Legal Question in Juvenile Dependency in Michigan

I work at a large company in Michigan. Unfortunately I have asthma and have had it most of my life so I know how to deal with it for the most part. I have been working for this company for a number of years . I recently transferred to another floor as this department offers the possibility to work from home once your case load is up. It usually takes about a year. I am on a floor where a few of the women wear very strong fragrance (perfume, lotion etc) like they are soaking in it. There are signs all over the floor about strong scents and not to wear them. There are other people at this company who also have asthma issues as well as on the floor that I am currently on. On my floor I seem to be having the most issues at present. I have been having this problem on going however this has gotten out of hand since the week of Thanksgiving. I have numerous asthma attacks due to this. I go into work feeling fine then I get set off by one of these fragrances. Last Friday I had another asthma attack. I used my inhalers and required oxygen. I went directly to the Dr' s office accompanied by my husband. The Dr was considering hospitalizing me. He stated I had a severe asthma attack.I am now off of work for a few weeks but I need to work and I don't want to have to use any of my vacation days d/t something that keeps happening. Does my work need to provide me a safe working environment or is it just my problem? I have talked to my Supervisor and Manager they say I have to identify who it is. I responded that when I have an attack I am not able to go walking around sniffing people. I do have the FMLA for asthma however it is unpaid days off and I cannot afford to use it that much. In fact I try not to use it much because it is unpaid. It seems like they just don't want to deal w/ it.

I am a good worker and have good work reviews. I don't know what to do anymore.

FYI: these are professional women in fact we are all Registered Nurses.


Asked on 1/24/10, 6:39 pm

2 Answers from Attorneys
Audra Arndt Audra A. Arndt & Associates, PLLC

It is not your job to identify the persons doing this, especially if you don't know. That is HR or the management's job. You definitely need to put your concerns into righting, as this is a serious issue. Even without the asthma, strong perfurm or cologne odors can give people headaches. I had a similar experience at an office job w/ a coworker wearing too much musky perfume or body oil, and it was gross. Management needs to address the issue even if they can't identify the persons wearing it immediately, such as by a global memo, reminder, etc., and then if a person can be identified, speak to that person specifically. Their response sounds like a cop out and an excuse not to deal with it, or take your concerns/complaints seriously.

You should not have to work in that environment, as it is definitely contributing to a serious and possible deadly condition that you have. If management does not take action on your complaints, you may be able to pursue legal action.

Again, put your concerns in writing, propose ideas such as an email reminder to all employees not to wear perfume, etc., and see what action management takes.

If you are terminated as a result of your complaints or because you have to take too much time off, then definitely contact a lawyer.

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Answered on 1/30/10, 2:15 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

This isn't even a "Juvenile Dependency" (i.e., delinquency)- type question. You should re-post the question in another area of law at lawguru.com, like "employment law", "environmental law", etc. because then you'll get answers by attorneys who say that they are knowledgable in that specialty.

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Answered on 2/01/10, 6:07 am


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