Government Workers And Fragrance: What's Allowed?

The use of fragrances in the workplace is a contentious issue, with some employees reporting adverse health effects from exposure to scented products. Fragrances can be found in many commonly used items, such as toiletries, cosmetics, air fresheners, scented candles, laundry soaps, and cleaning products. While some people enjoy wearing fragrances and find them beneficial for their mental health, others experience negative physical reactions such as breathing difficulties, headaches, nausea, skin irritations, and limitations in memory and concentration.

Employers are increasingly adopting fragrance-free policies in the workplace to accommodate employees with chemical sensitivities and improve indoor air quality. However, implementing and enforcing such policies can be challenging due to the ubiquitous presence of scented products.

From a legal perspective, employers generally have the right to prohibit the use of fragrances in the workplace, especially if it is done to accommodate employees with chemical sensitivities. However, this may depend on the specific jurisdiction and applicable laws. In at-will employment states in the US, for example, employers can terminate employees for any reason that doesn't involve a legally protected classification.

Some employees may resist fragrance-free policies, especially if they are asked to change the products they use at home or if they feel their right to wear fragrances is being infringed upon. It is important to find a balance between accommodating employees with chemical sensitivities and respecting the choices of those who wish to use fragrances.

Ultimately, the decision to wear fragrances or not in the workplace depends on the specific policies of the organization and the local laws governing employment. It is advisable for employees to follow their employer's instructions regarding fragrance use to avoid potential disciplinary action or termination.

Fragrance sensitivity as a disability

Fragrance sensitivity is a recognised disability under the Americans with Disabilities Act (ADA). Fragrances are often added to daily use items such as toiletries, cosmetics, air fresheners, cleaning products, and pesticides.

The ADA defines a person with a disability as someone who:

• Has a physical or mental impairment that substantially limits one or more "major life activities".
• Has a record of such an impairment.
• Is regarded as having such an impairment.

Fragrance sensitivity can cause irritation or an allergic reaction to some chemical, or combination of chemicals, in a product. Common reactions to exposure include headaches, respiratory problems, asthma, and skin irritations.

In the case of McBride v. City of Detroit, senior city planner Susan McBride was awarded $100,000. The City of Detroit agreed to revise its ADA handbook and training, and to post notices about the fragrance-free policy. McBride suffered from Multiple Chemical Sensitivity (MCS) and her employer failed to recognise this as an ADA issue.

MCS is a controversial diagnosis. While medical experts agree that individuals with MCS suffer severe, often debilitating pain, not all agree that chemicals are the cause. However, employers still need to make accommodations for employees who are diagnosed with MCS.

Not every employee with an allergy to fragrance is entitled to an accommodation. For a condition to be considered a disability, an employee must have a condition that substantially limits one or more major life activities.

There are various accommodation solutions to consider, but one that is becoming more common in the workplace is the implementation of a fragrance policy or notice requesting that all employees refrain from wearing or using scented products.

Developing, implementing, and enforcing a fragrance policy should be handled in much the same way as any other employment policy. While a 100% fragrance-free environment may not be feasible, steps can be taken to limit overall exposure to fragrances at work.

Employers who wish to implement a fragrance policy should begin by banning the use of plug-ins, scented candles, and aerosol sprays in the workplace, and requesting that employees refrain from wearing scents.

The impact of fragrance on health

Fragrances are found in many products, including perfumes, colognes, air fresheners, soaps, shampoos, deodorants, laundry detergents, dryer sheets, bug sprays, and e-cigarettes. They contain volatile organic compounds (VOCs) that can irritate and disrupt our airways and have other negative health effects.

Short-term health effects of fragrances:

• Allergic or inflammatory responses such as itchy/watery eyes, congestion, a runny nose, throat irritation, coughing, or wheezing.
• For people with lung disease, particularly asthma or chronic obstructive pulmonary disease (COPD), there can be wheezing, shortness of breath, or other underlying symptoms.
• Changes in heart rate or blood pressure.

Long-term health effects of fragrances:

• Difficulty breathing.
• Changes in cardiac function, specifically in the heart's ability to pump.
• Disruption to the endocrine system, which regulates hormones.
• Increases in glucose levels, similar to those in people with type two diabetes, a risk that can be passed from pregnant women to offspring.
• Based on early research, possible exacerbation of dementia.
• Certain cancers, with high, prolonged, continuous exposure to some compounds.

People who work in environments where they are continuously exposed to fragrances, such as the cleaning industry, cosmetics industry, or agriculture industry, are at the highest risk. Additionally, those with allergies, sensitivities, or pre-existing conditions like asthma or COPD are more vulnerable to the adverse effects of fragrances.

To reduce exposure to VOCs in fragrances, one can wear a mask, reduce time spent in fragranced environments, increase ventilation, and use unscented products. It is important to note that "natural," "organic," and biodegradable products might not be unscented and often contain similar fragrance compounds as other products.

