Chemical Sensitivity Omitted from Americans with Disabilities Act Proposed Regs

[Guest guest]

Poster's Comment: I just learned of this, but thought better late then

never...............read the comments under the article at the webpage.

 

Public Comment Needed by Monday, August 18, 2008: Chemical Sensitivity

Omitted from Americans with Disabilities Act Proposed Regs

_http://www.beyondpesticides.org/dailynewsblog/?p=417_

(http://www.beyondpesticides.org/dailynewsblog/?p=417)

_http://www.beyondpesticides.org/dailynewsblog/?p=417#comment-69235_

(http://www.beyondpesticides.org/dailynewsblog/?p=417#comment-69235)

 

Beyond Pesticides, August 15, 2008) With a public comment period that ends

Monday, August 18, 2008, the U.S. Department of Justice, Disability Rights

Section, Civil Rights Division proposes rulemaking that fails to recognize

chemical sensitivity (CS) and environmental illnesses as disabilities that may

require specific access standards. In a public comment to be submitted next

week, Beyond Pesticides urges the Justice Department to specifically include

access requirements for those with CS and environmental illnesses in its

rulemaking. The organization is urging the public to send comments as well, and

invites sign-ons to the Beyond Pesticides’ comment.

The comment says, “The proposed rule errs in omitting environmental illness

and chemical sensitivity with a justification that people with the illness

may have a “sensitivity [that does] not rise to the level needed to

constitute

a disability.†This statement is false and out of step with environmental

medicine which diagnoses CS as a chemical-induced illness from which patients

suffer with debilitating effects. Similar to other disabilities, a diagnosis

reflects a finding that patients cannot function as a result of exposure to

neurotoxic chemicals. Eliminating the chemical exposure substantially increases

their ability to function and lead normal lives.â€

The comment continues, “As an organization whose primary focus is

pesticides, Beyond Pesticides is in contact with people who are chemically

sensitive

and are exposed to pesticides, thus substantially limiting their life

activities on a regular basis. These are people whose disability is not well

understood or accepted by the general public, which is uninformed about the

illness.

In conveying their concerns to neighbors, employers or landlords they often

receive ridicule instead of respect and accommodation. Without mentioning in

the text of the accessibility standards of the ADA that those with chemical

sensitivities are indeed protected when life activities are substantially

limited and that they have specific access requirements, people with CS often

cannot get their needs addressed without individual lawsuits to prove their

disability. This becomes a burden and barrier to protection.â€

The comment points to a 1992 memorandum issued by the Department of Housing

and Urban Development that recognizes CS and environmental illness as a “

handicap,†with all the protections afforded those disabled by this illness.

The

comment reads, “In a 1992 memorandum entitled “Multiple Chemical Sensitivity

Disorder and Environmental Illness as Handicaps,†the Office of General

Counsel in the Department of Housing and Urban Development clearly defines MCS

and

environmental illness as “handicaps†within the meaning of subsection

802(h) of the Fair Housing Act, 42 U.S.C. Section 3602(h), and the

Department’s

implementing regulations, 24 C.F.R. Section 100.201 (1991).†Rather than

equivocate on this debilitating condition, protection should be ensured under

the

proposed rulemaking beyond one’s place of residence.â€

Beyond Pesticides’ comment includes the story and recommendation of a former

physical education teacher and coach in Kansas who writes:

With proper accommodation, I would still be teaching and coaching today!

Officially recognizing not only the life-changing severity of Multiple Chemical

Sensitivity, but also the value of “avoidance†in treating it would help

building administrators understand how to keep employees with this disability

on

the job. I have many friends who are also disabled by MCS. Not one of them

wanted to quit their job! But lack of accommodation caused their illness to

progress to the point where they could no longer work. MCS takes a huge toll on

individual lives and results in unnecessary loss of productivity. I urge you

to officially recognize Multiple Chemical Sensitivity/Environmental Illness

as a disability requiring accommodation for accessibility. The chemical

barriers that prevent those with MCS from entering buildings are every bit as

limiting as lack of a ramp would be to someone in a wheelchair. Those with MCS

deserve the same rights as other citizens. Recognizing MCS as a “qualified

disability†would go a long way toward achieving equal access for everyone!

Beyond Pesticides suggests that the rulemaking include the following

language: “Integrated pest management (IPM) practices to protect those

disabled with

chemical sensitivity (CS) or environmental illnesses and ensure access are

required in public facilities or properties to include the following

practices: identification of pests and conditions that attract pests; prevention

techniques, such as sanitation, vacuuming, structural repair and sealing;

monitoring; education and training; approved least toxic chemicals whose use

does

not, by virtue of its neurotoxic or other properties, impair the abilities of

those with CS; and pre-notification and posting of chemical use.â€

The full text of Beyond Pesticides’ comment can be seen _here_

(http://www.beyondpesticides.org/documents/MCSdoj.pdf)

_http://www.beyondpesticides.org/documents/MCSdoj.pdf_

(http://www.beyondpesticides.org/documents/MCSdoj.pdf) .

Thanks to Mary Lamielle of the National Center for Environmental Health

Strategies for alerting us to the comment period. Read her comments _here_

(http://www.beyondpesticides.org/documents/marylamielle.pdf)

_http://www.beyondpesticides.org/documents/marylamielle.pdf_

(http://www.beyondpesticides.org/documents/marylamielle.pdf)

TAKE ACTION: Access the Federal Register and submit comments electronically

_here_

(http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail & o=0900\

00648062a623)

_http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail & o=0900\

00648062a623_

(http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail & o=0900\

00648062a623)

Click on the yellow dialogue bubble that says “add comments.†If you would

like to sign on to Beyond Pesticides’ comment, please contact Natalie

Lounsbury, _nlounsbury_

(nlounsbury)

, 202-543-5450, by 3:00pm (EDT) on Monday, August 18, 2008

(http://www.papercut.biz/emailStripper.htm)