Session No.
512
The Safety Professionals Role in ADA (Americans with
Disabilities Act) Compliance
Lisa Reburn, Ph.D.
Project Director & ADA Coordinator UAB Online
The University of Alabama at Birmingham
Birmingham, AL
Tom Reburn, MEng, CSP
Safety Manager
Energen Corporation
Birmingham, AL
Introduction
The Americans with Disabilities Act (ADA) issues are exploding into the awareness of the
public as case law and civil rights proponents energize the implementation of the amended
Americans with Disabilities Act. As baby boomers age and experience various temporary
and permanent disabilities, demand for access continues to escalate.
The safety professional is in a unique position to spot various ADA violations and
barriers covered under Title I, II and III that lead to unsafe environments. There is a general
ability to travel to many facilities in the course of doing a safety professionals job which
gives the professional this exceptional opportunity. Recognition of twenty top ADA facility
violations will give the safety professional a working knowledge to make environments safer
and more accessible. This knowledge will enhance the safety professionals ability to
prevent injuries and have a significant impact on the workforce, as removing accessibility
barriers is good for those without disabilities as well as for those with disabilities.
The safety professional has the distinctive responsibility to ensure a safe and healthful
work environment for all employees, including employees with disabilities. Many issues
arise that require knowledge of the implication of Title I of the ADA that pertains to
employment. Some of these issues arise in developing appropriate emergency action plans.
Often, the safety professional is in a position to speak to groups about safety topics
throughout the workforce. These presentations are an integral part of the prevention of
accidents and injuries and should be presented in a way that can reach each member of the
audience. Simple changes or approaches will significantly improve the likelihood of being
heard by every participant. Avoiding embarrassing oversights in presentations, as well as
understanding proper etiquette involving individuals with disabilities, will make the safety
professional more effective and consequently, the workforce safer.
In this paper we will discuss information that will lead the reader to have a general
understanding of the ADA and to be able to perform these seven activities:
1. locate and apply the 2010 Americans with Disabilities Act Standards for Accessible
Design
2. recognize twenty top ADA facility violations
3. locate and use an ADA facilities checklist for barrier removal
4. relate Title I regulations to employment situations
5. apply the ADA to emergency action plans
6. apply accessibility concepts to presentations
7. demonstrate proper etiquette when interacting with someone who has a disability
Locate and Apply the 2010 Americans with Disabilities Act
Standards for Accessible Design
Disability is a natural part of the human experience; anyone can become disabled. Disability
is as equal a part of diversity as race or sex or national origin and it affects people from all
socioeconomic levels. The Americans with Disabilities Act (ADA) was signed into law in
1990. It was amended in 2008 and is known as The Americans with Disabilities Act
Amendment Act (ADAAA). The ADAAA redirects emphasis to whether covered entities
have met their obligations, rather than focusing on whether a particular impairment is a
covered disability. In this paper, ADA generally refers to the Americans with Disabilities
Act Amended Act (ADAAA). The ADA is about mainstreaming, equal opportunity, access
and civil rights.
ADA is sometimes referred to as a landmark civil rights law; the first major piece of
national legislation in the world to address barriers experienced by those with disabilities. It
affords similar protections against discrimination to Americans with disabilities as the Civil
Rights Act of 1964, which made discrimination based on race, religion, sex, national origin,
and other characteristics illegal.
The ADAAA defines a person with a disability as a person who has a physical or
mental impairment that substantially limits one or more major life activities. This includes
people who have a record of such an impairment, even if they do not currently have a
disability. It also includes individuals who do not have a disability but are regarded as
having a disability. The ADA also makes it unlawful to discriminate against a person based
on that persons association with a person with a disability. Under the ADA, disability is
a legal term rather than a medical one. The ADAAA provides a list of many major life
activities which also includes major bodily functions. Only one major life activity needs to
be limited to get coverage under the ADA.
