Understanding and Accommodating Allergies in the Workplace Anne Hirsh, JAN Co-Director Janet Fiore, CEO, The Sierra Group, Inc. www.thesierragroup.com JAN is a service of the.
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Understanding and Accommodating Allergies in the Workplace Anne Hirsh, JAN Co-Director Janet Fiore, CEO, The Sierra Group, Inc. www.thesierragroup.com JAN is a service of the U.S. Department of Labor’s Office of Disability Employment Policy. 1 Janet Fiore is the CEO of The Sierra Group, Inc., a national consultancy with a mission of reversing the high unemployment rate for people with disabilities, and veterans in America. Working in all areas surrounding bring to work, stay at work and return to work, and return to work, Fiore's firm also sponsors a web portal serving more than 150,000 human resource and vocational rehabilitation professionals each month. Serving corporations and individuals nationally, Sierra consultants offer new employment potential to Americans with disabling conditions through services for business, government, schools, and agencies. Fiore is recognized as an authority on disability policies and practices for business and government. She has delivered accessible technology training to the GSA; championed business incentive legislation that passed the Senate; and testified before Congress. Fiore held her company's mission at heart, when she herself was faced with the challenge of running a business and coping with cancer. She led her organization to significant growth, doubling the revenue throughout her battle with breast cancer and bone loss. She persevered and used this time period to expand her corporation's offerings and divisions, while also establishing two national, public service programs, regarding disability: www.employmentincentives.org and www.onemoreway.org, providing financial information and "Learn at Your Desk" Teleseminars to assist businesses comply and diversity the workplace through disability recruiting programs. Fiore is routinely interviewed by the media outlets including CNN; INC. Magazine and Microsoft Press The recipient of many industry and entrepreneurial awards, Fiore states, “what matters most is making a significant noticeable difference in the lives of the people I work for.” For training, consultation or recruiting services, contact Janet: Via email: [email protected], or call Toll Free: 800.973.7687. "Together, we are optimizing employment for Americans with Disabilities, and Veterans" 2 Accommodating Allergies Overview About Allergies Allergies and the ADA Workplace Issues and Accommodations Situations and Solutions Resources Questions and Answers 3 Accommodating Allergies About Allergies 4 Accommodating Allergies Types of Allergies • • • • • • Pollen and other environmental agents Latex allergy Animal allergy Food allergy Fragrance sensitivity Multiple Chemical Sensitivity/Environmental Illness • Mold allergy • Occupational disease 5 Accommodating Allergies Prevalence of Allergies Sixth leading cause of chronic disease in the United States and cost the healthcare system $18 billion annually. • A nationwide survey found that more than half (54.6%) of all U.S. citizens test positive to one or more allergens. • Latex allergy affects between 5% and 15% of healthcare workers, but less than 1% of the general population. • Food allergy occurs in 6 to 8 percent of children age 6 years or younger and in 2 percent of adults. *National Institute of Allergy and Infectious Disease 6 Accommodating Allergies ADAAA Signed on September 25, 2008 Effective January 1, 2009 http://askjan.org/links/adaaa.htm EEOC Final regulations effective May 24, 2011 http://www.eeoc.gov/laws/regulations/adaaa_fact_sheet.cfm 7 Accommodating Allergies Guiding Principles makes it easier to meet the definition of “disability” states the definition of “disability” in the ADA “shall be construed in favor of broad coverage” and “should not demand extensive analysis” Practical Guidance on the definition of disability in relation to the ADAAA http://askjan.org/bulletins/adaaa1.htm 8 Accommodating Allergies Definition of Covered Disability: Expanded Definitions of Major Life Activities, & Major Bodily Functions MAJOR LIFE ACTIVITIES: Including, but not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, working. MAJOR BODILY FUNCTIONS: Including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, reproductive functions. 9 Accommodating Allergies Remember the ADA Interactive Process ADA Amendments Act - What you NEED to know! READ this article by leading experts, Janet Fiore, CEO & Jill Fisher, Esq. Recognize a Request Involve the Individual http://AskJAN.org/media/interactiveprocessfact.doc 10 Accommodating Allergies Symptoms and Limitations of Allergies • • • • • • • • Itchy eyes Sneezing Respiratory/Asthma Skin irritation Fatigue Headache/migraine Difficulty concentrating Memory issues 11 Accommodating Allergies Workplace issues • Indoor Air quality • Products used in the workplace (latex, cleaners, hand sanitizers, etc) • Policy issues (food, fragrance, service animal) • Pest management • Workstation location • Method of communication - one on one and group meeting issues 12 Accommodating Allergies Accommodation Considerations • Air filters and air cleaning products • Alternative cleaning products • Leave time for office remodel/product off-gassing • Flexible schedule • Telework and work from home • Service animals and path of travel • Notification of policy issues to all employees • Plan of action for emergency 13 Accommodating Allergies Situations & Solutions 14 Accommodating Allergies Example An office worker was experience headaches and breathing problems due to fragrances coworkers wear and fumes from new carpet in the office. 