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  1. #1
    Join Date
    Jun 2006
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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.

  2. #2
    Join Date
    Nov 2013
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    Pennsylvania
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    806

    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.

  3. #3
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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.

  4. #4
    Join Date
    Sep 2005
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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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