Chemical Sensitivities in the Workplace

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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

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Agenda

• Chemical Sensitivities in the Workplace
• Understanding the Challenge
• Chemical Sensitivity and the ADA
• Definition of Disability
• Accommodating Employees with
• Chemical Sensitivity

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What is Chemical Sensitivity (CS)?

• Inability to tolerate an environmental chemical
  or class of chemicals
• Intolerance to even very low level exposure to
  chemicals
• Symptoms occur in more than one organ system

• The problem is ongoing
• The same symptoms are reproducible with repeated
  exposure to the same triggers
• Avoidance is key

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Triggers and Symptoms

• Breathing difficulty
• Headaches/Migraines
• Nausea
• Difficulty concentrating and remembering
• Fatigue
• Tightening of the throat
• Dizziness
• Skin Irritation
• Arthritis-like sensations and muscle pain

• Fragrances
• Cleaning agents
• New carpet/furnishings
• Paint
• Air Fresheners/Deodorizers
• Pesticides
• Floor Wax
• Office machines
• Smoke
• Poor indoor air quality (IAQ)

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General Statistics

• What about JAN cases?
• Approx 3 of cases indicating functional
  limitation
• March 2003-2008
• 787 Chemical Sensitivity
• 695 Fragrance specific

• 13 16 of the general population
• Women and men women more frequently
• Variety of ages and educational levels

American Journal of Public Health, 2004
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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

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Chemical Sensitivity and the ADA

• Ultimately, employer decides
• Request medical documentation
• Specific job-related medical questions
• State law
• For more information

• Consultants' Corner Volume 02, Issue 04
• EEOC Definition of the Term Disability
• EEOC Guidance on Reasonable Accommodation
• EEOC Medical Exams and Inquiries of Employees

All documents available at www.jan.wvu.edu/links.
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• 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?

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Difficulty working in poor indoor air quality

• 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

• Air quality testing industrial hygiene
  professional
• Maintain filtration systems
• Air cleaning systems
• Work environment free of known pollutants

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Difficulty working in old/new building

• 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 covering
  (e.g., tile, cork, wool)

• Pre-notification
• Alternative work arrangements
• Schedule remodeling activities when building is
  not occupied
• Non-toxic or green building materials,
  furnishings, and supplies

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Difficulty with cleaning agents and deodorizers

• Non-toxic, natural, non-fragranced cleaning
  products (e.g., baking soda, vinegar, etc.)
• JANs SOAR site www.jan.wvu.edu/soar
• Schedule cleaning activities when building is not
  occupied

• Ask the employee for suggestions. What do you
  use at home?
• Discontinue use of spray deodorizers, scented
  candles, automatic scent dispensers, etc. and opt
  for non-scented odor neutralizers

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CAUTION, WARNING, and DANGEROH 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.

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CAUTION, WARNING, and DANGEROH 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

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• What is the most common
• sensitivity JAN hears about?

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Difficulty working around fragrances

• Discontinue using fragranced products at work
  (e.g., deodorizers, candles, etc.)
• Modify workstation location
• (e.g., sit near cooperative coworkers)
• Modify work schedule
• Air purification, fan, mask, or personal air
  supply
• Modify communication methods

• Alternative work arrangements
• Implement a fragrance policy

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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 ADAI 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

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Policy Examples

• 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.

• 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 fragrance-free
  environment.

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Thank you for attending!

• Tracie D. Saab
• saab_at_jan.wvu.edu
• Web cast questions question_at_jan.wvu.edu
• 800-526-7234
• 877-781-9403 TTY
• www.jan.wvu.edu
• jan_at_jan.wvu.edu
• A service of the Office of Disability Employment
  Policy