Major Life Activities
Seeing
Hearing
Eating
Sleeping
Walking
Standing
Lifting
Speaking
Reading
Concentrating
Communicating
Major Bodily Functions
Immune system
Normal cell growth
Digestion
Bowel
Bladder
Neurological
Brain
Respiratory
Circulatory
Endocrine
Reproductive
Figure 1. Major life activities and bodily functions.
Recognize Twenty Top ADA Facility Violations
New construction, construction beginning after January 26, 1992, or renovation that occurs
in facilities must meet all the standards of the 2010 ADA Standards for Accessible Design,
unless there is safe harbor. Elements built or altered before March 15, 2012, that were
compliant with the 1991 ADA Standards, are not required to be modified to meet 2010
standards. This is known as safe harbor. Renovations are changes that affect usability,
not simple maintenance. An example of a renovation would be making smaller rooms out
of a large room. That renovation would have to be completed according to 2010 Standards.
Simply repainting the room would not require bringing the room to 2010 Standards. The
only time an exemption is given to this requirement, is if the change would be either
technically infeasible or structurally impracticable.
Existing buildings, those built before January 26, 1992, must remove architectural
barriers when it is readily achievable. Readily achievable means that removing the
barrier is relatively easy to accomplish. The determination of what is readily achievable is
made considering the size, type, and overall finances of the public accommodation. There
are certain exceptions for historical buildings (listed on the Registry of Historic Landmarks).
Accessible Parking
Spaces
Accessible Parking
8 X 5 with access aisle
Sign 60
Correct number spaces
Accessible Routes
36 wide
Running Slopes
1:20
Ramps
1:12
Handrails
Accessible Entrance
34-38 from surface
32 wide
Thresholds
Door Hardware
Less than
Operate with one hand
Carpet
Elevators
Less than high
Raised characters/Braille
Objects in Circulation
Path
4 protrusion with
bottom edge 27or
higher
Braille/raised characters
Van accessible
spaces
Stable, firm & slip
resistant
If steeper, treat as
ramp
More than 6 rise;
handrails
Extend 12 beyond
18 clearance, 60
clear depth
if beveled
No tight grasping or
twisting
Edges secure
Audible signals for
floors
4 protrusion with
bottom edge 80or
lower
Wall on latch side
of door
Latch side of door
Door Signage
Signs for Inaccessible
Doors
Doors
Tactile Detectable
Warning
General Seating
Restroom Interior
Access
Restrooms General
Direction sign with
international symbol
5 pounds pressure
maximum
Truncated domes
Number for different
spaces
36 clear path
One accessible
Visual alarm
Alarms
Hardware 34-38
off surface
Establish safety
boundary
Conference table
27 high min
60 diameter
turning space
Accessible
watercloset
Auditory alarm
Figure 2. Twenty top facility violations for the safety and health professional
The ADA regulations recommend four priorities for barrier removal. These priorities are
only for planning; they are not mandatory. The priorities are as follows:
Priority 1 Accessible approach and entrance
Priority 2 Access to goods and services
Priority 3 Access to public toilet rooms
Priority 4 Access to other items such as water fountains and public telephones
Public accommodations obligations for barrier removal can be found in the
Department of Justices ADA Title III regulations 28 CFR Part 36
at http://www.ada.gov/regs2010/titleIII_2010/titleIII_2010_regulations.htm. State and local
governments obligations can be found in the Department of Justices ADA Title II
regulations
28 CFR Part 35 at http://www.ada.gov/regs2010/titleII_2010/titleII_2010_regulations.htm.
Locate and Use an ADA Facilities Checklist for Barrier
Removal
The ADA checklist for Readily Achievable Barrier Removal is based on the 2010 ADA
Standards. The checklist does not cover everything. This checklist is intended to assist safety
professionals as a first step in a planning process for readily achievable barrier removal. If a
situation arises that is not covered in the checklist, it will be found in the 2010 Standards.
