1 chemical sensitivities: select federal policies, programs, and practices & access and...

35
1 Chemical Sensitivities: Chemical Sensitivities: Select Federal Policies, Select Federal Policies, Programs, and Practices Programs, and Practices & & Access and Accommodation in Access and Accommodation in Housing and the Workplace Housing and the Workplace IL Conversation IL Conversation August 10, 2011 August 10, 2011 Mary Lamielle, Executive Director Mary Lamielle, Executive Director National Center for Environmental Health Strategies, Inc. National Center for Environmental Health Strategies, Inc. 1100 Rural Avenue 1100 Rural Avenue Voorhees, New Jersey 08043 Voorhees, New Jersey 08043 (856)429-5358; (856)816-8820 (856)429-5358; (856)816-8820 [email protected] [email protected]

Upload: melinda-perkins

Post on 25-Dec-2015

220 views

Category:

Documents


1 download

TRANSCRIPT

Page 1: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

11

Chemical Sensitivities:Chemical Sensitivities:Select Federal Policies, Programs, Select Federal Policies, Programs,

and Practicesand Practices&&

Access and Accommodation in Access and Accommodation in Housing and the WorkplaceHousing and the Workplace

IL ConversationIL Conversation August 10, 2011August 10, 2011

Mary Lamielle, Executive DirectorMary Lamielle, Executive DirectorNational Center for Environmental Health Strategies, Inc.National Center for Environmental Health Strategies, Inc.

1100 Rural Avenue1100 Rural AvenueVoorhees, New Jersey 08043Voorhees, New Jersey 08043

(856)429-5358; (856)816-8820(856)429-5358; (856)[email protected]@ncehs.org

Page 2: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

22

OVERVIEWOVERVIEWIndoor Air Quality (IAQ) &Indoor Air Quality (IAQ) &Indoor Environmental Quality (IEQ)Indoor Environmental Quality (IEQ)

Federal Agency Recognition of CS;Federal Agency Recognition of CS;Federal Policies, Programs, and PracticesFederal Policies, Programs, and Practices

Access & Accommodations: housing & theAccess & Accommodations: housing & the workplaceworkplace

NCEHS Advocacy InitiativesNCEHS Advocacy Initiatives

Page 3: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

33

The TEAM (Total Exposure Assessment The TEAM (Total Exposure Assessment Methodology) Study: five year EPA study Methodology) Study: five year EPA study that found indoor environments more toxic that found indoor environments more toxic than outdoor air for specific volatile organic than outdoor air for specific volatile organic chemicals chemicals

Indoor Air Quality (IAQ); Indoor Indoor Air Quality (IAQ); Indoor Environmental Quality (IEQ)Environmental Quality (IEQ)

Healthy, Accessible Environments:Healthy, Accessible Environments:home, school, workplace, public and home, school, workplace, public and commercial buildings, and the communitycommercial buildings, and the community

Indoor Air Quality Act of 1989Indoor Air Quality Act of 1989

Page 4: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

44

Federal Recognition of CSFederal Recognition of CS Social Security Administration, Social Security Administration, February 1988February 1988

Program Operations ManualProgram Operations Manual

Department of Housing and Urban Development , Department of Housing and Urban Development , April 14,April 14, 19921992Legal Memorandum recognizing MCS/EI as “handicaps” under Legal Memorandum recognizing MCS/EI as “handicaps” under the Fair Housing Act entitling reasonable accommodations on a the Fair Housing Act entitling reasonable accommodations on a case by case basiscase by case basis

Excludes allergiesExcludes allergiesExtends coverage to those recognized as Extends coverage to those recognized as

disabled by Social Security Administrationdisabled by Social Security AdministrationLists other federal agencies recognize MCSLists other federal agencies recognize MCS

Department of EducationDepartment of Education

Civil Rights Division, U.S. Department of JusticeCivil Rights Division, U.S. Department of JusticeAmericans with Disabilities Act Guidelines, July 26, 1991 Those Americans with Disabilities Act Guidelines, July 26, 1991 Those severely affected by MCS "will satisfy the requirements to be severely affected by MCS "will satisfy the requirements to be considered disabled under the regulation." considered disabled under the regulation." Federal Register,Federal Register, Vol. 56, No. 144, pp. 35549, 35699.Vol. 56, No. 144, pp. 35549, 35699.

