Windows or Air Conditioning

sunshine state · March 2004

I am HR working for a non-profit company in Fl. In our small office we have 12 girls. One of the 12 has allergies and is on medication. The temp is 70-80 outside. Most of the staff like the windows open at this time of year. The one person who has allergies complains that the pollen is affecting her condition. Oak is very high this time of year. Her doctor recommeds she not have the windows open but we do need the air. My question is if I say that the windows should be open this could cause her to have a comp case if she gets sick, right. The boss and the secretary do not like the air on they would keep it 85 in the office if they could. Any one have any ideas as to what to say to the boss and is there any rules WC or ADA that would cover this. Thanks

Rockie · March 2004

As someone who suffers from allergies (and excessive heat), I can sympathize with this person. Instead of opening windows, you may want to get a couple of fans to circulate air until it't time to put the air on. 85 degrees is way too hot for an office environment for most people. I'd say somewhere between 70-75 would suit the majority. If someone is cold at 75 degrees, they need to take their pulse (or put on a sweater).

This is an age old problem and often a battle royal in offices where a lot of people have to work in the same environment.

Crout · March 2004

In answer to your question....no...I don't believe that this is a Worker's Comp issue and certainly not ADA. In theory, your EE could try to make a claim for WC, and then it's up to your carrier to either approve or not. In my experience, there's no way WC would approve such a claim. Just because an EE shows up with a doctor's note for whatever does not mean that he/she now controls the work environment. As I have stated so often in the past, you can get a doctor to give you a note for just about anything. For the record, I think 80 in Florida is a bit excessive in an office. What about your IS equipment? Doesn't your boss know that the life of that equipment will be shortened considerably if the office isn't climate controlled? One question: "12 girls?" Are they all like 16 or 17? And why is their gender important to the question? Just curious.

sunshine state · March 2004

Just to let you know that there are not men complaining. I have been in this position for 4 yrs. and prior I worked with 90 men and 15 women and we did not have the problems I have here. I just am looking for some sort of ruling that I can give to either party. I know this is like office politics and I am in the middle.

SMace · March 2004

I suffer from terrible allergies, so I can sympathize. I do take medication to control it so opening windows does not bother me. I do not see this as and ADA issue. Generally if a condition can be treated and controlled it will not rise to ADA coverage. WC depends on your state laws and I would suggest calling your comp carrier and discussing the potential if you allow the windows to remain open. I would comply with her seemingly legitimate request and keep the windows closed. The rest of the staff can go outside and get fresh air during their breaks. It sounds like the real problem is your boss. They should make the office comfortable with interior climate control.

By the way, using the term "girls" for women or ladies is unprofessional. Do you call the men in the office "boys"?

I would tell the boss if they want to solve the issue they can turn on the air. That way everyone is happy except the boss. (oops, you will make his secretary mad, but I'm sure she gets her way most of the time so one time will not hurt) That is the way good bosses act. They think about their employees first and themselves second. So your boss has their choice, alienate the ee with allergies and her supporters, alienate the window people or do what is right and put on the air, wear a sweater and alienate no one.

You could print this out and show it to him and that way it will not be coming from you. You sound genuinely interested in fostering a good work environment and your boss should respect that.

I bet you a case of oranges your boss is a man.

sunshine state · March 2004

wrong a woman. I think I will give this to her.

SMace · March 2004

I'm sure you don't want NC oranges do you? How about some apples? Good luck and let us know how it turns out. You may want to wait for some more responses before you give it to her. I'm just one opinion out of many and I know there are still some good one's out there.

blw · March 2004

[font size="1" color="#FF0000"]LAST EDITED ON 03-09-04 AT 03:09PM (CST)[/font][br][br]I doubt it would be a comp claim. We had an employee strongly reacting to the NCR carbon paper of our timesheets. A claim was submitted and denied. Explanation was that routine allergies - not specific to the workplace - aren't considered job related. i.e. she would have the same allergies elsewhere, so it isn't job related. Good luck finding a solution.

sunshine state · March 2004

I want to thank everyone for their help. I checked with our WC carrier and their lawyer and to let you all know. Since rules have changed this past fall, it is not as profitable for lawyers to pursue this type of case. Also the fact that no one else complained or had a problem also helps. The ee is exposed to allergies just by walking out-of-doors. I explained to the ee that I had talked with WC and that it was not a comp case. She then stated that the doctor informed her that it was grounds and I said that If she wants to pursue it that was fine but she did not have a case. She back out. Case closed. Thanks for the help.

Windows or Air Conditioning

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