Elements built or altered before March 15, 2012, that were compliant with the 1991 ADA
Standards, are not required to be modified to meet 2010 standards. Again, this is known as
safe harbor. There are several new elements in the 2010 standards that were not in the
1991 standards (ex. recreation facilities). All of these elements must meet 2010 Standards.
There are many types of barriers. Some of these barriers might include physical or
environmental barriers like parking, restrooms and fire hazards. There are also attitudinal
and societal barriers. Sometimes discrimination exists and there can be barriers to
employment. The ADA regulations require more than physical barrier removal. The
regulations include requirements for nondiscriminatory policies and practices and for the
provision of auxiliary aids and services, such as sign language interpreters for people who
are deaf. This checklist does not cover those types of barriers.
The ADA checklist for readily achievable barrier removal includes an introduction and is
divided into the four priorities. It is available in a Word fillable document as well as other
formats at http://www.adachecklist.org/checklist.html.
Relate Title I Regulations to Employment Situations
There are five titles of the ADAAA.
1.Title I: Employment
2.Title II: Public Entities
3.Title III: Public Accommodations
4.Title IV: Telecommunications
5.Title V: Miscellaneous
Title I applies to the workplace with 15 or more employees. A business must provide
qualified individuals with disabilities an equal opportunity for employment benefits. They
must make reasonable accommodations. Title I requires a covered employer to provide
reasonable accommodations to qualified individuals with disabilities who are employees or
applicants unless to do so would cause an undue hardship. In general, an accommodation is
any change in the work environment or in the way things are customarily done that enables
an individual with a disability to enjoy equal employment opportunities.
Title II relates to state and local governments, including public postsecondary
institutions. Title II requires that state and local governments give people with disabilities an
equal opportunity to benefit from all their services, programs, and activities. Public entities
are required by Title II to make reasonable modifications to policies, practices, and
procedures, except when doing so would fundamentally alter the nature of the service,
program, or activity provided by the entity. The only other exemption would be for an undue
financial or administrative burden.
Title III relates to businesses and nonprofit service providers. They must comply with
basic nondiscrimination requirements which prohibit unequal treatment of people with
disabilities. They must make reasonable modification to policies and procedures and must
offer equally effective communication for people with disabilities. Title IV covers
telecommunications and title V is a miscellaneous category.
Many employment situations can involve employees who have a disability. Title I
prohibits covered employers from discriminating against qualified individuals with
disabilities. Qualified individuals are people with disabilities who can perform the essential
functions of the job with or without reasonable accommodations. A covered employee has a
disability, can perform the essential functions of the job with or without reasonable
accommodation and can include a former employee. That qualified individual with a
disability must show that he or she satisfies the requisite skill, experience, education and
other job-related requirements of the employment position he/she holds. The employee must
also demonstrate that with or without reasonable accommodation, he/she can perform the
essential functions of the position.
The ADA does make allowance for dismissing or refusing to hire a person who has a
disability and can perform the essential functions of a job if that person poses a significant
safety risk to himself or others or becomes a direct threat. A direct threat exists if a
significant risk of substantial harm to the health or safety of that employee or others exists
which cannot be eliminated. Fear, stereotypes and misconceptions must be ruled out when
making this decision. An employer should consider the duration of the risk, the nature and
severity of the possible harm, how likely harm is to occur and how imminent the potential
harm is when making this decision.
There are several basic principles under reasonable accommodation:
the employee is responsible to inform of the need
must be effective for job and benefits
applies only to barrier removal related to disability
not personal used item
may go beyond the requirements of the ADA
the employer gets to choose accommodation
doesnt have to be the best, if effective
employer and employee must engage in interactive process
Some types of reasonable accommodation might include:
make facility accessible
modified written examinations or training
adopt flexible company policies (reasonable modification of policy)
modify worksite
adjust work schedules
acquire\modify equipment\devices
provide readers\interpreters
restructured job tasks
reassignment to a vacant position (includes assignment to light duty where it
already exists)
Individuals are not required to accept an accommodation. If the employee
refuses an accommodation necessary to perform the essential functions, and as a
result, cannot perform the essential functions of the job, the person may no longer be
considered a qualified individual with a disability.