Page 5: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

55

U.S. Access BoardU.S. Access Board1999 Holds training for Board and staff on fragrances1999 Holds training for Board and staff on fragrances

2000 Adopts Fragrance-Free Policy for Board Meetings 2000 Adopts Fragrance-Free Policy for Board Meetings http://www.access-board.gov/about/meetings.htmhttp://www.access-board.gov/about/meetings.htm

2000 Creates committee to examine CS/ES2000 Creates committee to examine CS/ES

2003;2007 Contracts with National Institute of Building Sciences 2003;2007 Contracts with National Institute of Building Sciences to study indoor environmental quality (IEQ) and CS/ESto study indoor environmental quality (IEQ) and CS/ES

20062006 Issues “Indoor Environmental Quality Project Report” Issues “Indoor Environmental Quality Project Report” www.access-board.gov/research/ieqwww.access-board.gov/research/ieq

2010 Opens permanent meeting space designated fragrance-2010 Opens permanent meeting space designated fragrance-

free: all participants refrain from perfume and cologne; free: all participants refrain from perfume and cologne; unscented personal care products; scent-free cleaning and unscented personal care products; scent-free cleaning and maintenance (July 2010) maintenance (July 2010)

Page 6: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

66

Page 7: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

77

Federal Action on Federal Action on FragrancesFragrances

CDC Indoor Environmental Quality Policy, June 2009CDC Indoor Environmental Quality Policy, June 2009

Fragrance-Free Policy Fragrance-Free Policy ““Scented or fragranced products are prohibited at Scented or fragranced products are prohibited at

all times in all interior space owned, rented, or all times in all interior space owned, rented, or leased by CDC.” (p. 9)leased by CDC.” (p. 9)

““Fragrance is not appropriate for a professional work Fragrance is not appropriate for a professional work environment, and the use of some products with environment, and the use of some products with fragrance may be detrimental to the health of fragrance may be detrimental to the health of workers with chemical sensitivities, allergies, workers with chemical sensitivities, allergies, asthma, and chronic headaches/migraines.” (p. 9)asthma, and chronic headaches/migraines.” (p. 9)

Page 8: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

88

CDC Non-Permissible CDC Non-Permissible ProductsProducts

Incense, candles, or reed diffusersIncense, candles, or reed diffusers Fragrance-emitting devices of any kindFragrance-emitting devices of any kind Wall-mounted devices, similar to fragrance-Wall-mounted devices, similar to fragrance-

emitting devices, that operate emitting devices, that operate automatically or by pushing a button to automatically or by pushing a button to dispense deodorizers or disinfectantsdispense deodorizers or disinfectants

PotpourriPotpourri Plug-in or spray air freshenersPlug-in or spray air fresheners Urinal or toilet blocksUrinal or toilet blocks Other fragranced deodorizer/re-odorizer Other fragranced deodorizer/re-odorizer

productsproducts

Page 9: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

99

Federal Action on Federal Action on FragrancesFragrances

U. S. Census BureauU. S. Census Bureau, March 2009 , March 2009 Issued fragrance-free policy and implementing language to Issued fragrance-free policy and implementing language to protect employees and accommodate disabled workersprotect employees and accommodate disabled workers

Department of Health and Human ServicesDepartment of Health and Human Services, October 10, , October 10, 20102010

Based on CDC policy: Identical list of non-permissible Based on CDC policy: Identical list of non-permissible products;products;

restricts application of fragranced products at work; restricts application of fragranced products at work; exempts fitness centers and day-care centers exempts fitness centers and day-care centers

FEMAFEMA Blanket purchase orders for medical supplies require Blanket purchase orders for medical supplies require products to be latex and fragrance-free products to be latex and fragrance-free

Page 10: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

1010

NCEHS Fragrance-Free NCEHS Fragrance-Free Proposals Proposals

White House Disability Policy OfficeWhite House Disability Policy Office

GSAGSA

FEMAFEMA

FEMA proposal includes a fragrance-free FEMA proposal includes a fragrance-free policy for personal care products and policy for personal care products and cleaning and maintenance supplies for cleaning and maintenance supplies for emergency management and disaster relief emergency management and disaster relief

