrance
policy…
 Modify work schedule
 Air purification, fan, mask,
or personal air supply
 Modify communication
methods
15
Fragrance Policies and the ADA
 Not official position of
EEOC, but
“…banning fragrances
would probably not be
considered a form of
reasonable
accommodation under
the ADA…I would
encourage employers to
explore other ways to
assist (this) employee.”
 Not precluded from
implementing a policy
or making a request
 Practical problem in
enforcing a ban;
intrusion into personal
issues of hygiene and
grooming
16
Policy Examples
 “the Board requests
that all participants
refrain from wearing
perfume, cologne and
other fragrances, and
use unscented
personal care
products in order to
promote a fragrancefree environment.”
 “Cecil College strives to
maintain an environment
comfortable for all. As a
courtesy to College
employees and fellow
students who express
sensitivity to fragrances, the
College requests students
and staff to please refrain
from wearing scented
products on campus.”
17
Thank you for attending!
Tracie D. Saab
saab@jan.wvu.edu
Web cast questions: question@jan.wvu.edu
800-526-7234
877-781-9403 TTY
www.jan.wvu.edu
jan@jan.wvu.edu
A service of the Office of Disability Employment Policy
18
Download