Toxic work environment - useless "management"

[chesterv]

What is the name of your state? Texas

I have severe allergies to many artificial chemicals used in scented products. There are "toxic bullies" that come to work every day soaked in noxious, odious "scents" that pollute the air in the office I work in. These chemicals set off my allergies which range from migrane to a bloody nose. All the "management" claims all they can do is "talk" to these people (which I know is a lie), which does no good, as these toxic bullies know the management here is useless and will do absolutely nothing to them.

I've been at this healthcare billing office (yes, a HEALTHCARE company.......that cares NOTHING for the health of it's employees) for three years now, and I come to work every day and made sick. I'm not the only employee allergic to these chemicals, which my research says are toxic to humans, and the cause of many ailments - including allergies.

I have filed complaints with state and government offices, and nobody has any interest in employee protection.

Texas Workforce Commission - response, "Thats not our job, you need to contact EEOC"
EEOC - response, "Thats not our job, you need to contact OSHA"
OSHA - response, "Thats not our job, you need to contact EEOC"
Texas State Board of Health - "You need to contact OSHA, they have authority over that"
US Dept. of Health & Human Services - "You need to contact your state authorities"

So, not only am I getting "the run around", all of the places which claim to "protect employees" have absolutely no interest in helping me, much less telling me the truth about it being their job to help me.

So........my questions are.......

Why do toxic, sociopathic narcisssists have the right to destroy other peoples health, just to pamper their own ego's and vanity?
Why do affected employees have no rights over their own health and the toxic work places that aren't supposed to be toxic environments?
Who is in charge of forcing employers to follow laws and do what is ethical?

WHY don't *I* have any rights?

 

[cbg]

When you went to HR, identified yourself as having a disability and requested a reasonable accommodation, what happened?

 

[adjusterjack]

WHY don't *I* have any rights?

You have a right to seek employment elsewhere.

 

[LdiJ]

I work with the general public and I also have some fairly serious sensitivity/allergic reactions to scents. However, the only people that I really feel that I have the right to complain about are those who wear so much that you can still smell it long after they have left the premises.

Are you so sensitive that you cannot tolerate any scent at all? If that is the case, then you probably do want to find another work environment where you won't be subject to many other people.

 

[Just Blue]

What is the name of your state? Texas

I have severe allergies to many artificial chemicals used in scented products. There are "toxic bullies" that come to work every day soaked in noxious, odious "scents" that pollute the air in the office I work in. These chemicals set off my allergies which range from migrane to a bloody nose. All the "management" claims all they can do is "talk" to these people (which I know is a lie), which does no good, as these toxic bullies know the management here is useless and will do absolutely nothing to them.

I've been at this healthcare billing office (yes, a HEALTHCARE company.......that cares NOTHING for the health of it's employees) for three years now, and I come to work every day and made sick. I'm not the only employee allergic to these chemicals, which my research says are toxic to humans, and the cause of many ailments - including allergies.

I have filed complaints with state and government offices, and nobody has any interest in employee protection.

Texas Workforce Commission - response, "Thats not our job, you need to contact EEOC"
EEOC - response, "Thats not our job, you need to contact OSHA"
OSHA - response, "Thats not our job, you need to contact EEOC"
Texas State Board of Health - "You need to contact OSHA, they have authority over that"
US Dept. of Health & Human Services - "You need to contact your state authorities"

So, not only am I getting "the run around", all of the places which claim to "protect employees" have absolutely no interest in helping me, much less telling me the truth about it being their job to help me.

So........my questions are.......

Why do toxic, sociopathic narcisssists have the right to destroy other peoples health, just to pamper their own ego's and vanity?
Why do affected employees have no rights over their own health and the toxic work places that aren't supposed to be toxic environments?
Who is in charge of forcing employers to follow laws and do what is ethical?

WHY don't *I* have any rights?

Are you referring to the perfume that your co-workers wear? If so, can you please show a link to the research that labels perfume as "toxic" and harmful to humans?

 

[quincy]

Are you referring to the perfume that your co-workers wear? If so, can you please show a link to the research that labels perfume as "toxic" and harmful to humans?

There are several studies on chemical sensitivities and chemical sensitivity can constitute a physical impairment under the ADA. But a medical examination should be sought and a reasonable accommodation must be requested.

Here is a link to an older case out of Michigan, McBride v. City of Detroit , that deals with scent sensitivities in the workplace:
http://casetext.com/case/mcbride-v-city-of-detroit-2

OSHA has signs available to post in the workplace that state the workplace is a “scent free” area.