Page 11: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

1111

Model Fragrance-Free PolicyModel Fragrance-Free Policy

This is a Fragrance-Free This is a Fragrance-Free WorkplaceWorkplace

We Share the AirWe Share the Air Please refrain from wearing (using) perfume, Please refrain from wearing (using) perfume,

cologne, aftershave, or other fragranced, scented, cologne, aftershave, or other fragranced, scented, or odorous personal care or laundry products or odorous personal care or laundry products including shampoo, hairspray, hair care product, including shampoo, hairspray, hair care product, hand lotion, laundry detergent and dryer sheets hand lotion, laundry detergent and dryer sheets for the health and comfort of employees and for the health and comfort of employees and visitors. visitors.

Thank you for your consideration.Thank you for your consideration.

Page 12: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

1212

Housing ProblemsHousing Problems Crisis of homelessness: population of Crisis of homelessness: population of

environmental refugeesenvironmental refugees Challenge: sustain life and health; life is about Challenge: sustain life and health; life is about

survival on a day-to-day basissurvival on a day-to-day basis Serious lack of accessible, affordable, Serious lack of accessible, affordable,

healthy/nontoxic housinghealthy/nontoxic housing Failure to accommodate in existing housingFailure to accommodate in existing housing Failure of multi-family or integrated housing to Failure of multi-family or integrated housing to

work for those disabled by CS/ESwork for those disabled by CS/ES Extreme problems with harassment, Extreme problems with harassment,

discrimination, and retaliationdiscrimination, and retaliation

Page 13: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

1313

US HUD Recognition of CSUS HUD Recognition of CS October 26, 1990: Policy StatementOctober 26, 1990: Policy Statement

Recognition of the disabilityRecognition of the disability Reasonable accommodations for those disabled under Reasonable accommodations for those disabled under

the Fair Housing Act and Rehabilitation Act of 1973the Fair Housing Act and Rehabilitation Act of 1973

June 6, 1991: Draft Technical Guidance Memorandum 91-3June 6, 1991: Draft Technical Guidance Memorandum 91-3 Discusses HUD recognition of CS as a handicapDiscusses HUD recognition of CS as a handicap Provides examples of accommodations which are Provides examples of accommodations which are

considered reasonable (re: carpeting, pesticides)considered reasonable (re: carpeting, pesticides) April 14, 1992: HUD Legal MemorandumApril 14, 1992: HUD Legal Memorandum

Recognition of CS/EI as a physical disability entitling Recognition of CS/EI as a physical disability entitling reasonable accommodations on a case-by-case basisreasonable accommodations on a case-by-case basis

Excludes allergiesExcludes allergies Extends coverage to those recognized as disabled by the Extends coverage to those recognized as disabled by the

Social Security AdministrationSocial Security Administration Lists other federal agencies that recognize CSLists other federal agencies that recognize CS

1992 HUD Section 811 Program allocated $700,000 to 1992 HUD Section 811 Program allocated $700,000 to Marin Homes for Independent Living for construction of Marin Homes for Independent Living for construction of Ecology House Ecology House

Page 14: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

1414

Housing Accommodation Housing Accommodation RequestsRequests

Eliminate the use of structural (indoor) and landscape (outdoor) Eliminate the use of structural (indoor) and landscape (outdoor) pesticides. Adopt Integrated Pest Management (IPM). pesticides. Adopt Integrated Pest Management (IPM).

Replace gas or propane stove and/or clothes dryer with electric Replace gas or propane stove and/or clothes dryer with electric units. units.

Install washer and dryer in housing unit to eliminate the need to Install washer and dryer in housing unit to eliminate the need to use common laundry areas.use common laundry areas.

Flooring: Do not install new carpeting; or remove carpeting only Flooring: Do not install new carpeting; or remove carpeting only as necessary for tenant; or leave old carpeting untouched; or as necessary for tenant; or leave old carpeting untouched; or install hard surface flooring.install hard surface flooring.

Retrofit inoperable windows so they can be opened. Retrofit inoperable windows so they can be opened.

Page 15: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

1515

Clean ductwork for heating and air conditioning Clean ductwork for heating and air conditioning systems.systems.

