Air Quality in the workplace in Maine

[GernB]

I want to know what rights I may have regarding air quality in the work place.
Maybe theres a law or rules or something, I don't know.

My problem is I'm very sensitive to smells, especially perfume or cologne.
In the past and recently I have been bothered by people wearing too much perfume. The first time my employer moved me away from the culprit. They (my employer) are not giving me any hard time about it, in fact I'm sure they want to help.

Are there any laws or rights I may refer myself and my employer on this issue?
Has anyone else had a similar problem like this?

Thanks!

GernB

[cbg]

The way you want to address this is not through air quality laws, but through the ADA. Perfume is not going to be sufficient to trigger air quality issues.

However, it is possible that the ADA may provide you with some protection. How does the perfume affect you? Headaches? Asthma attacks? A little more information will help me help you.

BTW, I am also very sensitive to certain perfumes and scented products, so this is something of a hot button item for me.

[Marketeer]

I'm not aware of legislation specifically addressing this situation. If your condition is severe enough, it may rise to the level of a disability under the Americans with Disabilities Act. Your doctor would have to document the severity of the condition. Under ADA you can request reasonable accommodations. Specific accommodations might be moving you away from the perfume-wearer, putting you in location with better ventilation, and so forth.

[GernB]

Originally Posted by cbg

The way you want to address this is not through air quality laws, but through the ADA. Perfume is not going to be sufficient to trigger air quality issues.

However, it is possible that the ADA may provide you with some protection. How does the perfume affect you? Headaches? Asthma attacks? A little more information will help me help you.

BTW, I am also very sensitive to certain perfumes and scented products, so this is something of a hot button item for me.

It may even be considered a medical condition, but I don't have a doctor's note about it. I had sinus surgery about 14 years ago and have been sensitive ever since.

I basically am just bothered by the smells, sometimes my eyes water and I may get stuffed up.

[GernB]

Thanks everyone.
I appreciate all the information!

I kind of figured if I needed to fight it (which I don't think I'll need to) that I would need some medical varification of my condition.

I've just been notified by my employer that they'll talk to this "offender" for me. I don't want to upset anyone but we are talking about the work place where everyone should be able to work in comfort.

GernB

[cbg]

Just being "bothered" by it is unfortunately not going to provide you with any legal recourse. If it reached the level of a disabling condition (which can happen) you'd have some recourse but since it doesn't you're dependent on the good will of your employer. The level of discomfort you describe is not going to be enough to trigger the ADA.

I am extremely sympathetic; as I said, I have a similar problem. But at the level you describe, it's not going to be a legal issue.

[GernB]

Originally Posted by cbg

Just being "bothered" by it is unfortunately not going to provide you with any legal recourse. If it reached the level of a disabling condition (which can happen) you'd have some recourse but since it doesn't you're dependent on the good will of your employer. The level of discomfort you describe is not going to be enough to trigger the ADA.

I am extremely sympathetic; as I said, I have a similar problem. But at the level you describe, it's not going to be a legal issue.

Thanks,
I figured as much. It's just basically annoying. There are some colognes and purfumes that bother me more than others, especially if the wearer puts allot of it on. it's rare but I have actually had somewhat of an allergic reaction to it but not medically diagonosed. I get itchy, my eyes water stuff like that.

Anyway, if I ever do have a problem that severe, I will definately see my doctor for a diagnosis so I may act accordingly.

thanks for your advice.