Canadian Human Rights Commission on ES

Posted by: Sarah Dacre

Thu Feb 28, 2008 4:30 am (PST)



Of possible interest.



-Magda Havas

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http://www.agoracosmopolitan.com/home/Frontpage/2008/02/01/02182.html

http://www.agoracosmopolitan.com/home/Frontpage/2008/02/11/02216.html

http://www.chrc-ccdp.ca/legislationpolicies/policyenvironpolitique-en.asp

See environmental sensitivities and legal perspective: http://www.chrc-ccdp.ca/legislationpolicies/policyenvironpolitique-en.asp



Canadian Human Rights Commission

www.chrc-ccdp.ca

Policy on Environmental Sensitivities Individuals with environmental sensitivities experience a variety of adverse reactions to environmental agents at concentrations well below those that might affect the "average person". This medical condition is a disability and those living with environmental sensitivities are entitled to the protection of the Canadian Human Rights Act, which prohibits discrimination on the basis of disability. The Canadian Human Rights Commission will receive any inquiry and process any complaint from any person who believes that he or she has been discriminated against because of an environmental sensitivity. Like others with a disability, those with environmental sensitivities are required by law to be accommodated. The CHRC encourages employers and service providers to proactively address issues of accommodation by ensuring that their workplaces and facilities are accessible for persons with a wide range of disabilities. Successful accommodation for persons with environmental sensitivities requires innovative strategies to minimize or eliminate exposure to triggers in the environment. These may include: developing and enforcing fragrance free and chemical avoidance policies, undertaking educational programs to increase voluntary compliance with such policies, minimizing chemical use and purchasing less toxic products, and notifying employees and clients in advance of construction, re-modeling and cleaning activities. Such measures can prevent injuries and illnesses, and reduce costs and health and safety risks. For further information on environmental sensitivities, click on the following Commission publications: The Medical Perspective on Environmental Sensitivities Accommodation for Environmental Sensitivities: Legal Perspective Policy approved by the Commission on June 15, 2007.

http://www.chrc-ccdp.ca/researchprogramrecherche/esensitivitieshypersensibilitee/toctdm-en.asp



The Medical Perspective on Environmental Sensitivities

By: Margaret E. Sears (M.Eng., Ph.D.), 2007

Abstract Approximately 3% of Canadians have been diagnosed with environmental sensitivities, and many more are somewhat sensitive to traces of chemicals and/or electromagnetic phenomena in the environment. People experience neurological and numerous other symptoms, and avoidance of triggers is an essential step to regaining health. The Canadian Human Rights Commission commissioned this report to summarize scientific information about environmental sensitivities. For those interested in the original scientific and technical literature, an annotated bibliography is available on request from environmentalhealthmed@gmail.com This report addresses issues such as the definition and prevalence of environmental sensitivities; recognition by medical authorities; education and training within the medical community; origins, triggers and symptoms of sensitivities; impact of environmental sensitivities in the workplace; government policies and standards for building codes, air quality and ventilation as they affect individuals with environmental sensitivities; and guidelines for accommodation within the workplace. For people with environmental sensitivities, their health and ability to work rests with the actions of others, including building managers, co-workers and clients. Accommodating people with environmental sensitivities presents an opportunity to improve workplace environmental quality and workers´ performance, and may help prevent the onset of sensitivities in others.

http://www.chrc-ccdp.ca/researchprogramrecherche/esensitivitieslegalhypersensibilitee/toctdm-en.asp

Accommodation for Environmental Sensitivities: Legal Perspective By: Cara Wilkie and David Baker, 2007 Abstract Environmental sensitivities are a group of poorly understood medical conditions that cause people to react adversely to environmental triggers. The Canadian Human Rights Commission commissioned this report, in which the researchers seek to establish the status of the issues related to environmental sensitivities from a legal perspective and as these relate to the protection of human rights. The researchers examined case law, consulted experts and examined secondary sources on accommodation of people with environmental sensitivities in Canada, the United States, Australia, New Zealand and the United Kingdom, in order to answer several questions in the Canadian context: What is the status of the case law in these jurisdictions? Do building codes act as barriers to people with environmental sensitivities? What best practices emerge from the case law? How are conflicting interests reconciled? How can third parties be involved in the accommodation process? Where is the threshold of undue hardship? How are conflicts regarding accommodation preferences resolved?



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