Construct or replace ramps, balconies, and decks with Construct or replace ramps, balconies, and decks with materials well-tolerated by tenant.materials well-tolerated by tenant.

Provide an extra room or bedroom for those with CS/ES Provide an extra room or bedroom for those with CS/ES to enable the tenant to isolate problematic belongings.to enable the tenant to isolate problematic belongings.

Avoid remodeling activities such as painting in the Avoid remodeling activities such as painting in the living area or vicinity of those with CS. If such activity living area or vicinity of those with CS. If such activity is critical, arrangements must be made well in advance is critical, arrangements must be made well in advance to house the affected individual for the length of time to house the affected individual for the length of time necessary to protect from further injury. Involve necessary to protect from further injury. Involve tenant in selection of least toxic/problematic products.tenant in selection of least toxic/problematic products.

Designate nonsmoking homes and buildings. Post no Designate nonsmoking homes and buildings. Post no smoking signs in common areas and in the vicinity of smoking signs in common areas and in the vicinity of building entrances, windows, and air intakes.building entrances, windows, and air intakes.

Page 16: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

1616

Post signs to prohibit idling in parking areas.Post signs to prohibit idling in parking areas.

Consult with CS tenants and their representatives Consult with CS tenants and their representatives for safer remodeling and maintenance practices.for safer remodeling and maintenance practices.

Post a non-discrimination policy to protect those Post a non-discrimination policy to protect those with CS/ES.with CS/ES.

Eliminate or discourage the use of toxic chemicals Eliminate or discourage the use of toxic chemicals such as pesticides, air fresheners, scented candles, such as pesticides, air fresheners, scented candles, etc. by other tenants.etc. by other tenants.

Use least toxic/problematic cleaning products in Use least toxic/problematic cleaning products in common areas. common areas.

Discourage the use of cell phones, microwaves, Discourage the use of cell phones, microwaves, fluorescent lighting and other sources of EMFs in fluorescent lighting and other sources of EMFs in the vicinity of those with ES.the vicinity of those with ES.

Page 17: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

1717

Provide prenotification of building events such as Provide prenotification of building events such as cleaning, painting, roofing, and similar activities. cleaning, painting, roofing, and similar activities. Use the least toxic materials in consultation with Use the least toxic materials in consultation with the affected tenant. the affected tenant.

Management should educate staff and tenants Management should educate staff and tenants regarding the goal of maintaining a pollution-free regarding the goal of maintaining a pollution-free environment to the extent possible for the health environment to the extent possible for the health and well-being of all tenants.and well-being of all tenants.

Page 18: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

1818

Pesticides & Chemical Pesticides & Chemical Sensitivities:Sensitivities:

Federal Action on Pesticides & IPMFederal Action on Pesticides & IPMEPA Promotes Integrated Pest Management (IPM)EPA Promotes Integrated Pest Management (IPM)

Food Quality Protection Act of 1996Food Quality Protection Act of 1996EPA restricts use of chlorpyrifos June 8, 2000EPA restricts use of chlorpyrifos June 8, 2000

““IPM in Multi-Family Housing Maintenance Training Manual”, IPM in Multi-Family Housing Maintenance Training Manual”, 20092009

HUD PIH 2011-22, April 26, 2011, Promotion of Integrated Pest HUD PIH 2011-22, April 26, 2011, Promotion of Integrated Pest Management (IPM) as an environmentally sound, economical Management (IPM) as an environmentally sound, economical and effective means to address a major resident concern and effective means to address a major resident concern

HUD PIH-2009-21 (HA), July 17, 2009, Non-Smoking Policies in HUD PIH-2009-21 (HA), July 17, 2009, Non-Smoking Policies in Public Housing Public Housing

Page 19: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

1919

NCEHS Recommendations for HUD NCEHS Recommendations for HUD Action to Meet Housing Needs for Action to Meet Housing Needs for Persons with Chemical & Electrical Persons with Chemical & Electrical

SensitivitiesSensitivities1. A needs assessment by HUD including initiatives 1. A needs assessment by HUD including initiatives to create effective design and data collection for to create effective design and data collection for housing for persons with C/ES.housing for persons with C/ES.

