Canadian Employment Law

  

eBay.ca    Jobs! Jobs! Jobs!    Improve Your MBA Essay    ResumeEdge.com


Dealing with Fragrance Sensitivity in Workplaces

HRinfodesk---Canadian Payroll and Employment Law, February 2005


Fragrance sensitivity and other chemicals can become a workplace concern when it leads to absences or a decline in worker productivity. For many employees, being exposed to perfumes and chemicals in the workplace can pose a serious health risk. Migraines, nausea and tightening of the throat are common symptoms and people with asthma who are affected by fragrances can suffer respiratory impairment according to some medical practitioners and Occupational Health and Safety agencies. In addition, people are becoming increasingly sensitive to perfume, cologne and scented hand lotion, but the reaction can extend to hair products, candles, potpourri and cleaning supplies used in the workplace.

Alan Bitner of the Intermountain Allergy & Asthma Clinic in Salt Lake City stated that fragrance sensitivity is not an allergic reaction, which is a specific reaction involving the immune system and, though he doesn't doubt people experience a physical reaction to certain fragrances, their reactions cannot be measured or tested. However, there is suggestive evidence that fragrances can impact indoor air quality as an indoor air pollutant, which may play a role in exacerbating asthma. Many of the concerns regarding skin allergies are well recognized. Other concerns, such as those surrounding possible hormone disrupters and its impact on respiratory health are emerging issues in which there are limited data available. Materials used in fragrances are known to be skin sensitizers and are a frequent cause of skin allergies; scented products also cause respiratory and airway irritation in those with asthma and other respiratory disorders. At present fragranced products in Canada do not carry a warning of these known avoidable hazards and cosmetics are not required to list ingredients on the label.

However, bringing up the issue in the workplace is key, because employers are not required to provide scent-free offices. Furthermore, an employee with fragrance sensitivity may be protected under Human Rights legislation and/or health and safety legislation or regulation.

If the employer determines that the worker meets the human rights definition of disability - having an illness or condition that substantially limits one or more major life activities, has a history of the impairment or is regarded as having such an impairment, yet is qualified to perform the essential job functions, the employer must provide reasonable accommodation unless it causes an undue hardship.

When considering making an accommodation, employers may ask for reasonable documentation, such as a note from a doctor that the worker should avoid certain irritants that are known to produce symptoms or physical limitations. The doctor’s note and written accommodation request must be specific about the employee’s physical reactions. Accommodation varies from workplace to workplace and can range from informally asking an individual to refrain from wearing the offending scent to a scent-free workplace policy. Other approaches include providing air purification, allowing extra breaks so the employee can get some fresh air, allowing the worker to wear a respirator on the job, permitting telecommuting or other work arrangements, having windows that open, opening windows, using non-toxic office supplies or cleaning products such as baking soda and modifying workstations or schedules.

Implementing a no-fragrance policy can become a challenge because it is such a personal issue, and many employers are reluctant to go that far. It is also very difficult to enforce. However, through worker education and the implementation of an effective scent-free workplace policy and alternative control strategies, the impact of this hazard can be greatly reduced or eliminated altogether.

The following are certain guidelines that employers could follow in dealing with fragrance sensitivity:

* Encourage employees to approach their co-worker in a positive manner and share their concerns about the scented product being worn in their area. Indicate that they should express to the co-worker how the wearing scented product is affecting their health. Cooperation and understanding should lead to a resolution.

* If approaching the co-worker does not work, the employee should be directed to their supervisor to explain the problem and what the employee has tried to do in an attempt to resolve the issue.

* The employee should be as specific as possible about the symptoms (headaches, runny nose, watery eyes, trouble breathing etc); what the employee is doing to relieve the symptoms, what works and when the symptoms clear up.

* Supervisors should be instructed to note employee’s concerns; an Injury Report may be filed. Guidance should be obtained from the Joint Health and Safety Committee (JHSC) members or a Health and Safety Representative (depending on the size of the workplace).