The legal perspective

Firstly, it is important to recognize that employers have a general duty of care to provide a safe and healthy work environment for their employees. This includes addressing issues that may affect the health and well-being of their workforce, such as exposure to certain chemicals and irritants. Fragrances, including perfumes, colognes, and scented products, often contain chemicals that can trigger allergies, asthma, migraines, and other health issues in sensitive individuals. As such, employers may be justified in implementing fragrance-free policies or guidelines to protect the health and safety of their employees.

However, the enforcement of fragrance-free policies can be challenging due to the ubiquitous presence of scented products in our daily lives. Fragrances are found not only in perfumes and colognes but also in toiletries, cosmetics, air fresheners, cleaning products, and even laundry detergents. Asking employees to refrain from using any scented products may be impractical and overly burdensome, especially when it comes to regulating their personal choices outside of the workplace.

In the United States, the Americans with Disabilities Act (ADA) plays a crucial role in shaping the legal perspective on this issue. The ADA requires employers to provide reasonable accommodations for employees with disabilities, including those with chemical sensitivities or fragrance allergies. A fragrance-free workplace may be considered a reasonable accommodation under the ADA to protect the health of employees with these conditions. However, it is important to note that the ADA also protects the rights of employees without disabilities, and courts have pointed out that accommodations cannot violate their rights, such as the right to wear fragrances.

In conclusion, while there may be no definitive legal answer to the question of whether government employees can wear fragrances, several key considerations come into play. Employers have a duty of care to provide a safe and healthy work environment, which may include addressing fragrance-related issues. However, the enforcement of fragrance-free policies can be challenging due to the pervasive nature of scented products in our daily lives. The ADA requires reasonable accommodations for employees with disabilities, including fragrance sensitivities, while also protecting the rights of employees without disabilities. Ultimately, each situation is unique, and employers must carefully assess the needs and rights of all employees to find a balanced solution.

Fragrance-free policies in the workplace

Implementing a fragrance-free policy can be a difficult task considering the large number of scent-producing items a person can find in the workplace. However, employers may have to provide reasonable accommodation for workers covered under the Americans with Disabilities Act (ADA).

> [EMPLOYER] expects that all offices and spaces used by the staff and their visitors remain free of scented products. Personal care products such as cologne, perfume, aftershave lotions, scented lotions, fragranced hair products and/or similar products are not to be worn in the facilities owned and operated by [EMPLOYER] including company-owned vehicles. Use of air fresheners and candles are prohibited from the facilities owned and operated by [EMPLOYER] including company-owned vehicles. Use of cleaning products other than those purchased by the [EMPLOYER or BUILDING MANAGEMENT] are prohibited for cleaning personal workspaces.

While a 100% fragrance-free environment may not be considered reasonable under the ADA, employers are not precluded from implementing fragrance policies or sending out memos to make people aware of the concept of being courteous to fellow co-workers.

Some people with Multiple Chemical Sensitivity (MCS) can experience a variety of reactions to fragrances, such as:

• Burning, stinging eyes
• Wheezing, breathlessness, nausea
• Extreme fatigue/lethargy
• Headache/migraine/vertigo/dizziness
• Poor memory and concentration
• Skin rashes and/or itching skin
• Sensitivity to light and noise
• Muscle and joint pain

The difficulty of enforcing fragrance-free policies

Fragrance-free policies are becoming more common in the workplace, especially considering the large number of scent-producing items a person can find in the workplace. However, enforcing these policies can be difficult.

The case for fragrance-free policies

Fragrance-free policies are important because certain scents can cause serious health issues for some people. For example, fragrances can cause coughing, difficulty breathing, migraines, nausea, confusion, anxiety, skin irritation, and more.

While fragrance-free policies are important, they can be difficult to enforce for several reasons:

• It is hard to create a "bubble" for employees to work in that is completely fragrance-free. Fragrances are found in many products beyond just perfume, such as shampoo, soap, deodorant, candles, cosmetics, detergents, and more. Asking employees to refrain from using scented versions of all of these items is a major undertaking.
• Fragrance-free policies may not solve the problem, especially if the offending chemical is unknown.
• These policies are difficult to enforce, particularly for workplaces with customers, vendors, or contractors.
• Removing common chemicals can remove things that others may find beneficial, leading to employee pushback and low morale.
• Fragrance-free policies may not solve the problem as there are chemicals in building construction materials, paint, and smells coming from outside.
• Fragrance-free policies are typically not required, even when trying to accommodate an employee who has fragrance or chemical sensitivities.

Given these difficulties, many employers ask employees to voluntarily limit or eliminate the use of fragrances. This can show that steps are being taken, and may help the situation without negatively impacting morale.

Other accommodations

There are a number of other possible accommodations that can be made for employees with fragrance or chemical sensitivities, including:

• Allowing them to work from home
• Separating their workspaces and changing the airflow with fans or vents
• Installing air purifiers
• Allowing additional breaks so they can get out of the workspace

Frequently asked questions