An employee has been having an allergic reaction. After test the doctor determined it is the epoxy we use in our product. What are our options? She basically can’t work with our product. I am not sure what to do.

This is a tough situation.

Allergies are considered to be protected under the ADA (Americans with Disabilities Act). So, this is a huge concern for employers with 15+ employees.

Some questions:

Is this reaction coming from breathing in the epoxy odor or from contact on the skin? Are there any accommodations you can make for this worker? Gloves, masks, respirator? Can she be moved to a workspace where she is not exposed to this chemical? Is there another type of job she can do that does not cause this reaction?

You definitely need to begin the interactive process: https://helpdeskforhr.com/knowledgebase/the-interactive-process/  and  https://helpdeskforhr.com/knowledgebase/ada-interactive-process-guidance/

This issue has been fought extensively with Latex gloves in healthcare settings. OSHA has had a lot to say about accommodating the worker:

https://www.osha.gov/dts/shib/shib012808.html

Here is what askjan.org has to say on the matter: https://askjan.org/disabilities/Multiple-Chemical-Sensitivity.cfm

https://askjan.org/disabilities/Latex-Allergy.cfm

Here are some other links to helpful articles:

http://www.employmentlawdaily.com/index.php/2015/07/15/allergies-in-and-to-the-workplace/

https://www.nytimes.com/2008/05/01/fashion/01WORK.html

https://www.laborlawcenter.com/education-center/new-ada-guidelines-for-fragrance-sensitivity/

Bottom line. Do everything you can for the worker within reason. Document your efforts and do not retaliate or show any concern of retaliation toward the worker. This may be a process. But, also a great learning experience.

I hope all of this helps!

Workplace allergies

October 2018