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Resources on Electromagnetic Sensitivity and Accommodations 

Jan 20, 2023

Resources on Electromagnetic Sensitivity and Accommodations 

U.S. Government Agency Recognition 

Social Security Administration: Letter- Electromagnetic Sensitivity Found to be a Severe Impairment by the Social Security Administration 2003 and 2020 

 

General Council Architectural and Transportation Barriers Compliance Board Need for Housing Electromagnetic Sensitive Disabled Letter

U.S. Access Board

In 2002, the “U.S. Access Board,” an independent federal agency responsible for publishing Accessibility Guidelines used by the U.S.=Department of Justice to enforce the Americans with Disabilities Act (“ADA”), recognized that “electromagnetic sensitivities may be considered disabilities under the ADA.” 

 

National Institute of Building Sciences Indoor Environmental Quality Report:  

2005 National Institute of Building Sciences (NIBS) Indoor Environmental Quality (IEQ) Report:  The U.S. Access Board contracted the National Institute of Building Sciences (NIBS) to examine how to accommodate the needs of the electro-sensitive in federally funded buildings. See IEQ Indoor Environmental Quality Project  

On p. 51-52: 

” Cell Phones Turned Off: Protect those with electromagnetic sensitivities and others who may be adversely affected by electrical equipment.”

“Ability to turn off or unplug computers and other electrical equipment by occupant or staff: Protect those with electromagnetic sensitivities.”

“People with electromagnetic sensitivities can experience debilitating reactions… from electromagnetic fields emitted by computers, cell phones, and other electrical equipment. The severity of sensitivities varies among people with electromagnetic sensitivities…According to the Americans with Disabilities Act (ADA) and other disability laws, public and commercial buildings are required to provide reasonable accommodations for those disabled by electromagnetic sensitivities. These accommodations are best achieved on a case-by-case basis”

 

The U.S. National Council on Disabilities Health Equity Framework for People with Disabilities. 

This policy framework embraces all categories of disability and includes electromagnetic hypersensitivity (EHS). 

NCD ‘s Health Equity Framework Page 10, Sub-Component 6 states: 

“Provide mandatory industry guidance, including recommended policies, training and best practices, to address the needs of people disabled by exposure to low level chemical, electromagnetic, and other environmental exposures that preclude access to care and treatment​ at medical, dental and at other providers’ offices, hospitals, surgical centers, and other healthcare and healthcare–related facilities, as a result of their use of chemical, fragranced and other scented products, and also as a result of the usage of wireless communications and electrical technologies and other sources of non-ionizing radiation, which may trigger disabling and life-threatening cardiac, respiratory, neurological, and other adverse physical reactions. (Requires administrative action through HHS Office of Civil Rights, and further research concerning this matter should be conducted by the FDA, NIH, HHS, and HUD.)

 

Job Accommodations Network 

Job Accommodations Network (JAN) funded by the U.S. Department of Labor’s Office of Disability Employment Policy (DOL/DEP) has issued a list of guidelines for accommodations of electromagnetic sensitivity (AKA microwave illness) and has posted the EMF Medical Conference as a resource. 

 

 

How JAN is referenced by US Government:

 

How to File ADA Accommodations  

USA: How To file a utility meter request for accommodation and the state complaint process.

This document is about how to file requests for accommodation with your utility and then, if you get no relief, how to file a complaint with your state civil rights/disability rights agency. A civil rights agency is a discrimination relief agency – relief from discrimination due to race, religion, disability, etc.. The discrimination you face is due to disability as a result of EMF emissions, or by EMF emissions worsening or threatening to worsen other conditions.

