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PostPosted: Sun Sep 16, 2007 5:22 pm 
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Joined: Tue Nov 07, 2006 6:40 am
Posts: 50
Location: Victoria
What are the laws in BC to protect an anaphylactic employee?

Can it be suggested that an employee is not healthy enough to be at work because they require precautions put in place due to anaphylaxis?

What does Work Safe BC say about an employee's work environment and their safety as far as risk of anaphylaxis?

What about the Employment Standards Act? Isn't it an employees right to be safe at work? Is this where I would find information on this?

Isn't it a human right to be able to remain safe at work and in one's everyday environment and not be put at risk?

What kind of action can one take if they are deliberately put at risk by an employer? Can you seek legal action? Police charge? Etc?

Where would I go to find written facts, policies, etc in relation to these questions? I'm hoping for some fast answers although this is easier to hope than to find but appreciate any suggestions or advise you might have.

Thanks so much.


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PostPosted: Sun Sep 16, 2007 9:33 pm 
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Joined: Tue Mar 22, 2005 11:17 pm
Posts: 6476
Location: Ottawa
Michelle,
Here are some websites with basic information to get you started.
:)

http://www2.worksafebc.com/publications ... umber:3.12
Quote:
3.12 Procedure for refusal
(1) A person must not carry out or cause to be carried out any work process or operate or cause to be operated any tool, appliance or equipment if that person has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person.

read on, there is much more.

http://www2.worksafebc.com/Portals/Heal ... ergies.asp
Article dealing with an allergy that can be as a result of exposure through the work place.

http://www.ccohs.ca/oshanswers/about.html
Where to go to get more answers.

http://ccohs.ca/healthyworkplaces/
Quote:
There is a strong connection between the health and well being of people and their work environments. When people feel valued, respected and satisfied in their jobs and work in safe, healthy environments, they are more likely to be more productive and committed to their work. When the workplace is unsafe, stressful or unhealthy, ultimately both the organization and the employees are hurt. Everyone can benefit from a healthy workplace.


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Daughter: asthma, allergies to egg, milk, peanuts, tree nuts, most legumes (not soy) & penicillin. Developing hayfever type allergies.
Husband: no allergies
Me: allergies to some tree that flowers in May
Cat: allergic to beef, pork and lamb


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PostPosted: Mon Sep 17, 2007 2:38 pm 
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Joined: Tue Nov 07, 2006 6:40 am
Posts: 50
Location: Victoria
Thank you for the links. :)

There doesn't seem to be anything specific in relation to allergies. There are scent policies it seems but no anaphylaxis language.

Does anyone know if there have been any cases where legal action has been pursued where an anaphylactic individual was threatened (waving food in front of the individual) and continually and seemingly deliberately putting the person at risk? My questions are related to the work environment as likely assumed already by my questions above. Although I am wondering about outside of the work place as well as this has happened to my child years ago as well.

Thanks


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PostPosted: Mon Sep 17, 2007 7:42 pm 
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Joined: Tue Mar 22, 2005 6:53 pm
Posts: 1454
Location: Canada
I don't have any experience at all in this area, but what you're describing to me sounds like bullying in a school situation and like harrassment at work. It shouldn't be tolerated at all! Does your workplace have any policies on harrassment/bullying? Have you talked to your union/to management about this issue? I'm sorry to hear about this---sounds like a hostile work environment!


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PostPosted: Mon Sep 17, 2007 9:24 pm 
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Joined: Tue Mar 22, 2005 11:17 pm
Posts: 6476
Location: Ottawa
Quote:
What is workplace bullying?

Bullying is usually seen as acts or verbal comments that could 'mentally' hurt or isolate a person in the workplace. Sometimes, bullying can involve negative physical contact as well. Bullying usually involves repeated incidents or a pattern of behaviour that is intended to intimidate, offend, degrade or humiliate a particular person or group of people. It has also been described as the assertion of power through aggression.



http://www.ccohs.ca/oshanswers/psychoso ... lying.html

The only formal decison that I could find had to do with a case involving allergies to scents. She did not win because she did not prove her case.
http://www.lrb.bc.ca/decisions/B247$2004.pdf

You may do better to take the point of view that you have the right to refuse to do a job that is unsafe. If you have a joint occupational health and safety committee at you place of work join it or at least speak to your worker representative.
Keep track of situations were you do not feel safe and report them to you supervisor.
Document cases of bullying and report these as well.
Report them to the JOHSC and ask them to take action to keep your workplace safe.

_________________
Moderator
Daughter: asthma, allergies to egg, milk, peanuts, tree nuts, most legumes (not soy) & penicillin. Developing hayfever type allergies.
Husband: no allergies
Me: allergies to some tree that flowers in May
Cat: allergic to beef, pork and lamb


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PostPosted: Tue Feb 10, 2009 10:45 am 
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Joined: Tue Feb 03, 2009 12:28 pm
Posts: 1
Location: canada
I am new to all this allergy stuff...I have a serve allergy to nuts, tree nuts and seeds. I was diagnosed two years ago and the allergy has been getting more severe with every attack. My workplace has been asked by my doctors and specialist to minimize my risk at work, by not allowing me to work in my current environment (with the public)....but the insurance company that works for my company, doesn't believe there is a problem and continues to keep me in the same environment. I have recently had no options but to take an unpaid leave of absence. I am not sure what to do any more. I can't quit my job. I apparently am not allowed to supplement my income while I am off work, so work says. Anyone have any suggestions for me.


sorry for the long post...I appreciate any suggestions!


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PostPosted: Wed Apr 01, 2009 10:46 am 
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Joined: Tue Mar 22, 2005 11:17 pm
Posts: 6476
Location: Ottawa
I want to direct readers to a thread on allergies and environmental sensitivities and human rights for employees.
http://www.allergicliving.com/forum/vie ... 08c99cffd2

_________________
Moderator
Daughter: asthma, allergies to egg, milk, peanuts, tree nuts, most legumes (not soy) & penicillin. Developing hayfever type allergies.
Husband: no allergies
Me: allergies to some tree that flowers in May
Cat: allergic to beef, pork and lamb


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