As noted above, managers have a duty to inform themselves of the laws governing the duty of accommodation owed to persons with environmental sensitivities. (See Part 2: What is Accommodation?)
Not everyone who experiences these conditions will need accommodations to perform their job, while others may need only a few. The specific accommodations suggested in this document may not be the only options available, and must be evaluated on an individual basis, working closely with the person who has environmental sensitivities.
Tact and sensitivity should be exercised at all times in discussions of matters affecting employees who have environmental sensitivities.
In making accommodations, the priority, where possible, is to adjust the physical work environment so that the employee can work productively while remaining co-located with his or her colleagues. If this is not possible, flexible work arrangements may need to be adopted.
Remember that the goal of accommodation is to enable the employee to remain a productive member of the office team.
Offer flexible work options, when requested or if appropriate, including telework or flex time in order to accommodate the highly individual nature of environmental sensitivities, in accordance with the Treasury Board of Canada Secretariat Telework Policy, or other relevant policy. Managers who refuse to approve a telework request to accommodate an employee's environmental sensitivities should provide reasons in writing.
Promote open communication with employees.
Review the employee's health needs as presented by the employee, as well as any available information that describes the nature of the employee's disability and the need for specific accommodations.
Address the person's abilities and limitations, and if possible, attempt to identify problematic irritants in order to remove the problem at its source. It is not always possible to identify irritants, but this is not sufficient reason to discontinue efforts to find appropriate accommodation.
Keep in mind that the person requiring the accommodation must be accorded full participation in the decision-making process and must agree to any planned accommodations. Remember that the person with environmental sensitivities is often the best expert on his or her own disability. The person must be able to give input and feedback on the accommodations at every stage of the process. Any accommodation provided should validate the employee and make them feel that their needs are worthy.
In the search for individualized accommodation, you and the employee should actively seek opportunities to work together with appropriate resource persons, such as building management, employee assistance programs and Human Resources, and to test a range of solutions.
Remember that any accommodation (including transfers) should be considered on a trial basis and that there must be opportunities to change or adjust the accommodation. Accommodations that seem acceptable at first may be found to be unworkable after a few days or even a few months.
Exercise care in making decisions to transfer employees who have environmental sensitivities to other posts or locations. Any decision to transfer must be appropriate for the employee and must be agreed to by both the manager and the employee. A transfer that does not improve the employee's situation should not be considered. Examples of inappropriate transfers would include a transfer to a recently constructed or renovated building, or to an office formerly used for a purpose that makes it now unsuitable for an employee who has environmental sensitivities, such as a photocopier room, kitchen or storage room for cleaning products.
If the employee who has environmental sensitivities agrees, hold an awareness session with other employees in the unit, using the resources identified in this document, as soon as possible after an employee has self-identified.
Help prevent discrimination against employees who have environmental sensitivities by:
distributing copies of relevant documentation to all staff, such as the Employee Awareness Kit that accompanies this Guide; and
arranging for workshops, conferences, notices and informal discussions on the subject of environmental sensitivities with an emphasis on the legal duty to accommodate.
Be knowledgeable about indoor air quality and other factors affecting employees who are environmentally sensitive.
Arrange for an indoor air quality (IAQ) audit and an assessment of the heating, ventilation and air-conditioning system in the workplace.
Provide copies of the results of all indoor air quality testing to employees on request.
Seek advice from legal counsel before deciding whether sufficient steps have been taken to accommodate the employee with environmental sensitivities and whether the test of undue hardship has been met.
Promote the workplace scent-free policy discussed in Part 3: Guidelines for Employers. Discuss the issue of environmental sensitivities personally with individuals who continue to use scented products, creating a barrier to the workplace for members of this protected group. Insist that such individuals discontinue using the offending products, consistent with the duty of accommodation owed to employees protected from discrimination on the grounds set out in Canadian human rights laws.
Promote and implement the recommendations in Part 3: Guidelines for Employers and in Part 3 of the companion document, Accommodating Employees with Environmental Sensitivities: A Guide for Building Managers.