Individuals who exercise their rights under the ADA, or assist others in
exercising their rights, are protected from retaliation. EEOC has prepared a guidance
manual on retaliation. Not permitting or limiting access to the complaint process has
been viewed as retaliation.
Apply the ADA to Emergency Action Plans
The ADA does not require employers to have emergency evacuation plans. However, if
employers opt to have plans, they are required to include people with disabilities in them. A
reasonable accommodation under Title I may include an emergency evacuation plan for an
employee.
It is essential to identify accommodation needs during the plan development stage of
an emergency evacuation plan. The best way to identify needs is to ask employees whether
they have limitations that might interfere with safe emergency evacuation. This should be
done in one or more of the following ways:
before employment begins, but after making a job offer, ask all individuals whether
they will need assistance during an emergency
periodically survey all current employees to determine if they require assistance in an
emergency
ask employees with known disabilities is they require assistance in an emergency
Never assume that someone with an obvious disability will need assistance during an
evacuation. For example, someone who is blind may prefer to exit unassisted using their dog
guide. It is their choice. The ADA does require that employers keep all medical information
confidential. On a need to know basis, first aid and safety personnel may be informed to
assist in planning. Evacuation drills to help identify needs that employees are unaware of,
are good practice. It is also a good idea to develop a method to allow visitors with special
needs to have the choice to self-identify when possible.
Once accommodation needs have been identified, an appropriate accommodation
option must be chosen. An employer can go to these resources to help with that decision:
employees with disabilities
local fire, police, and HazMat departments
Jans Searchable Online Accommodations Resource (SOAR)
When planning for general accommodations, be sure that emergency alarms and signs
show the emergency exit routes. Emergency alarms should be both visual and auditory. If
using lighted strobes, be sure they do not exceed five flashes per seconds due to the risk of
triggering seizures. A buddy system may work in some instances. An area of rescue
assistance may also be an option. The ADA does specifically address areas of rescue
assistance. If these areas have no escape routes they should have:
a closing door
supplies to block smoke
a window and a help sign to alert rescuers
an operating phone, cell phone, TTY, and two-way radio to contact emergency
services
Plans should be made for people with motor impairments, sensory impairments,
cognitive disabilities, psychiatric conditions and respiratory impairments. The National Fire
Protection Association (NFPA) Emergency Evacuation Planning Guide for People with
Disabilities addresses emergency procedures that must be considered when developing an
appropriate emergency evacuation plan. The guide is available from the NFPA
website, www.nfpa.org. The NFPA guide suggests four elements of evacuation information:
notification, way finding, use of way and assistance.
Once effective accommodations are chosen, the decision of who will be involved in
implementing the evacuation plan needs to be made. The plan needs to be written and shared
with employees for feedback. The plan will need to be practiced and modified as needed.
After the final evacuation plan is written, a copy should be given to all personnel. An
evacuation drill should be performed to be sure everyone is familiar with it. It should then
become part of standard operating procedures. Planned maintenance is also an important
part of assuring safety for people with disabilities in an emergency. The evacuation plan
should be practiced and the accommodations updated periodically. New employee should be
made aware of the plan and all accommodation equipment should be inspected and
maintained in proper working order.
Apply Accessibility Concepts to Presentations
Presentations by safety professionals are an integral part of the prevention of accidents and
injuries. These presentations should be delivered in a way that can reach each member of
the audience. Simple changes or approaches will significantly improve the likelihood of
being heard by every participant. Equally effective communication is the law, as well as
best practice.
People who have vision, speech or hearing disabilities (communication disabilities)
have different ways to communicate. For example, people who are deaf may receive
information through writing or through sign language rather than through speech. People
who are blind may receive information audibly rather than through print. The ADA requires
that Title II and Title III entities communicate with people with these disabilities equally as
effectively as they communicate with people without disabilities.