15 Accommodating Allergies Accommodation options The employee’s workstation was ‘enclosed’ via cubicle walls; an air purifier was provided. She worked remotely during carpet installation; the carpet vendor provided air purification mechanisms during/after installation. Interactions with co-workers were Altered to include a combination of Phone, Skype, & Email. Face to face Interactions were fragrance free. 16 Accommodating Allergies Example A social service worker with allergies and asthma had difficulty meeting with clients in their homes, especially clients who smoked. 17 Accommodating Allergies Accommodation The employee was allowed to meet some of her clients in a neutral place without smoke. The employer reported this enabled them to keep an experienced employee. 18 Accommodating Allergies Example A Project Manager had severe allergies to dogs. A member of the project team uses a guide dog for mobility assistance to and from work as well as throughout the office complex. 19 Accommodating Allergies Accommodation Guidelines and rules were established related to the path of travel for both the employee with allergies and the employee with the service animal. 20 Accommodating Allergies Example A state government worker had severe allergies to citrus. The employee requested no citrus based cleaning products, hand sanitizer, or citrus food be allowed in the building. 21 Accommodating Allergies Accommodation The employer was able to remove all citrus based cleaning products and hand sanitizer from the unit where the individual worked. They also requested co-workers not bring citrus food products to work. A plan of action was also put in place with the assistance of the employee. 22 Accommodating Allergies Example A Health Care Worker in a hospital setting developed an allergy to latex. The employee could no longer wear latex gloves and needed to be in an environment with minimal exposure to latex products. 23 Accommodating Allergies Accommodation The employer identified a unit where it was feasible to reduce the amount of latex and switch to nonpowdered latex gloves with reduced protein content. Cleaning in the area was evaluated so to thoroughly clean the environment to remove any residue from walls, equipment, and HVAC vents. The individual took precautions when needing to traverse through other departments of the facility. 24 Accommodating Allergies Example An engineer in a manufacturing facility with asthma and severe allergies to wood products and dust was having difficulty being on site near the production line. The office was adjacent to the production area. The employee requested an enclosed private office space, a flexible schedule and the ability to work from home three days a week. 25 Accommodating Allergies Accommodation The Engineer was needed in the office for key meetings at set times. Office space was relocated, air filtration was more closely monitored, cleaning of the office space occurred prior to the set meeting time to reduce exposure, and the employee was able to work from home two days a week. NOTE: Cutting edge solution for medical & Project Management – vgocom.com Virtual presence robot. 26 Accommodating Allergies Example A line worker in a manufacturing plant had severe allergies to pollen and asthma. He was having difficulty walking from the parking lot to his workstation. 27 Accommodating Allergies Accommodation The employer gave the employee a reserved parking spot close to the work-site, and provided supply of sterile masks to wear to and from his car. 28 Accommodating Allergies Monitoring the Accommodation Check on effectiveness Maintain the accommodation Encourage ongoing communication Review the emergency plan of action Train new employees on relevant policy issues Periodic reminders about workplace policy issues Give supervisors support to effectively enforce policy rules 29 Accommodating Allergies JAN research indicates that 76% of accommodations are either very effective or extremely effective. 30 Contact us For Customized Services including: • • • • • Disability and employment opportunities On site accommodation/AT solutions Janet Fiore Financial Incentives – www.employmentincentives.com OFCCP Compliance assistance CEU accredited training opportunities, and more… • Join our Million Member Strong One More Way Collaborative • www.onemoreway.org Call us at: 800.973.7687 E-Mail us at: [email protected] 31 Accommodating Allergies Resources NIOSH Information on Allergies and Asthma • http://www.cdc.gov/niosh/topics/asthma/ NIOSH Information on Indoor Environment Quality • http://www.cdc.gov/niosh/topics/indoorenv/ NIOSH Information on Latex Allergies • http://www.cdc.gov/niosh/topics/latex/ 32 Accommodating Allergies Resources Industrial Hygiene Association • http://www.aiha.org/Pages/default.aspx Food allergy information • http://www.foodallergy.org/ JAN Publications related to allergies • http://askjan.org/media/alle.htm • http://askjan.org/media/resp.htm • http://askjan.org/media/late.htm 33 Accommodating Allergies Questions? AskJAN.org 34 Accommodating Allergies Contact (800)526-7234 (V) & (877)781-9403 (TTY) AskJAN.org & [email protected] 35