2. Fully accessible housing including 811 housing 2. Fully accessible housing including 811 housing projects, Section 8 Home Ownership, and projects, Section 8 Home Ownership, and rehabilitation of existing housing stock for persons rehabilitation of existing housing stock for persons with C/ESwith C/ES

3. Segregated or separate and protected housing 3. Segregated or separate and protected housing that meets accessibility needs for persons with C/ESthat meets accessibility needs for persons with C/ES

4. HUD funded mandatory education and training on 4. HUD funded mandatory education and training on

the housing needs of persons with C/ES the housing needs of persons with C/ES

Page 20: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

2020

Similar recommendations Similar recommendations National Council on Disability, “The State National Council on Disability, “The State

of Housing in America in the 21of Housing in America in the 21stst Century: A Disability Perspective,” Century: A Disability Perspective,” January 19, 2010January 19, 2010

Testimony of Kelly Buckland, NCIL, Testimony of Kelly Buckland, NCIL, Subcommittee on Housing and Subcommittee on Housing and Community Opportunity, “The Inclusive Community Opportunity, “The Inclusive Home Design Act,” September 29, 2010Home Design Act,” September 29, 2010

Housing Position Paper, NCIL Housing Housing Position Paper, NCIL Housing Subcommittee, 2003; updated May 2009 Subcommittee, 2003; updated May 2009

Page 21: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

2121

EEOC has tracked CS charges since EEOC has tracked CS charges since 1993.1993.

2001:2001: A decade after the ADA, CS charges A decade after the ADA, CS charges for failure to accommodate nearly double all for failure to accommodate nearly double all

other chargesother charges. . CS lower rate of resolution CS lower rate of resolution than other charges. Not yet litigated.than other charges. Not yet litigated.

FY2010:FY2010:74 CS Charges; 11 Resolved (.2%);74 CS Charges; 11 Resolved (.2%);8 with total monetary benefit totaling 8 with total monetary benefit totaling $102,925 (from total of 3,815 people $102,925 (from total of 3,815 people benefiting for $76,123,463)benefiting for $76,123,463)http://www.eeoc.gov/eeoc/statistics/enforcement/ada.cfmhttp://www.eeoc.gov/eeoc/statistics/enforcement/ada.cfm

Page 22: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

2222

Workplace PoliciesWorkplace Policies

No smoking policyNo smoking policy Fragrance-Free policyFragrance-Free policy IPM policy to eliminate conventional IPM policy to eliminate conventional

pesticides; use low impact onlypesticides; use low impact only Notification policyNotification policy Vehicle idling policyVehicle idling policy Cell phone use policyCell phone use policy

Page 23: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

2323

Workplace Accommodations Workplace Accommodations for CSfor CS

Workplace free of tobacco smoke, pesticides, fragrances/fragranced Workplace free of tobacco smoke, pesticides, fragrances/fragranced products, and toxic cleaning productsproducts, and toxic cleaning products

Private office with a window that opensPrivate office with a window that opens Retrofit windows to make them operableRetrofit windows to make them operable Increase fresh air supply and ventilationIncrease fresh air supply and ventilation Remove carpeting in favor of hard surface flooringRemove carpeting in favor of hard surface flooring Move office equipment from immediate work environment of CSMove office equipment from immediate work environment of CS Use odorless/nontoxic cleaning productsUse odorless/nontoxic cleaning products Do not use air fresheners, deodorizers, disinfectants which Do not use air fresheners, deodorizers, disinfectants which

contaminate workplacecontaminate workplace Provide CS employee with cleaning schedule or the option to clean Provide CS employee with cleaning schedule or the option to clean

and maintain own workspaceand maintain own workspace Select least toxic/allergenic/unscented construction and maintenance Select least toxic/allergenic/unscented construction and maintenance

materials, furnishings and suppliesmaterials, furnishings and supplies Off gas all new materials, furnishings and supplies before installationOff gas all new materials, furnishings and supplies before installation Ask affected employee to check the suitability of items before use in Ask affected employee to check the suitability of items before use in

work environmentwork environment

Page 24: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

2424

Workplace AccommodationsWorkplace Accommodations Use metal desk and shelving in lieu of veneered wood or particle Use metal desk and shelving in lieu of veneered wood or particle

board (to avoid formaldehyde and solvents from finishes)board (to avoid formaldehyde and solvents from finishes) Eliminate the use of conventional pesticides indoors and outdoorsEliminate the use of conventional pesticides indoors and outdoors If low impact pesticides are used, provide prenotification and post If low impact pesticides are used, provide prenotification and post

permanent notices at building entrances noting the last date of permanent notices at building entrances noting the last date of pesticide used, name of applicator, product and chemical name; pesticide used, name of applicator, product and chemical name; post warning outside when pesticides are applied.post warning outside when pesticides are applied.