You do not have to be qualified as disabled by the Social Security Administration or any other disability organization. If the meters are making you sick, you are disabled by them. The Federal Access Board calls this being disabled by electromagnetic sensitivities (EMS) in their 97-page document dedicated to EMS and MCS disabled people

USA: How to File an ADA Accommodation by the Center for Electrosmog Prevention, 2019 

 

EHT HUD Guidelines packet December 2016 release

U.S. Dept of Education, Office of Civil Rights Guide to Section 504 

US Dept of Education, Office of Civil Rights updated guide to section 504 accommodations

This does not address electromagnetic sensitivities but explains what rights a parent has regarding accommodations for impairments and what is considered an impairment.  

 

Report Your Issue With Phones or Devices to the FDA

If you are getting symptoms from a cell phone or wireless device, one step people can take is to report an issue with a device to the FDA. Fill out the form at the FDA here. 

Diagnosis and Treatment 

 

CDC Implements International Classification of Diseases 

The Centers for Disease Control’s 2022 Classification of Diseases Codes Clinical Modification and Procedural Classification System implements the International Classification of Diseases, 10th Revision, Clinical Modification (ICD-10-CM). 

CDC webpage https://icd10cmtool.cdc.gov/?fy=FY2023&query=radiation

  • The ICD-10-CM  “diagnosis code” for Radiation Sickness” is “T66.” 
  • The ICD-10-CM “injury” code for “Exposure to Other Non Ionizing Radiation” is “W90.” These codes can cover electro-sensitivity along with other RF exposure-related injuries and maladies. 

 

EMF Medical Conference 2021

  • This conference was convened online in January 2021 and was attended by over 800 people from 30+ nations. Presentations made by internationally recognized scientists who have published in the field of bioelectromagnetics; by knowledgeable health practitioners who treat people for EMF associated illness and injuries; and, by healthy building engineers who test EMF exposures and mitigate hazards provide a high quality education and training experience. See the program schedule and the list of faculty members. 
  • The Conference is offering two CME/CE accredited courses designed for health practitioners until May 2023. In addition, they offer subscriptions to access VIMEO on Demand for viewing and sharing the entire Conference proceedings. 
  • EMF Medical Conference 2021

 

Clinical Practice Guidelines To Assess and Treat Patients.

Guidelines of the Austrian Medical Association for the diagnosis and treatment of EMF related health problems and illnesses (EMF syndrome) 

  • Erica Mallery-Blythe MD Working Draft: A Summary of EHS detailing science and legal issues related to electrical sensitivity.  
  • Belyaev, I., Dean, A., Eger, H., Hubmann, G., Jandrisovits, R., Kern, M., Kundi, M., Moshammer, H., Lercher, P., Müller, K., Oberfeld, G., Ohnsorge, P., Pelzmann, P., Scheingraber, C., & Thill, R. (2016). EUROPAEM EMF Guideline 2016 for the prevention, diagnosis and treatment of EMF-related health problems and illnesses. Reviews on Environmental Health, 31(3), 363–397. https://doi.org/10.1515/reveh-2016-0011
  • Microwave/Radiofrequency Radiation and Human Health: Clinical Management in the Digital Age by Devra Davis, Margaret E. Sears, Anthony B. Miller and Riina Bray. Chapter 10 in Integrative Environmental Medicine Edited by Aly Cohen and Frederick S. vom Saal Oxford Press Link 

 

Scientific Presentations

 

Additional Resources on How to Manage Symptoms

 

 

Peterborough Canada Information Sheet to Accommodate

Peterborough Canada has an information sheet to help organizations accommodate individuals who have electromagnetic hypersensitivity. They recommend – among other things:

  • Temporarily disable City owned WAP devices.
  • Turn off or minimize fluorescent and LED.
  • Notify attendees to set mobile phones to airplane mode.

