Office Odour Causes Workers Compensation Claim

A worker’s incapacitating condition was triggered by strong odours in the workplace, a worker’s compensation tribunal has found. A female employee complained about headaches and nausea shortly after starting work in the new Centrelink office in Devonport, Tasmania. Her symptoms then escalated to shakiness, watery eyes, runny nose, and shortness of breath.

Her employer, Centrelink, tested the premises included the carpet tiles, glues and concrete after other workers and visitors also complained about the odours. Some experienced similar symptoms. The testing confirmed vapour emissions, but they were not at harmful levels.

The AAT Tribunal accepted she genuinely feared for her health and was entitled to workers compensation for medical and like costs, but not entitled to a lump sum payment for permanent injury, as they concluded she would have some capacity to work after suitable treatment.

As always, workers compensation cases are complex and rely on many local circumstances, but this case does highlight the need for employers to consider unpleasant environmental conditions. Whilst the work environment may not necessarily be toxic, the odours will cause complaints and if significant and not managed correctly can cause growing concern and even debilitating psychological conditions.

Tip: If you would not accept the odour in your own home, then it is not acceptable in the office.