Provide prenotification of building events such as remodeling and Provide prenotification of building events such as remodeling and renovation activities such as roofing, use of floor stripper or wax, renovation activities such as roofing, use of floor stripper or wax, or pesticide applicationsor pesticide applications

Provide schedule options so that affected employee can work Provide schedule options so that affected employee can work when fewer co-workers are present, when the ventilation is at its when fewer co-workers are present, when the ventilation is at its peak, or where the surroundings are least problematicpeak, or where the surroundings are least problematic

Provide the option to work at homeProvide the option to work at home Educate management and co-workers as to the nature of the Educate management and co-workers as to the nature of the

disability to avert stigma and harassment. disability to avert stigma and harassment.

Page 25: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

2525

Incidents of Intentional Incidents of Intentional Harassment and Harassment and DiscriminationDiscrimination

Employee forbidden to use a charcoal mask Employee forbidden to use a charcoal mask or oxygen at workor oxygen at work

Employee forbidden to open a window, even Employee forbidden to open a window, even in a private officein a private office

Window(s) nailed shut to prevent openingWindow(s) nailed shut to prevent opening Signs that request a specific accommodation Signs that request a specific accommodation

and name the disabled employee:and name the disabled employee:““Please refrain from the use of perfumes for Please refrain from the use of perfumes for

Bonnie”Bonnie”

Page 26: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

2626

Harassment and Harassment and DiscriminationDiscrimination

Intensified use of perfume or the use of perfume Intensified use of perfume or the use of perfume and other scented products during the workdayand other scented products during the workday

Perfume poured on CS-employee’s chairPerfume poured on CS-employee’s chair Deodorizer sprayed on CS-employee’s phoneDeodorizer sprayed on CS-employee’s phone Intentional use of candles, incense, or potpourriIntentional use of candles, incense, or potpourri Use of cell phones or microwave ovens in the Use of cell phones or microwave ovens in the

vicinity of ES employeevicinity of ES employee Employee “accommodated” by selecting worst Employee “accommodated” by selecting worst

possible/least accessible worksite:possible/least accessible worksite: CS employee moved into janitor’s officeCS employee moved into janitor’s office Teacher with CS moved to copy center; another teacher Teacher with CS moved to copy center; another teacher

moved into art roommoved into art room ES employee moved next to an electrical transformer ES employee moved next to an electrical transformer

Page 27: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

2727

Assistive Technology, etc.Assistive Technology, etc. Charcoal mask, respirator, or other personal protection equipment or deviceCharcoal mask, respirator, or other personal protection equipment or device

Oxygen with ceramic or stainless steel mask with tygon or stainless steel tubingOxygen with ceramic or stainless steel mask with tygon or stainless steel tubing

Charcoal, HEPA (high efficiency particulate air), and/or electronic air filter, or Charcoal, HEPA (high efficiency particulate air), and/or electronic air filter, or other air filtering device or equipment.other air filtering device or equipment.

Reading BoxReading Box

Localized exhaust for computers, printers, and other equipmentLocalized exhaust for computers, printers, and other equipment

Low emission computers, VDT terminals, and other equipment, or shielding from Low emission computers, VDT terminals, and other equipment, or shielding from electromagnetic fieldselectromagnetic fields

Incandescent or natural lighting in lieu of fluorescent lightingIncandescent or natural lighting in lieu of fluorescent lighting

Speaker phone or intercom system to participate in meetings, communicate with Speaker phone or intercom system to participate in meetings, communicate with othersothers

Assistant or errand runner who can take care of tasks that the affected employee Assistant or errand runner who can take care of tasks that the affected employee cannot perform due to exposures cannot perform due to exposures

