Advocacy and Occupational Health and Safety
What do you think of when you hear the word ‘disability’? Generally, people think of physical and/or mental disabilities. However, a person may have an educational, economic, social, and/or cultural challenge perceived by themselves and others as a disability.
People with one or more of these challenges are not accepting the assumption that they are disabled and therefore not capable of performing the tasks expected of other employees.
The lack of education and understanding of the gifts and talents, the capacity human beings have for adaptability makes me think that perhaps educators, policy makers, and employers are the ones with a disability.
There is a key to deciding if the employer refuses to have an employee perceived as disabled. It results from careful exploration of the situation and answering the question, ‘Is this employee capable of fulfilling his duties if the workstation/workplace is adapted to meet his needs?’
The answer results from open and direct communication between the employer and employee. It is also based on the two parties fulfilling their obligations. Every employee is expected to:
“…comply with the applicable occupational health standards and with all orders, rules and regulations applicable to his or her own actions and conduct. It shall be the responsibility of every employer to maintain a healthy occupational environment at the workplace in accordance with the applicable occupational health standards.”
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(Occupatioal Health Regulation, made under Section 74 of the Health Protection Act , S.N.S. 2004, c. 4)
O.I.C. 76-1510 (December 21, 1976), N.S. Reg. 112/76.
CONTROLLING EXPOSURES:
By listening to the employees, union, Occupational Health and Safety Committees the employer can determine if the workplace is causing symptoms of SBS and consider remedying the situation.
The Employer’s Responsibility, Making Changes:
Here are some inexpensive but practical changes to consider:
1. Fluorescent or mercury/halogen lights are troublesome. They cause headaches, mental confusion and general weakness. The new bulbs are fluorescent but the flash frequency seems to be faster and therefore not causing headaches and weakness. The concerns I have about these bulbs are; the potential for a severe reaction to the mercury if the bulb shatters and what happens to the old bulbs.
2. Commercial cleaning products are usually potent chemicals that cause severe reactions. Alternative cleaners, such as vinegar, baking soda and borax, not only are healthier to people and the environment but are cheaper. Nature’s Clean and Downeast manufacture very good cleaning products.
3. Problems with mold and mildew are often caused by moisture build up, improper heating and poor building structures. Natural cleaners can help to some extent.
4. Carpets are often the worst culprits for causing physical problems. A new carpet takes ten years to gas off 200 chemicals. An old carpet gathers years of dust, regardless of cleaning. Dust mites and mold are detrimental. Think seriously before putting down carpets. If you have carpets, when they wear out, consider alternative flooring.
5. Going scent-free is an important way of helping people who are suffering from SBS. We need to appeal to every person to stop wearing scented products (soaps, bounce, perfumes, aftershaves, etc.) There are many alternative products on the shelves.
6. One of the simplest ways to clean indoor air is to open doors and windows. Chemicals from cleaners, perfumes, etc. cling to the air for long periods of time. Use activated charcoal HEPA air filters, and/or potted plants that improve air quality by eating up volatile organic compounds.
7. Restrict or ban the use of toxic office supplies, cleaning products, and pesticides in the affected person(s) immediate work area(s) and in common areas through which they must pass, requiring the use of less toxic alternatives.
8. Paint used with a sealant is available in stores. It still smells strong but the odor disappears in a day and generally employees will not react to it.
9. Consider moving the employee to an alternative work setting, i.e. relocation to another less toxic work area or to a home office with all necessary equipment.
10. Restructure the job description (to eliminate tasks that involve chemical exposures, i.e. for those who may develop sensitivity to toxic office supplies like carbonless copy paper.
The following points are dealing with severely sick buildings. The costs can be prohibitive but the issues need to be presented. It is helpful to use a questionnaire in evaluating the problem.
- Some of the less expensive treatments include eliminating mold problems caused by cracks in walls, leaky windows, carpets in damp places by filling the cracks, replacing windows and carpets, etc.
- Separating the problem material is a practical but more expensive solution. This may mean air- sealing the building to prevent outdoor pollutants from entering. Better ventilation systems can assist as well.
- The level of contamination may make it necessary for major renovations or moving/constructing a new building (keeping in mind the potential for new building materials to cause SBS. The physical location may be problematic. Is the building in an urban area (known for high levels of pollution) or rural area (chemical pesticides and fertilizers including raw animal manure)? Is the building near a factory, a landfill site, close to busy roads, etc.?
The main question to ask is if making changes to the existing structure is going to resolve the employees’ health issues.
Expectations of Employees:
- Employees with SBS need to understand the illness so that he can explain it to others. He needs to verbalize what strategies work for him. He can advocate for himself.
- Employees need to identify whom to discuss his needs with in the workplace. This should be a personal choice made after considering the company policies, the personalities and who actually needs to know. One logical person might be the direct supervisor but the choice should be made carefully.
- He needs to know what he wants and how he is going to ask for it before beginning a first conversation. One strategy that has proven helpful is role - playing the discussion about what SBS, what strategies, accommodations and technology help overcome the problem. It is in his best interest to come up with suggestions and solutions rather than expecting the employer to figure out what helps. (Washington State Learning Disabilities Project, 1990)
- Updates/reevaluations about the changes are needed. Find out how they have influenced the employer as well. (Sometimes what started as an accommodation for one, actually improves performance for many). Remember, say thank you for the employer’s support.
MANY EMPLOYEES WHO DEVELOP SICK BUILDING SYNDROME CAN CONTINUE WORKING IF THEY CAN OBTAIN REASONABLE ACCOMMODATIONS FROM THEIR EMPLOYER.
Bibliography
Barrett, Robin, Barrett, Audrey. Mould & Moisture. AEHA Update. Spring, 1994
CMHC. The Clean Air Guide: How to Identify and Correct Indoor Air Problems in Your Home. 1993
Health and the Environment. Health Canada, Ottawa, 1997
Health Naturally. Oct/Nov 1996
Indoor Air in Ottawa-Carlton. Ottawa-Carlton Health Department
Soleil, Shirley. Invisible Disabilities. Updated 2007
Washington, DC, Warning Signs of Sick Building Syndrome and MCS. December, 1991
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