 

Scientific Declarations

2015 Brussels International Scientific Declaration on Electromagnetic Hypersensitivity and Multiple Chemical Sensitivity. Download 

“We, physicians, acting in accordance with the Hippocratic Oath, we, scientists, acting in the name of scientific truth, we all, medical doctors and researchers working in different countries worldwide, hereby state in full independence of judgment,  

that a high and growing number of persons are suffering from EHS and MCS worldwide;  that EHS and MCS affect women, men and children; 

that on the basis of the presently available peer-reviewed scientific evidence of adverse health effects of electromagnetic fields (EMFs) and various chemicals, and on the basis of clinical and biological investigations of patients, EHS is associated with exposure to EMFs and MCS with chemical exposure…” 

 

Policy

USA Proclamations on Electromagnetic Sensitivity 

 

Pittsfield Massachusetts Board of Health Order Regarding Injury From Verizon Cell Tower

  • On April 6, 2022, the Pittsfield, Massachusetts Board of Health voted to send a cease and desist order to shut down a Verizon cell tower if Verizon does not respond with meaningful action regarding a cell tower. The Board took action after families living in the neighborhood of Shacktown near a Verizon cell  tower reported wireless radiation-related health issues soon after the tower became operational in 2020.  Seventeen people are reporting injuries linked to the radiation. After sending the Order, the situation became embroiled in a legal battle. 
  • Letter from Dr. Kulberg Board of Health in Support of MA Commission on Wireless Radiation regarding residents that became ill after the cell tower installation. 

 

Letters and Documents Regarding HUD Denying Assistance to People on EMFs

FYI, After consultation with OGC-Fair Housing, it has been decided that, at this time, FHEO will not accept, as jurisdictional, allegations dealing with Smart Meters, RF and/or EMF issues

 

Accommodations and Court Rulings 

 

United States

2021: A Los Angeles School District Teacher Can Move Forward With Wi-Fi Effects Lawsuit After A California Court Ruling That She Can Proceed With Her Case

  • In the majority opinion handed down in the case, Brown v. LAUSD (Appeal No. B294240), the Court of Appeal recognized that it doesn’t matter whether or not other courts in the United States have recognized “electromagnetic hypersensitivity” as a disability under the federal Americans with Disabilities Act (“ADA”) because JML Law’s client, Laurie Brown, has brought her case not under the ADA, but under FEHA, which is broader in scope. The Court of Appeal held that Brown sufficiently alleged that she suffered from a physical disability under the FEHA and that she sufficiently stated a cause of action for failure to accommodate, where she alleged that LAUSD refused to honor an accommodation which LAUSD had agreed to provide to Brown. The Court of Appeal stated that based on their reading of Brown’s First Amended Complaint, “LAUSD’s actions here do not align with those of an employer taking positive steps to accommodate the employee’s limitations.”
  • JML Law Wins Appeal in ‘Unprecedented’ Disability Case Against LAUSD For Failure to Accommodate Teacher With Electromagnetic Hypersensitivity

 

2014: US Resident Provided Accommodations in Housing Case Regarding “Smart” Water Meters: A resident provided a mechanical meter after filing in court and coming to an agreement with the water authority. In addition the neighbors of three adjacent properties also were provided free opt outs for the switch to mechanical meters. The legal filing  says that the Fair Housing Act prohibits discrimination based on disability. 

2014: Los Angeles Unified School District Accommodated a Teacher Who Fell Ill After Wireless Installation.

On September 18, 2014, LAUSD, the second largest public school district in the US, officially accommodated a teacher by approving her request to have the Wi-Fi turned off in her classroom during the 2014-2015 school year and alternatively approving a reassignment to a different school site where Wi-Fi has yet to be installed.

 

United Kingdom

Education Health Care Plan (EHCP) awarded for child on the basis of Electromagnetic Hypersensitivity (EHS) (2022). Parents have now won a 5 year legal battle against 2 local authorities to have their child accommodated in school for EHS. They won in the Upper Tribunal, thus the ruling is also precedent setting. We believe this is the first case in the world where a government body is legally mandated to make low EMF educational provisions to accommodate a child with EHS

Early ill-health retirement’ and ‘Employment Support Allowance’ awarded on the basis of Electromagnetic Hypersensitivity(2022): Sally Burns, a 59 year old social worker successfully won her appeal for early ill-health retirement and will now receive full pension due to disabling Electromagnetic Hypersensitivity (EHS).