 

[PayrollHRGuy]

@chesterv

After you tone down your rhetoric on the issue I suggest you read this.

https://askjan.org/disabilities/Fragrance-Sensitivity.cfm

 

[quincy]

Here is another link to the Job Accommodation Network (JAN) that covers the same information provided in the link PayrollHRGuy has included in his post but adds some additional recommendations for employers and resources:

https://eeo.okstate.edu/sites/default/files/8-Fragrance.pdf

 

[izzie02]

My husband is sensitive to strong perfumes. His biggest fear was being on/trapped a plane sitting next to someone with such, which happened frequently when he traveled for work. It just takes a series of loud snotty sneezing on the offender to be offered another seat. Same goes for going to the offenders desk and sneezing, sniffling, snot flying to get them to tone it down. Leave Kleenex at your desk.

 

[quincy]

My husband is sensitive to strong perfumes. His biggest fear was being on/trapped a plane sitting next to someone with such. It just takes a series of loud snotty sneezing on the offender to be offered another seat. Same goes for going to the offenders desk and sneezing, sniffling, snot flying to get them to tone it down. Leave Kleenex at your desk.

I don’t have any allergies but I know I can’t walk into a store that sells scented candles or perfumes without getting a bad headache.

Several years ago, a person I worked with needed a scent-sensitivity accommodation. A no-scent policy was introduced and she was moved to a location far removed from everyone else. This worked because her position did not require person-to-person contact.

 

[Zigner]

This worked because her position did not require person-to-person contact.

Where can I sign up for THAT job?!?

 

[quincy]

Where can I sign up for THAT job?!?

Haha. I guess I probably should have said “regular” contact. The majority of her work could be completed on a computer.

 

[Shadowbunny]

...Why do toxic, sociopathic narcisssists have the right to destroy other peoples health, just to pamper their own ego's and vanity?
....

Here's a pro-tip: if you go into HR or management with THAT attitude, you are not going to get anywhere. Dial down the histrionics and you'll get much further in your quest.

 

[Taxing Matters]

I have filed complaints with state and government offices, and nobody has any interest in employee protection.

Texas Workforce Commission - response, "Thats not our job, you need to contact EEOC"
EEOC - response, "Thats not our job, you need to contact OSHA"
OSHA - response, "Thats not our job, you need to contact EEOC"
Texas State Board of Health - "You need to contact OSHA, they have authority over that"
US Dept. of Health & Human Services - "You need to contact your state authorities"

If your problems with scented products amounts to a disability under the Americans with Disabilities Act (ADA) then the employer would have an obligation to reasonably accommodate your disability. That is a matter that falls squarely within the jurisdiction of the EEOC. But the EEOC would not necessarily recognize that unless you expressly stated in your complaint that you had a disability, that you requested reasonable accommodation, and that the employer failed to provide reasonable accommodation. At the state level it is the Texas Workforce Commission (TWC) that deals with discrimination based on disability. Note that in the end nothing forces the EEOC or TWC to do anything about this. But if you make a proper complaint alleging disability discrimination you will at least get a right to sue letter from them and you need that letter in order to sue. See an attorney who litigates ADA employment cases about that. You will want the attorney involved before submitting the agency complaint as what you say in the complaint will affect how any later lawsuit plays out. The lawyer can also contact your employer, explain the law, and try to help you reach agreement with the employer on the matter.

This is not an issue that OSHA, the U.S. Department of Health and Human Services (HHS), or Texas Board of Health can help you with.

Why do toxic, sociopathic narcisssists have the right to destroy other peoples health, just to pamper their own ego's and vanity?

Your fellow employees are looking at this differently than you are. First, they may not understand that allergic reactions to scents is a real thing and may regard you as simply being a "special snowflake" seeking special rights. So some education there may help. In addition to that, what they likely see is that you are trying to infringe on their right to wear scented products and may resent it. After all, what you are seeking involves requiring them to change what they feel they ought to be able to do. And just how extensive your demand for a scent free workplace is will impact that. If you want to get along with your co-workers and reach a good resolution of the matter, attacking them as "toxic, sociopathic narcissists" won't help you; it will only make things worse. Your employer has a responsibility to address your disability, but if in the course of pursuing that you alienate all your co-workers, the employer may fire you for that alienation. As a result, I suggest you try an approach with co-workers that is not confrontational and will not further alienate them.

Why do affected employees have no rights over their own health and the toxic work places that aren't supposed to be toxic environments?
Who is in charge of forcing employers to follow laws and do what is ethical?

WHY don't *I* have any rights?

You do have rights, as I have explained above. It's up to you to assert those rights, but again I suggest you do so in a way that does not unnecessarily alienate your employer or fellow employees, at least if you'd like to keep that job.

 

[Dandy Don]

I sympathize with your situation and the topic of chemical sensitivities of co-workers will probably be coming into greater awareness in the future.

What would be your idea of a reasonable accomodation or what do you want to happen? For co-workers to be asked to please stop wearing fragrances?