* The supervisor should then discuss the employee’s concern in a non-threatening manner with the person(s) involved, and explain the health concerns that have arisen regarding wearing the scented product in the area. The supervisor could suggest that the scented product not be worn in the area because of the health effects.

* If the scented product is continuing being worn, a supervisor should try to resolve the issue in a way that is respectful of the feelings and dignity of all concerned (on a case-by-case basis). However, the supervisor’s response will be guided by its responsibility to provide employees with a safe environment, which does not compromise their health or well being. Where necessary the supervisor may direct that a scented product not be worn in a specific area. One effective strategy is to practice the precautionary principle and declare the workplace a scent/fragrance-free environment. A written policy should follow.

When developing such a policy, the Worker Health and Safety Centre have indicated in their hazard bulletin on fragrances that the following elements should be considered:

- Identify problem areas;
- Form a committee (representing management and workers) to oversee project;
- Create a draft policy, review it and then implement it;
- Inform workers of the policy;
- Provide hazard awareness training for workers;
- Review available MSDSs for products currently used and those being considered for use;
- Make policy applicable to all workplace parties;
- Post policy in prominent places; and
- Review policy regularly.

A program implementing the policy should contain the following strategies:

- Maintain good indoor air quality;
- Use only unscented cleaning products;
- Provide scent-free meeting rooms/rest rooms;
- Avoid using scented products in workplace (eg. air fresheners, scented candles, hairsprays etc.);
- Post signs when major cleaning/painting/waxing will occur;
- Post signs asking public/customers/clients not to use perfumes/colognes when visiting the facility;
- Implement a scent-free policy for meetings/conferences/workshops.

The Job Accommodation Network (JAN) describes the accommodation process including defining the situation and problem questions to consider concerning fragrance sensitivity. It provides sample fragrance-free policy language and listing of resources to contact for further information. Although the information is American based it is still a useful applicable source of information and can be accessed by visiting the Job Accommodation Network website.

Sources:

* Betty Bridges, Fragrance: emerging health and environmental concerns; pages 361-371, Flavour and Fragrance Journal, Volume 17, Issue 5, 2002. Published Online: 16 Apr 2002

* Fragrance: Emerging Health and Environmental Concerns: Fragrance Products Information Network website was developed to help fill the void of information that exists regarding scented products. Useful links about Workplace Access, Workplace Policies, Economic Considerations, Indoor Air Quality, Health Conditions Impacted by Fragrance, Policies & Wordage.

* CCOHS: Canada's National Centre for Occupational Health and Safety information: Provides impartial, accurate, useful information on workplace health and safety to all parties in the workplace.

* Workers Health & Safety Centre

* Job Accommodation Network Homepage


By Yosie Saint-Cyr, Editor at HRinfodesk

Published on HRinfodesk---Canadian Payroll and Employment Law

HRinfodesk is a service that is published by First Reference which includes legislative updates, a Library of Articles, FAQs, a Calendar of Events, Important Dates and an HR Internet Directory for expanded research. Our search tools will help you to quickly find results by jurisdiction, topic, date and keyword.

First Reference is a publisher of Canadian employment law reference manuals that are comprehensive, updated and practical.

Publications include The Human Resources Advisor, Human Resources PolicyPro and the HRinfodesk Bulletin and website.

For more information or to purchase one of our publications, go to www.firstreference.com

.

This article offers general comments on legal developments of concern to businesses. Every effort has been made to ensure the accuracy and timeliness of this information. These publications are written for informational purposes only and should NOT be relied upon as legal advice. The reader should always obtain legal advice from a qualified lawyer or other qualified professional which will be responsive to the case or circumstance of the individual

©1999-2005 First Reference Inc.



HRM Guide Updates

Google
 
Web www.hrmguide.net
www.hrmguide.com www.hrmguide.co.uk
  Contact  HRM Guide Network

Copyright © 1997-2006 Alan Price and HRM Guide Network contributors. All rights reserved.