A brief overview of MCS... Disabilities Act (ADA)...

[Guest guest]

A brief overview of MCS... Disabilities Act (ADA)...

Both the U.S. Dept. of Housing and Urban Development

and the Social Security Administration have recognized

MSC as a disability

A brief overview of MCS as it relates to the immune

system and the inflammation and tissue damage that can

arise from chronic immune activation caused by

chemical exposure follows:

" Multiple Chemical Sensitivities and the Immune

System " * by J. Meggs, M.D., Ph.D. an invited

presentation at the workshop on Multiple Chemical

Sensitivities sponsored by the Association of

Occupational and Environmental Clinics , Washington

DC, Sept. 19-20, 1991. Dr. Meggs served four years as

a fellow in clinical research at the National

Institute of Health and recently served as an invited

member of the National Academy of Sciences

Subcommittee on Immunotoxicology which just completed

their publication, Biologic Markers in

Immunotoxicology. Dr. Meggs is currently conducting

research into chemical sensitivities and indoor air

exposures and practices at the Division of Clinical

Toxicology, Dept. Of Emergency Medicine, East Carolina

University School of Medicine, Greenville, North

Carolina.

Dr. Meggs provides an excellent description of the

observed stages of chemically induced illness

described as the " Hypothetical Chemical Stress

Syndrome " .

STAGE ZERO -- TOLERANCE: is what it appears to be, the

ability of a person to tolerate their chemical

environment.

STAGE ONE -- SENSITIZATION: or the irritant phase,

" occurs when an individual is chemically stressed

either by an acute high-dose chemical exposure, or by

a chronic insidious exposure. Individuals in Stage 1

have symptoms on exposure to chemicals, but no

physical findings on physical examination. " Symptoms

may include joint pain, muscle pain, headache,

fatigue, flushing, pruritis, nausea, et al.

STAGE TWO -- INFLAMMATION: is when the chemical

exposure has led to tissue inflammation, such as

arthritis, vasculitis, some types of dermatitis,

colitis, myositis, non-allergic asthma, multiple

sclerosis and rhinitis. " It is at this stage that both

findings in physical examination appear and a medical

diagnosis can be given... The progression from Stage 1

to Stage 2 again follows increasing chemical

exposures, and if tissue damage has not occurred, the

inflammation can be reversed by removal of the

chemical stimuli. " When a person is in stage 2, the

symptoms can be controlled through various medications

if a person is not sensitive to those medications.

However, one needs to exercise caution because the

medications are not a cure for chemical exposure, but

rather can mask the root cause of the symptoms,

allowing further subtle cell damage to occur if the

chemicals are not avoided: " That is, progression

between Stages 1 and 2 is a two-way process, with

regression from Stage 2 to Stage 1 being possible if

chemicals are avoided. The inflammation of Stage 2 can

be reduced by medications such as corticosteroids and

the non-steroidal anti-inflammatory agents, but these

agents are not a curative. If the chemical stimuli are

not removed, there is immediate relapse of

inflammation with discontinuation of anti-inflammatory

medications. Further, these medications do not prevent

the progression from Stage 2 to Stage 3. "

STAGE THREE -- TISSUE AND ORGAN DETERIORATION: is when

chronic inflammation caused by chemical exposure has

finally led to tissue damage such as nerve damage,

kidney damage, liver damage, lung damage, autoimmune

damage, etc. This stage is irreversible:

" Unfortunately, once tissue is damaged there is little

hope in current medical practice for reversal, and

organ function is lost. " This doesn't mean it's time

to throw in the towel. It is a point where patients

need to carefully reevaluate their situation and

further examine their environment for possible

contributing factors. They then need to adjust by

making the necessary lifestyle changes to try to

prevent sill worse damage from occurring. It is

important to note here that individuals can pass

throughout these apparent stages without ever having

developed MCS, or even without making a mental

connection to chronic chemical exposure in their

environment.

MCS becomes debilitating for most of the individuals

who eventually progress to stages two and three.

Although MCS is very controversial both the U.S. Dept.

of Housing and Urban Development and the Social

Security Administration have recognized MSC as a

disability. Many state agencies will help individuals

with MCS by providing assistance with homemakers,

counselors and many other very important services.

Individuals with MCS have won Workers' Compensation

cases. A human rights lawsuit in Pennsylvania

established the right of an individual with MCS to

safe living space in subsidized housing. Both the

land State Legislature and New Jersey State Dept.

of Health have officially commissioned studies of MCS.

The NJ study provides an excellent overview of medical

and legal issues related to MCS.

One of the most important law right now for

individuals suffering with MCS is The Americans with

Disabilities Act (ADA). The ADA prohibits

discrimination on the basis of disability in

employment, programs and services provided by state

and local governments, goods and services provided by

private companies, and in commercial facilities.

The ADA was signed into law on July 26, 1990. It

contains requirements for new construction, for

alterations or renovations to building and facilities,

and for improving access to existing facilities of

private companies providing goods or services to the

public. It also requires that state and local

governments provide access to programs offered to the

public. The ADA also covers effective communication

with people with disabilities, eligibility criteria

that may restrict or prevent access, and requires

reasonable modifications of policies and practices

that my be discriminatory.

The ADA gives the U.S. Dept. of Justice authority to

issue regulations for title II and III of the ADA and

to provide technical assistance and enforcement. The

Department also has the authority to certify that a

state or local accessibility code is equivalent to the

ADA's requirements for new construction and

alterations.

Title III is very important to individuals with MCS.

It states that (a) General. A public accommodation

shall make reasonable modifications in policies,

practices, or procedures, when the modifications are

necessary to afford goods, services, facilities,

privileges, advantages, or accommodations to

individuals with disabilities, unless the public

accommodation can demonstrate that making the

modifications would fundamentally alter the nature of

the goods, services, facilities, privileges,

advantages, or accommodations. 36.201 General. (a)

Prohibition of discrimination. No individual shall be

discriminated against on the basis of disability in

the full and equal enjoyment of goods, services,

facilities, privileges, advantages, or accommodations

of any place of public accommodation by any private

entity who owns, leases (or leases to), or operates a

place of public accommodation.

If you feel that you were not treated fairly or you

were still discriminated against even after you asked

for accommodation due to your disability you may

decide to file a formal complaint with the Dept. of

Justice. The ADA laws will make life easier for you

once you understand your rights as a disabled

citizen.'