[Congressional Record Volume 144, Number 147 (Thursday, October 15, 1998)]
[Extensions of Remarks]
[Pages E2187-E2189]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                MULTIPLE CHEMICAL SENSITIVITY DISORDERS

                                 ______
                                 

                          HON. BERNARD SANDERS

                               of vermont

                    in the house of representatives

                       Thursday, October 15, 1998

  Mr. SANDERS. Mr. Speaker, I rise today to discuss the issue of 
Multiple Chemical Sensitivity as it relates to both our civilian 
population and our Gulf War veterans. I continue the submission for the 
Record the latest ``Recognition of Multiple Chemical Sensitivity'' 
newsletter which lists the U.S. federal, state and local government 
authorities, U.S. federal and state courts, U.S. workers' compensation 
boards, and independent organizations that have adopted policies, made 
statements, and/or published documents recognizing Multiple Chemical 
Sensitivity disorders for the benefit of my colleagues.

  Governors of Connecticut, Missouri, New Mexico, North Carolina and 
                               Washington

       In (independently) adopting resolutions declaring May 11-17 
     (July 13-17 in Washington) as MCS Awareness Week. In 
     Washington, the governor issued a second proclamation after 
     rescinding the first on the advice of his General Counsel, 
     just 8 days after it was adopted with approval of the state 
     toxicologist [1998, 7 pages including both Washington 
     versions, R-178].


                       Maryland State Legislature

       In Senate Joint Resolution No. 32 directing the Maryland 
     Department of the Environment (MDE) to carry out a study of 
     Chemical Hypersensitivity Syndrome [1988, 3 pages, R-40]. The 
     MDE commissioned a state-of-the-art review from Rebecca 
     Bascom, M.D., entitled ``Chemical Hypersensitivity Syndrome 
     Study'' [1989, 132 pages, R-41].


Massachusetts Operational Services Division, Environmentally Preferable 
                      Product Procurement Program

       In its final bid document for the procurement of 
     Environmentally Preferable Cleaning Products by state 
     agencies for use in state facilities, which ``will not 
     replace the cleaning products already on contract; they will 
     be offered as alternatives.'' The product specifications 
     developed by the Massachusetts Executive Office of 
     Environmental Affairs, Office of Technical Assistance, 
     include ``desirable'' (as distinct from ``mandatory'') 
     criteria that products contain as few volatile organic 
     compounds (VOCs) as possible and not contain any added dyes 
     or fragrances. These are justified in Appendix N of the bid 
     document on the grounds that ``A lower VOC content . . . is 
     especially important for sensitive individuals'' and ``The 
     Commonwealth recognizes that many sensitive individuals 
     prefer cleaning products without added dyes and fragrances.'' 
     [1998, 30 page excerpt including Appendix N, R-181]

[[Page E2188]]

       Missouri Department of Social Services, Division of Aging

       In a detailed response to a request from Dr. Grace Ziem for 
     workplace accommodation of an employee with MCS, the agency 
     agreed to (among other things): make changes in the work 
     schedule; provide a private work area with floor to ceiling 
     walls; provide multiple carbon-fiber air filtration machines; 
     conduct staff education on MCS; adopt and post voluntary 
     fragrance free policy governing all employees; request 
     maintenance staff use cleaning products only from an approved 
     list; and clean the carpet. [3 pages, 1 April 1996, plus 1 of 
     follow-up, R-98]


                    New Jersey Department of Health

       In a comprehensive review of chemical sensitivity with 
     recommendations for state action commissioned from Nicholas 
     Ashford, Ph.D., J.D., and Claudia Miller, M.D., entitled 
     ``Chemical sensitivity: a report to the New Jersey Department 
     of Health'' [1989, 176 pages, R-45].


         New Mexico Department of Education, School Health Unit

       In a brochure on ``Multiple Chemical Sensitivities'' 
     describing the illness and nine ``steps schools can take to 
     promote environmental safety.'' Also lists resource persons 
     and materials [1997 (undated), 2 pages, R-139].


 New Mexico Department of Energy, Minerals & Natural Resources, State 
                       Park & Recreation Division

       In a letter from the director outlining steps the division 
     is taking to reduce barriers to access for individuals with 
     EI/MCS [10 January 1994, 1 page, R-46]. These include 
     prohibiting smoking in restrooms, temporarily discontinuing 
     the use of certain cleaning and disinfectant chemicals upon 
     special request of EI/MCS individuals, and switching to least 
     toxic/allergenic cleaning and pesticide products.