British Tribunal Case: Claimant was awarded Employment and Support Allowance under ESA Regulation 29 (Exceptional Circumstances); The Judge stated that “were it not for EMR the appellant would lead a normal life with little or no functional impairment”…..Considerations included the fact that the appellant would be unable to work in any ‘normal’ working environment indoors or outside- anywhere there was Wi-fi, mobile phones or mobile phone masts…” 

 Australia

2013, Court Ruling in McDonald and Comcare: The AAT ruling means McDonald will continue to be paid 75% of his salary, as compensation for his illness. Administrative filing, News coverage. 

France: 

13 Plaintiffs Win: The Tribunal de Grand Instance of Bordeaux ordered in favor of 13 of the 206 plaintiffs who had initiated a lawsuit against the installation of the electric meter created by Enedis.

Spain 

High Court of Madrid Ruling Recognizes “Electrosensitivity” as Grounds for Total Permanent Disability – Towards Better Health, 4th August 2016 Legal Ruling (in Spanish). In Spain there have been multiple judgments in favor of people disabled by EMF exposure.

Teacher Union Action

  • In 2012, the Ontario English Catholic Teachers Association released a Position Statement recommending wired classroom infrastructure as WIFI “may present a potential health and safety risk or hazard in the workplace.” 
  • In 2010, the Greater Victoria Teachers’ Association recommended a precautionary approach and their Webpage states Wi-Fi free zones should be available, On/Off routers recommended to turn the Wi-Fi OFF and the minimal or non-use within elementary schools.
  • In 2018, United Educators of San Francisco passed a Resolution on Safer Technology that calls for the California cell phone guidance to be disseminated to students and staff. They also hosted webinars on Safe Technology in schools. 
  • 2016 the  Elementary Teachers Federation of Ontario called for a “WI-FI moratorium until further health studies are done, and lawmakers can catch up with new regulations.”

 

Selected Readings and Video Resources

Articles on Electromagnetic Sensitivity 

 

Videos on Electromagnetic Sensitivity 

 

Films and Movies on Electromagnetic Sensitivity 

 

Selected Scientific Research on Electromagnetic Sensitivity and Radiofrequency Radiation 

Balmori, A. (2022). Evidence for a health risk by RF on humans living around mobile phone base stations: From radiofrequency sickness to cancer. Environmental Research, 214, 113851. https://doi.org/10.1016/j.envres.2022.113851

 

Belpomme, D., Campagnac, C., & Irigaray, P. (2015). Reliable disease biomarkers characterizing and identifying electrohypersensitivity and multiple chemical sensitivity as two etiopathogenic aspects of a unique pathological disorder. Reviews on Environmental Health, 30(4), 251–271. https://doi.org/10.1515/reveh-2015-0027

 

Belpomme, D., Carlo, G. L., Irigaray, P., Carpenter, D. O., Hardell, L., Kundi, M., Belyaev, I., Havas, M., Adlkofer, F., Heuser, G., Miller, A. B., Caccamo, D., De Luca, C., von Klitzing, L., Pall, M. L., Bandara, P., Stein, Y., Sage, C., Soffritti, M., … Vorst, A. V. (2021a). The Critical Importance of Molecular Biomarkers and Imaging in the Study of Electrohypersensitivity. A Scientific Consensus International Report. International Journal of Molecular Sciences, 22(14), Article 14. https://doi.org/10.3390/ijms22147321

 

Belpomme, D., & Irigaray, P. (2020). Electrohypersensitivity as a Newly Identified and Characterized Neurologic Pathological Disorder: How to Diagnose, Treat, and Prevent It. International Journal of Molecular Sciences, 21(6), E1915. https://doi.org/10.3390/ijms21061915

 

