1. 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
CAP & JAN Webcast 11/14

2. Agenda Chemical Sensitivities in the Workplace
Understanding the Challenge
Chemical Sensitivity and the ADA
Definition of Disability
Accommodating Employees with
Chemical Sensitivity
CAP & JAN Webcast 11/14

3. 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
CAP & JAN Webcast 11/14

4. Triggers and Symptoms Fragrances Cleaning agents
New carpet/furnishings
Paint
Air Fresheners/Deodorizers
Pesticides
Floor Wax
Office machines
Smoke
Poor indoor air quality (IAQ)
Breathing difficulty
Headaches/Migraines
Nausea
Difficulty concentrating and remembering
Fatigue
Tightening of the throat
Dizziness
Skin Irritation
Arthritis-like sensations and muscle pain
CAP & JAN Webcast 11/14

5. 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
787 Chemical Sensitivity
695 Fragrance specific
*American Journal of Public Health, 2004
CAP & JAN Webcast 11/14

6. 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
CAP & JAN Webcast 11/14

7. 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
CAP & JAN Webcast 11/14

8. 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?
CAP & JAN Webcast 11/14

9. 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
CAP & JAN Webcast 11/14

10. Difficulty working in old/new building
Pre-notification
Alternative work arrangements
Schedule remodeling activities when building is not occupied
Non-toxic or green building materials, furnishings, and supplies
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)
CAP & JAN Webcast 11/14

11. Difficulty with cleaning agents and deodorizers
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
Non-toxic, natural, non-fragranced cleaning products (e.g., baking soda, vinegar, etc.)
JAN’s SOAR site
Schedule cleaning activities when building is not occupied
CAP & JAN Webcast 11/14

12. 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.
CAP & JAN Webcast 11/14

13. 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…
CAP & JAN Webcast 11/14

14. sensitivity JAN hears about?
What is the most common
sensitivity JAN hears about?
CAP & JAN Webcast 11/14

15. 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…
CAP & JAN Webcast 11/14

16. 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
CAP & JAN Webcast 11/14

17. 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 fragrance-free 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.”
CAP & JAN Webcast 11/14

18. Thank you for attending!
Tracie D. Saab
Web cast questions:
TTY
A service of the Office of Disability Employment Policy
CAP & JAN Webcast 11/14