Page 28: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

2828

Page 29: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

2929

Cleaner Air Room & Paths of Cleaner Air Room & Paths of TravelTravel

No smokingNo smoking Fragrance-FreeFragrance-Free Pesticide-Free indoors and outdoorsPesticide-Free indoors and outdoors Least toxic cleaning productsLeast toxic cleaning products No recent construction or remodeling No recent construction or remodeling

including carpet installationincluding carpet installation Cell phones turned offCell phones turned off Ability to turn off or unplug computers and Ability to turn off or unplug computers and

other electrical equipmentother electrical equipment Ability to turn off fluorescent lightingAbility to turn off fluorescent lighting Ability to adjust temperature and air flow Ability to adjust temperature and air flow

or availability of operable windows or availability of operable windows

Page 30: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

3030

NCEHS Advocacy InitiativesNCEHS Advocacy Initiatives Fragrance-Free Proposals with White House Fragrance-Free Proposals with White House

Disability Policy Office, GSA, and FEMADisability Policy Office, GSA, and FEMA

Recommendations for HUD to address housing needsRecommendations for HUD to address housing needs

Interagency Committee on Chemical SensitivitiesInteragency Committee on Chemical Sensitivities

Advancing recommendation of CDC Advancing recommendation of CDC National National Conversation on Public Health and Chemical Conversation on Public Health and Chemical ExposuresExposures Action AgendaAction Agenda, June 2011 for research on , June 2011 for research on CS using an Environmental Medical Unit (EMU) CS using an Environmental Medical Unit (EMU) http://www.nationalconversation.us/action-agenda/chapter-3-science/chapter-3-http://www.nationalconversation.us/action-agenda/chapter-3-science/chapter-3-additional-recommendationsadditional-recommendations

Inclusion of research recommendation on CS in Inclusion of research recommendation on CS in National Institute of Environmental Health Sciences National Institute of Environmental Health Sciences (NIEHS) Strategic Plan (NIEHS) Strategic Plan

Page 31: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

3131

1993 Expert Panel on CS1993 Expert Panel on CSConvened by ATSDR with directed Convened by ATSDR with directed Congressional fundsCongressional funds

Recommended:Recommended:Environmental Medical Unit (EMU) Environmental Medical Unit (EMU)

for for research—principal research—principal recommendation;recommendation;

Interagency Committee on Interagency Committee on Chemical Chemical Sensitivities;Sensitivities;

Neurosciences Workshop;Neurosciences Workshop;Research in conjunction with Research in conjunction with

exposure exposure events events

Page 32: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

3232

What has been accomplished over the What has been accomplished over the last two decades has been:last two decades has been:

PiecemealPiecemeal

Each issue and accomplishment a Each issue and accomplishment a battle; frequently a new battlebattle; frequently a new battle

Don’t seem to accumulate any Don’t seem to accumulate any common knowledgecommon knowledge

Page 33: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

3333

Why Do We Need AnWhy Do We Need AnInteragency Committee?Interagency Committee?

Collaborate and coordinate across federal Collaborate and coordinate across federal agencies agencies

Review what has been done;Review what has been done;

Identify gaps and recommend Identify gaps and recommend coordinated action;coordinated action;

Jump start research using an Jump start research using an Environmental Medical Unit;Environmental Medical Unit;

Create policies and programs that Create policies and programs that address needs of affected populationsaddress needs of affected populations

Page 34: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

3434

Interagency ProposalInteragency Proposal

Supported by Access Board and HUD;Supported by Access Board and HUD; Informal support other agency Informal support other agency

personnelpersonnel

Congressional request to Secretary Congressional request to Secretary Sebelius to establish Interagency Sebelius to establish Interagency

CommitteeCommittee

Page 35: 1 Chemical Sensitivities: Select Federal Policies, Programs, and Practices & Access and Accommodation in Housing and the Workplace IL Conversation August

3535

Mary Lamielle, Executive DirectorMary Lamielle, Executive DirectorNational Center for Environmental Health National Center for Environmental Health

Strategies, Inc.Strategies, Inc.1100 Rural Avenue1100 Rural Avenue

Voorhees, New Jersey 08043Voorhees, New Jersey 08043(856)429-5358; cell (856)816-8820(856)429-5358; cell (856)816-8820

[email protected]@ncehs.orgwww.ncehs.orgwww.ncehs.org