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  1. #1
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    Jan 2015
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    Default Harsh Chemicals at Work Causing Reactions

    I work in a small office with no ventilation other than the door. The windows do not open as we are on the 5th floor. We have cleaners that come in to clean the office and kitchen daily. Because we are a 24/7 center, there is always staff on duty when the cleaners are here. They use the most potent and toxic smelling chemical cleaners to spray surfaces, and the smell lingers in the air for quite some time. These harsh chemical cleaners cause severe allergic reactions. My sinuses instantly swell up causing headaches and eventually migraines and my eyes are so dry and painful that I can hardly stand to look at my computer screen, especially for 12 hours.

    On November 17th, I couldn't bear it any longer so I wrote management an email explaining my situation. I also offered alternative cleaning suggestions and offered to bring them in on my own expense. The manager wrote me back and stated he is disassociating himself from the situation because his mother owns the cleaning company! He stated he would forward the complaint to the director.

    It is now January and I have not heard anything so I took it upon myself to bring in vinegar and replace the chemicals with a diluted solution. This did not go over well with the cleaning staff, but I am to the point that I can't manage any longer in an already stressful job. There are two other employees that are also bothered by the chemicals, one having severe asthma and the other having allergies as well.

    I would like to know if I crossed the line by replacing the chemicals, and if there is anything I can do since management keeps ignoring the issue. Is it worth taking legal action if even possible?

  2. #2
    Join Date
    Nov 2013
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    806

    Default Re: Harsh Chemicals at Work Causing Reactions

    You emptied their cleaners and put your own cleaners in the same bottles, which are now incorrectly labeled? Yea, that was a bad idea. Those wern't your cleaning supplies to touch. Yes, there is something you can do. You can quit your job and find another one that is more suitable.

    What legal action would you take? Suing them for keeping a clean workplace? Get some allergy meds. I have severe allergies and the medication they make these days, along with nasal spray - I can deal with the harshest perfumes now that would have made me ill previously.

  3. #3
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    Default Re: Harsh Chemicals at Work Causing Reactions

    You posted this on another forum and I asked you several questions there. I only just did it so you haven't had a chance to see them yet. Yes, you were out of line changing the cleaning supplies but that's water under the bridge now.

    There is a possible protection for you but it depends on the answers to the questions I asked you over there. I'm going to ask them here, too:

    1.) How many employees, overall, does your employer have?
    2.) Is there an HR person/office?
    3.) Will your doctor certify the reaction you're having to the chemicals?
    4.) And one more I didn't think of "down the street" - is this an isolated instance or do you have this same reaction other places? Many years ago I worked for a hotel and we had a frequent guest was allergic to the industrial strength materials we used in our laundry - do you have any other issues?

  4. #4
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    Default Re: Harsh Chemicals at Work Causing Reactions

    Quote Quoting lintywaver
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    They use the most potent and toxic smelling chemical cleaners to spray surfaces, and the smell lingers in the air for quite some time. These harsh chemical cleaners cause severe allergic reactions.
    Just because you don't like the smell of the cleaners that are used doesn't mean that they contain harsh or toxic chemicals. There may be nothing toxic in them.

    If there is a brand name on the bottles, you can look up the MSDS (material safety data sheet) on a MSDS database website. Google MSDS database and then look up the brand name. The data sheet will tell you if there are health safety concerns in the use of the product.

    If you find any, you will be in a much better position to get something done about the product use.

  5. #5
    Join Date
    Mar 2013
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    Default Re: Harsh Chemicals at Work Causing Reactions

    Quote Quoting lintywaver
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    Is it worth taking legal action if even possible?
    Generally, your only remedy against your employer is workers compensation.

    However, if you want to take legal action against the cleaning company you are likely going to have to file a personal injury lawsuit. Whether you'll have any success there is impossible to predict but you are welcome to consult a personal injury attorney.

    If the cleaners have gone back to using the same cleaning compounds you also have the option of calling OSHA and see if you can get any results there.

    Keep one thing in mind. Either of those choices is likely to get you fired so you might be better off just looking for another job someplace else.

  6. #6
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    Default Re: Harsh Chemicals at Work Causing Reactions

    No, she has one other option. It may or may not apply; it will depend on her answers to my questions. But she may, repeat -*may*, not does - have an ADA issue for which she is entitled to an accommodation.

    budwad, I can tell you don't have any scent allergies. I do. There doesn't have to be anything toxic in them for there to be a legitimate, medically verifiable, allergy present.

    She cannot legally be fired for calling OSHA. OR, for that matter, for asking for an ADA accommodation.

  7. #7
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    Nov 2013
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    Default Re: Harsh Chemicals at Work Causing Reactions

    No, but she could be fired for any number of reasons as a result of calling OSHA. She can't be fired for calling OSHA, but she could be fired for having an ugly haircut which would be the reason given if her employer wanted to fire her for calling OSHA. Absent a contract, she can be fired for any reason or no reason.

    As for the "reaction" - OP has not mentioned anything about what the specific allergies are or what remedies OP has taken to alleviate said allergies. I suspect if there is a simply allergy medication available for OP to take that would remedy the problem. Additionally, if the cleaning chemicals are standard chemicals that pose no health risk or threat, there is little OP can do in that situation, other than asking for accommodations.

    Back in college I worked for a paper manufacturer. Anyone who knows what it's like manufacturing paper knows that there is a very unique smell related to that process. That smell always gave me an immediate, debilitating headache. After a few weeks my employer suggested that I'd do well not working for a paper company.

  8. #8
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    Default Re: Harsh Chemicals at Work Causing Reactions

    And OSHA, as well as other regulatory agencies, are pretty savvy about figuring out when a discharge is retaliatory, even if a different reason is given.

    The ADA may not apply. Her allergy may not turn out to qualify. The company may not be large enough to fall under the statute. Her doctor may indeed suggest different allergy meds. I'm not saying she's definitely got a claim under the ADA.

    But we're a long way from telling her that her only option is to quit, which is I believe where you started out. There are still options to explore.

  9. #9
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    Default Re: Harsh Chemicals at Work Causing Reactions

    Quote Quoting PADriver13
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    No, but she could be fired for any number of reasons as a result of calling OSHA. She can't be fired for calling OSHA, but she could be fired for having an ugly haircut which would be the reason given if her employer wanted to fire her for calling OSHA. Absent a contract, she can be fired for any reason or no reason.
    She could be fired for changing the cleaning staff's products without permission, and/or without proper labeling and/or MSDS compliance.

    It would be interesting to learn what cleaning chemicals are being used.

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