  New Mexico Department of Health, Community Health Systems Division, 
                   Emergency Medical Services Bureau

       In an editorial from Barak Wolff, MHP, chief of the EMS 
     Bureau, entitled `` `Scared to Death' of Having to call 911'' 
     and an accompanying article by Dr. Ann McCampbell entitled 
     ``First . . . Do No Harm: The Challenge of Patients with 
     Multiple Chemical Sensitivities,'' both published in the 
     state's Focus on Emergency Medical Services newsletter [Vol. 
     15, No. 3, October 1996, 4 pages, R-117]. The editorial and 
     article discuss the need for emergency service personnel to 
     accommodate people with MCS and they make several specific 
     recommendations for 911 operators, emergency responders and 
     hospital staff.


     New Mexico Governor's Committee on Concerns of the Handicapped

       In sponsoring and financing a day-long ``Town Hall Meeting 
     on Multiple Chemical Sensitivities'' on 24 June 1996 with the 
     full support of the governor, despite his earlier veto of a 
     legislative proposal for additional funding (see next entry). 
     Described as ``A public forum to discuss the problems faced 
     by chemically sensitive New Mexicans and to propose state 
     level solutions,'' this was the first state-wide effort to 
     bring together a panel of representatives from state agencies 
     to ``hear from persons with MCS and other interested parties 
     on the issues of Housing, Employment, Health Care, 
     Pesticides, Schools, and Access to State Facilities and 
     Services.'' [Brochure, program and detailed fragrance free 
     policy, 24 June 1996, 3 pages, R-96]. Based on the testimony 
     received at the Town Meeting, the Governor's Committee then 
     issued a ``Report to the Legislature on Multiple Chemical 
     Sensitivity,'' including a ``Suggested Public Meeting Policy 
     on Accessibility for Persons with Multiple Chemical 
     Sensitivity [27 August 1996, 8 pages, R-104]. The report 
     recommends six actions ``be taken now,'' including funding 
     the state Office of Epidemiology to study the prevalence of 
     MCS within the general population''; directing all hospitals 
     to ``establish written protocols for providing barrier free 
     environments for the use of persons with MCS admitted for any 
     reason''; directing all ADA coordinators of public facilities 
     in New Mexico to adopt public meeting policies ``to allow 
     attendance by persons affected by MCS''; creating an ``MCS 
     information and assistance'' program within State government 
     to ``provide ADA coordinators, housing officials, hospitals 
     and other decision makers with the most complete and up-to-
     date information on MCS as well as . . . providing individual 
     assistance to affected persons via an ``800'' telephone 
     number''; and ``conducting a study of the housing needs of 
     persons affected with MCS.''


                      New Mexico State Legislature

       In a ``Joint Memorial Requesting the Governor's Committee 
     on Concerns of the Handicapped to Study Issues Related to 
     Multiple Chemical Sensitivities.'' The resolution specifies 
     that the study focus on ``issues of health care, insurance, 
     public benefits and services, access to government, legal 
     services and environmental regulation'' [Senate Joint 
     Memorial 10-House Memorial 6, Second Session, 1996, 3 pages, 
     R-91]. A follow-up amendment to the General Appropriation Act 
     of 1996 requesting $50,000 in funding for this ``Memorial'' 
     also was passed by the legislature (House Bill 2 on 15 
     February 1996) but then vetoed by the governor on 4 March 
     1996.


                  New York State Department of Health

       In a $100,000 grant given to the Mt. Sinai Occupational 
     Health Clinic for MCS research, part of a larger annual grant 
     to the clinic in 1993 [4 page excerpt, R-47]. The report, 
     including a review of MCS cases seen at eight occupational 
     clinics in New York State, originally was supposed to be 
     completed in late 1994 but is now expected in 1997.


                  Pennsylvania Human Rights Commission

       In a decision (upheld on appeal to the Commonwealth Court 
     of Pennsylvania) finding that a landlord must make reasonable 
     accommodation for a tenant who suffers from MCS, including 
     giving tenant prior notification of painting and pest 
     treatments (see Recognition of MCS by State Courts, below, 
     for reference).


                    Washington State Board of Health

       In its 1994 Washington State Public Health Report, which 
     says ``Several hundred Washington residents have reported a 
     condition diagnosed by some physicians as Multiple Chemical 
     Sensitivity'' and goes on to discuss common MCS symptoms and 
     sensitivities. [December 1993, 3 page excerpt, R-55].


     Washington State Departments of Health and Labor & Industries

       In the joint ``Final Inter-Agency Report on Chemically 
     Related Illness'' issued by the Secretary of the Department 
     of Health and the Director of the Department of Labor and 
     Industries, which acknowledges that ``MCS has become a focus 
     of increasing public health concern in Washington state and 
     elsewhere,'' cites the 1987 Cullen definition, and says 
     ``Public agencies are increasingly recognizing a need to 
     address the public health aspects of the MCS syndrome, 
     without necessarily waiting for conclusive answers from 
     scientific research'' [June 1995, 5 page excerpt including 
     table of contents, R-54].


