Does anyone know if there is a Florida law that protects an employee against inhalants such as perfumes or room deodorizers? I have COPD and a co-worker has chosen to ignore my request to not spray a room deodorizer that immediately sends me into an asthma attack. I brought in one to use that doesn't cause any breathing problems, which she is neglecting to use. I have asked her to stop with an explanation, and have asked the president of our very small company to intervene. He told me, "You'll just have to deal with it. Wear a face mask". This is not only humiliating, but not being able to breath is very frightening. I can not leave my position due to money. There has got to be something out there to protect an employee against this. I appreciate your help!
2006-07-15 06:46:09 · 5 answers · asked by sarlha 3 in Politics & Government ➔ Law & Ethics
I think the Americans with Disabilities Act would cover your situation.
2006-07-15 06:50:39 · answer #1 · answered by scottt992000 2 · 0⤊ 1⤋
""You'll just have to deal with it. Wear a face mask""
If this is the case just ask your employer to provide you with both respiratory training and protection. It's the law and the responsibility of the employer.
It make no difference where the contaminates come from if it happens in the work place it is the bosses responsibility.
Another avenue is to check the policy and procedure manual for the business to see who can and can not spray chemicals. With that comes training sign offs. Who has been trained to spray safely Who monitors the need to spray and what is sprayed.
What you need to do is not complain to the offensive coworker. Simply treat it as if it is normal and ask your health and safety officer to provide you with protection. Then it becomes a documented health issue (make sure you ask for a copy of the incident report and for a copy of the EPA response when it arrives) By law they have to report repairable incidents.
What this does is basically pressure the boss to tell the idiot with the spray can to look for other employment..
2006-07-15 14:03:11 · answer #2 · answered by Rocketman 2 · 0⤊ 0⤋
This is an employee accommodation issue; because the employer is refusing to accommodate you as a person with a disability, the employer can be held liable under human rights or ADA legislation.
2006-07-15 14:03:57 · answer #3 · answered by Angela B 4 · 0⤊ 0⤋
You would have to ask the Department of Labour. But first talk to your employer, and explain to them what your problem is, maybe they will do something for you.
2006-07-15 13:51:49 · answer #4 · answered by ijcoffin 6 · 0⤊ 0⤋
Better get some medical documentation to back up your claim, or you will get no where
2006-07-15 16:04:47 · answer #5 · answered by goz1111 7 · 0⤊ 0⤋