Belyaev, I., Dean, A., Eger, H., Hubmann, G., Jandrisovits, R., Kern, M., Kundi, M., Moshammer, H., Lercher, P., Müller, K., Oberfeld, G., Ohnsorge, P., Pelzmann, P., Scheingraber, C., & Thill, R. (2016). EUROPAEM EMF Guideline 2016 for the prevention, diagnosis and treatment of EMF-related health problems and illnesses. Reviews on Environmental Health, 31(3), 363–397. https://doi.org/10.1515/reveh-2016-0011

 

Bevington, M. (2019). The Prevalence of People With Restricted Access to Work in Man-Made Electromagnetic Environments. Journal of Environment and Health Science, 5, 1–12. https://doi.org/10.15436/2378-6841.19.2402

 

De Luca, C., Chung Sheun Thai, J., Raskovic, D., Cesareo, E., Caccamo, D., Trukhanov, A., & Korkina, L. (2014). Metabolic and Genetic Screening of Electromagnetic Hypersensitive Subjects as a Feasible Tool for Diagnostics and Intervention. Mediators of Inflammation, 2014, 924184. https://doi.org/10.1155/2014/924184

 

Dieudonné, M. (2019). Becoming electro-hypersensitive: A replication study. Bioelectromagnetics, 40(3), 188–200. https://doi.org/10.1002/bem.22180

 

Hardell, L., & Koppel, T. (2022). Electromagnetic hypersensitivity close to mobile phone base stations – a case study in Stockholm, Sweden. Reviews on Environmental Health. https://doi.org/10.1515/reveh-2021-0169

 

Hedendahl, L., Carlberg, M., & Hardell, L. (2015). Electromagnetic hypersensitivity—An increasing challenge to the medical profession. Reviews on Environmental Health, 30(4), 209–215. https://doi.org/10.1515/reveh-2015-0012

 

Heuser, G., & Heuser, S. A. (2017). Functional brain MRI in patients complaining of electrohypersensitivity after long term exposure to electromagnetic fields. Reviews on Environmental Health, 32(3), 291–299. https://doi.org/10.1515/reveh-2017-0014

 

Leszczynski, D. (2022). The lack of international and national health policies to protect persons with self-declared electromagnetic hypersensitivity. Reviews on Environmental Health. https://doi.org/10.1515/reveh-2022-0108

 

Dieudonné M. Electromagnetic hypersensitivity: a critical review of explanatory hypotheses. Environ Health. 2020 May 6;19(1):48. 

 

Dieudonné M. Does electromagnetic hypersensitivity originate from nocebo responses? Indications from a qualitative study. Bioelectromagnetics. 2016 Jan;37(1):14-24. 

 

Redmayne, M., & Reddel, S. (2021). Redefining electrosensitivity: A new literature-supported model. Electromagnetic Biology and Medicine, 40(2), 227–235. https://doi.org/10.1080/15368378.2021.1874971

 

Sage, C. (2015). The implications of non-linear biological oscillations on human electrophysiology for electrohypersensitivity (EHS) and multiple chemical sensitivity (MCS). Reviews on Environmental Health, 30(4), 293–303. https://doi.org/10.1515/reveh-2015-0007

 

Stein, Y., & Udasin, I. G. (2020). Electromagnetic hypersensitivity (EHS, microwave syndrome) – Review of mechanisms. Environmental Research, 186, 109445. https://doi.org/10.1016/j.envres.2020.109445

 

Verma, R., Swanson, R. L., Parker, D., Ould Ismail, A. A., Shinohara, R. T., Alappatt, J. A., Doshi, J., Davatzikos, C., Gallaway, M., Duda, D., Chen, H. I., Kim, J. J., Gur, R. C., Wolf, R. L., Grady, M. S., Hampton, S., Diaz-Arrastia, R., & Smith, D. H. (2019). Neuroimaging Findings in US Government Personnel With Possible Exposure to Directional Phenomena in Havana, Cuba. JAMA, 322(4), 336–347. https://doi.org/10.1001/jama.2019.9269