     Washington State Chemically Related Illness Advisory Committee

       In its final report, in an appendix devoted to MCS, the 
     committee says MCS is ``characterized as a condition in which 
     individuals experience symptoms following exposures at low 
     levels to multiple chemical substances. It is a chronic 
     condition that is reproducible with challenge, and which 
     resolves when incitants are removed'' [June 1995, 3 page 
     excerpt, R-95]. The committee included representatives of 
     state government, affected business and labor organizations, 
     the medical community, and MCS patients. Its final report 
     also is included as an appendix in the Washington State Final 
     Inter-agency Report on Chemically Related Illness (see entry 
     above).


    Washington State Governor's Committee on Disability Issues and 
                               Employment

       In a booklet entitled ``Reasonable Accommodation: A Guide 
     for Employers, Businesses and Persons with Disabilities,'' 
     signed by the governor and the commissioner of the State's 
     Employment Security Department, which discusses MCS/EI in 
     detail in a section on ``Reasonable Accommodation for Persons 
     with Hidden Disabilities'' [March 1992, 34 pages, R-53].

            Recognition of MCS by 14 U.S. Local Authorities


   Berkeley (CA) Department of Public Works, Commission on Disability

       In voting on 30 April 1996 to require a statement about 
     ``odor sensitivity'' in all City-sponsored event and meeting 
     notices, followed by a memo from the City Manager on 8 August 
     1996 urging ``staff who attend meetings to assist the City in 
     accommodating the needs of persons with sensitivities and to 
     respect those needs in their own use of personal products,'' 
     and finalized on 13 November 1996 with the adoption of 
     detailed ``Procedures to Implement Clean Air Practices for 
     Meetings'' for use by city and commission staff [6-page memo 
     from Commission on Disability to the Mayor and City Council, 
     14 January 1996, R-111].


                     Chicago (IL) Transit Authority

       In its Paratransit Operations Newsletter, people with 
     disabilities who use the Chicago Transit Authority's Special 
     Services and Chicago Taxi Access Program are asked to 
     ``assist people with EI by practicing the following 
     suggestions: Keep scented personal care products to a 
     minimum; Never smoke in a Special Services vehicle and 
     refrain from smoking near the vehicle; [and] If possible, 
     please accommodate an EI person's request to sit by an open 
     window in a Special Services vehicle if it doesn't 
     inconvenience other customers who may be sensitive to hot or 
     cold air.'' [6th edition, Winter 1995, 2 page excerpt, R-36].


         Contra Costa (CA) MediCal Advisory Planning Commission

       In all public meeting announcements, which include the 
     following notice: ``Please help us accommodate individuals 
     with EI/MCS and refrain from wearing scented products to this 
     hearing'' [1994, 1 page excerpt, R-37].


                   Fairfax County (VA) Public Schools

       In a detailed 7-page report from the Director of the Office 
     of Human Relations to Dr. Grace Ziem documenting the 
     accommodations that the school system was willing to provide 
     for a teacher with MCS, including changes in her school 
     assignment and the elimination or control of a wide variety 
     of aggravating exposures, from the art clay used in her 
     classroom to custodial use of cleaning fluids, pesticides, 
     carpets, air fresheners, paints, glues, adhesives & other 
     remodeling materials. They even offered to

[[Page E2189]]

     provide a special parking space to limit her exposure to 
     vehicle exhaust. [26 April 1996, 7 pages, R-97]


                   Jefferson City (MO) Public schools

       In an accommodation plan provided under Section 504 of the 
     Rehabilitation Act of 1973, adopted for a 6th grade student 
     with MCS asthma and allergies, specifying that (a) 
     ``classmates will be solicited for cooperation in providing a 
     scent-free environment,'' (b) student ``will be allowed to 
     self-limit activities that involve running or other strenuous 
     exercise,'' and (c) if student misses more than two days in a 
     row, ``she can request after school help from her teachers to 
     review missing work'' [1996, 1 page, R-138]. List of 
     reasonable accommodations upheld upon review in 1997 [15 
     August 1997, 1 page, R-153]. On 19 November 1997, the school 
     basketball supervisor wrote the Central Missouri Officials 
     Association asking coaches, players and officials to refrain 
     from wearing perfumes and colognes to games at which this 
     student would be playing [1 page, R-171]


       Minneapolis Advisory Committee on People With Disabilities

       In a letter to the Minneapolis Public Housing Authority 
     (see below) about the ``expressed need for proper living 
     conditions for people with Environmental Sensitivities'' 
     [1994, 2 pages, R-42]


                   Minneapolis Housing Finance Agency

       In awarding a $6,500 grant from its Capacity Building Grant 
     Program to Twin Cities HEAL to establish an office to better 
     serve the needs of those seeking MCS-accessible housing in 
     the Minneapolis-St. Paul Metro Area [1993, 2 pages, R-43]


                  Minneapolis Public housing Authority

       In letters to Twin Cities HEAL and the U.S. Department of 
     Housing and Urban Development expressing ``an interest in 
     working with HEAL to assist in the development of suitable 
     housing for persons with chemical sensitivity disabilities'' 
     [1994, 3 pages, R-44].


