[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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