Before a presentation, the presenter should check the physical area to see if there are
any modifications that need to be made to allow the audience more access. There should be
accessible routes to seating areas. This is helpful to anyone with mobility difficulties as well
as anyone who is obese. There are also egress issues that are improved with this. Accessible
seating should be available as well. The sound system should be checked to be sure it is
adequate. The speaker should walk around the room to be sure there is good visual clearance
from all areas.
PowerPoint presentations are used frequently during training sessions with employees.
At times, these PowerPoint presentations may be placed online as archived trainings or as
online trainings. PowerPoint presentations should be designed from the beginning so that
information can be used and understood by the widest range of people. When publishing
material online, Universal Design for Instruction calls for transcripts of any verbal
information and alternate text for any visual information. It also requires open or closed
captions with any videos. These are skills that the safety professional can acquire that are
beyond the scope of this paper.
When using a PowerPoint presentation during training, there are several things to
remember in order to provide equally effective communication to everyone. Use high
contrast in the PowerPoint presentation and provide electronic handouts in advance of the
training. In the PowerPoint, be aware of the use of color and limit the use of animations,
transitions and bells and whistles. Divide the content into sections. Include visual
descriptions of any graphics during the dialogue and include open captions for any videos
used during training.
While presenting, the safety professional should always use the microphone. Be sure
to always face the audience while speaking, as some individuals require seeing the speakers
lips in order to understand. Repeat any audience questions in the microphone and summarize
any audience comments if possible. These simple steps will make it easy for everyone in the
audience to have an opportunity to understand the message being given.
Demonstrate Proper Etiquette when interacting with a Person
who has a Disability
There are some simple things to keep in mind when interacting with people with disabilities.
The most important thing is to not be afraid; people with disabilities are people first. Be sure
to make eye contact and speak to the person directly. Never ask someone associated with a
person with a disability what that person needs or wants. If there is an interpreter, look at the
person who is Deaf while having a conversation. If shaking hands with someone who is
visually impaired, be sure to make contact with their right hand. There is nothing wrong
with shaking hands with someone with a prosthetic arm.
If the safety professional finds himself in a situation where he would like to offer
assistance to someone with a disability there are some things to remember. First, always ask
the person with a disability if they would like some assistance. A phrase similar to would
you like a hand with that is appropriate. Do not be upset if someone says they do not want
any help. Ask the person how they would like help. For example, if asking to assist someone
with a visual impairment, a statement such as Would you like to take my arm or How can
I help would be appropriate. Never assume the person wants help.
When addressing someone with a disability always use people first language. Avoid
the word handicapped. The following are some examples of people first language:
People First Language
Person who is deaf
Person who is blind
Person who uses a wheelchair
Phrases to Avoid
Deaf person
Blind person
Wheelchair bound
Figure 3. People first language and phrases to avoid.
Never avoid speaking to someone with a disability out of fear of saying the wrong
thing. It is okay to say to a person with a visual impairment see you later. It is okay to say
to a person who uses a wheelchair lets walk instead of taking the car. Many people with
disabilities have a great sense of humor. Just be yourself and remember this person is
absolutely no different than you.
Conclusion
Remember that disability is a natural part of the human experience. Nearly twenty percent of
people in the United States have a disability. Fifteen percent of the worlds population has a
disability; thats over one billion people! The number of people with disabilities is
increasing due to population aging and the global rise in chronic health conditions. People
with disabilities generally want to be fully contributing members of society. Everyone,
including people with disabilities, basically wants the same things: success, happiness,
safety, appreciation, family, a good job, and a chance to engage equally and be understood
by the people they come in contact with.
ADA is first and foremost a civil rights issue and is not going away. ADA and
accessibility in the workplace are emerging issues tremendously relevant to the safety and
health professional. By expanding the safety and health professionals knowledge and
professional skills, they will be better prepared to meet the challenges of providing full
access to facilities and programs for a diverse and safe work force.
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