Northwest Air Pollution Authority (Island, Skagit and Whatcom Counties, 
                                  WA)

       In a ``Dear Resident'' letter from Terry Nyman, Air 
     Pollution Control Officer, to neighbors of ``an individual 
     with a disabling condition related to chemical sensitivities 
     [who] has moved into your area. This individual is extremely 
     sensitive to smoke and a health care provider has requested 
     that we send you information about outdoor burning, heating 
     with wood and the health impacts of breathing wood smoke.'' 
     [21 September 1996, 1 page, R-105]. The letter notes that the 
     NWAPA is empowered to enforce under the WA State Clean Air 
     Act ``to secure and maintain levels of air quality that 
     protect human health and safety, including the most sensitive 
     members of the population'' (RCW 70.94.011, italics in the 
     original) and says ``We want you to be aware of this 
     situation and ask that you read the enclosed literature to 
     see if you can minimize potential smoke impacts caused by 
     these activities.''


                       Oakland (CA) City Council

       In the City's ``Access Policy for People with Environmental 
     Illness/Multiple Chemical Sensitivity'' which requires city 
     departments to ``make reasonable efforts to accommodate 
     persons with EI/MCS'' in city programs, activities and 
     services. [Administrative Instruction #138, 1995, 9 pages, R-
     48].


                       Santa Fe (NM) City Council

       In resolution E#1998-35 ``Adopting a moratorium on the use 
     of herbicides, rodenticides and insecticides on City of Santa 
     Fe property until such time that an ordinance is adopted to 
     regulate the use of such chemical pesticides.'' The 
     resolution notes that exposure to pesticides ``can cause very 
     severe symptoms and prolonged relapses in chemical or 
     pesticide sensitive people, which the New Mexico Department 
     of Health estimates to be seventeen percent of all New 
     Mexicans'' [27 May 1998, 4 pages, R-176].


                San Francisco (CA) Board of Supervisors

       In a resolution requesting citizens attending public 
     meetings ``to refrain from wearing perfume or other scented 
     products to allow individuals with environmental illness and 
     MCS to attend'' [1993]. Although the formal resolution was 
     subsequently rescinded under pressure from industry 
     opponents, the following notice is still included in all 
     published announcements of public meetings as required by 
     Chapter 66 of the City's Sunshine Ordinance: ``In order to 
     assist the City's efforts to accommodate persons with severe 
     allergies, environmental illnesses, MCS or related 
     disabilities, attendees at public meetings are reminded that 
     other attendees may be sensitive to various chemical based 
     products. Please help the City to accommodate these 
     individuals'' [Section 66.15(d), as amended 2 August 1993, 2 
     pages, R-49].


                     Santa Clara (CA) City Council

       In the city's ``Public Services Self-Evaluation/Transition 
     Plan'' (required by the Americans with Disabilities Act), 
     which includes several provisions for accommodating 
     individuals with ``MCS, also known as environmental illness, 
     resulting from acute or chronic chemical exposure'' [1993, 6 
     pages, R-50]. The comprehensive plan requires ``whenever 
     possible, purchase and use of less toxic, hypoallergenic and 
     non-fragrance materials''; reasonable accommodations for 
     ``employees and persons doing business with the City [who] 
     may have this illness''; and the posting of notices at 
     entrances to public buildings warning of ``construction, 
     remodeling or toxic cleaning activities.'' The City also 
     includes a notice in all City Council agendas and other 
     public program notices, stating that ``Individuals with 
     severe allergies, environmental illness, multiple chemical 
     sensitivity or related disabilities should contact the City's 
     DA office at (408) 984-3000 to discuss meeting accessibility. 
     In order to allow participation by such individuals, please 
     do not wear scented products to meetings at City facilities'' 
     as revised by the Santa Clara's ADA Committee [March 1994, 6 
     pages, R-51].


                      Santa Cruz (CA) City Council

       In a resolution of the City Council (#NS21,285) 
     establishing a Self-Evaluation and Transition Plan (as 
     required by the Americans with Disabilities Act). The 
     comprehensive plan includes provisions requiring ``smoke and 
     fragrance-free environments for public meetings, the 
     elimination of chemical air fresheners/fragrance emission 
     devices'' in all city-owned and managed restrooms and 
     workstations, the use wherever possible of the least toxic 
     maintenance products and application methods in public 
     buildings, and signage warning of the use of hazardous 
     materials in public areas [1993, 6 pages, R-52].

     

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