Americans with Disabilities Act and Environmental Assessments (week 14)

disability

a person who has a physical or mental impairment that limits one or more of a life activity of a person

physical or mental impairment

any physiological condition, cosmetic disfigurement, loss of at least one body systems such as speech, hearing, sight, neurological, musculoskeletal, cardiovascular, etc;   any mental disorder such as mental retardation now called intellectual disability, Organic brain syndrome, emotional or mental illness

reasonable accommodation

making modifications at a job site that will help someone with a disability perform a job easier

undue burden

an action needed to provide a reasonable accommodation that would cause the employer significant difficulties or expense

qualified individual with a disability

a person who can perform the essential functions of a certain job with or without reasonable accommodations

covered entity

employer, labor organization, state or local governments

handicap

physical or attitudinal constraint that is imposed on a person, regardless if that person has an impairment, that places a person at a disadvantage

ADA

´Enforceable prohibitions and standards that ban discrimination based on disability

´Extend civil rights for people with disabilities, like access to public accommodations and services(transportation, restrooms, etc)

´Federal antidiscrimination legislation designed to remove employment and access barriers for individuals with disabilities

´ADA Amendments Act of 2008 and 2010: definition of disability

general aspects of ADA

´Five titles, each addressing a specific protected category and having separate compliance requirements

´Private sector businesses must comply based on employment numbers

´Workplace accommodations

´Full and equal access to services, facilities, accommodations (hotel, restaurant, museum)

ADA Titles

´Title I: Employment

´Title II: Public Service

´Title III: Public Accommodations

´Title IV: Telecommunications

´Title V: Miscellaneous Provisions

Removal of Barriers (examples of Title III)

´Curb cuts

´Repositioning shelves

´Rearranging furniture

´Addition of raised markings on elevator controls

´Installation of grab rails

´Rearranging toilet partitions

´Installation of raised toilet seat

´Widening doorways

´Removing carpeting

´Creating accessible parking

´Eliminating turnstiles

Compliance and Implementation

Determine essential functions of job

1. Physical and mental requirements

2. Specific training and education

3. Certification or licensing requirements

On-site job analyses

Prohibited topics during an interview: physical characteristics, present health status, and psychiatric history or previous addictions

Accessibility Audit Requirement Categories

´Ramps and slopes

´Doors and hallways

´Signage

´Steps, stairs, and elevators

´Flooring

´Obstacles and protrusions

´´Reach range and clear space

´Seating

´Equipment

´Accessible pathway and walkway

´Parking and loading zones

´Alarms, signs, and warnings

´Area for emergency refuge

ADA Consultant

´Educate employers, managers, employees, and people w/disabilities about ADA

´Perform on-site job analysis and id essential job functional

´Perform on-site environmental evaluation

´Help develop function-based job descriptions

´Advise on job-related accommodation needs, removal of physical barriers and improvement of access internally and externally

´Perform functional ability testing based on essential job functional

´Assist in development of P&P related to compliance w/the ADA

Assessing the Environment

´You might be asked to make recommendations for a patient in their environment to enhance safety and conserve energy

´Three primary environments: residence, place of employment, and community

´Consider application of universal design concepts

´Adaptable housing: modifying an existing home

´Advise on removal of physical barriers and improving accessibility

´Perform physical capacity and functional ability testing

´Help develop policy and procedures

Assessment Process

´Interviews

´Site visits

´Multidisciplinary team

´Periodic, short pre-discharge home visits

´Materials/items for visits: tape measure, flashlight, graph paper, camera, voice recorder, assessment form, and laptop

Universal Design

´Designs for environments and products that can be used by all people

´Tries not to discriminate based on disability

´It is applied from the inception of a building design plan versus fixing barriers that are in existing buildings

´Examples: nonslip floors, lever door handles, eliminating door thresholds, wide hallways and doorways, eliminating steps

Exterior Accessibility

´Choose the most accessible entry (no stairs, closer to parked car, etc)

´Type of surface from where the car is parked to the house or business

´At the entrance, a shelf or table is helpful to place packages to allow easier access to unlocking and opening the door

´Steps - Number, railing (btn 34-38” high) with a flat extension of 12” at the top and bottom of the steps, size of the steps (should not be higher than 7” and a minimum depth of 11”), nonslip surface

´Ramp – for every inch up, you need 12” out (1:12); minimum of 36” wide, nonslip surface, railing same as steps

entrance

´Doorways should be 32-34” wide for wheelchairs

´Thresholds should be removed or put a small transition wedges

´Floors – nonslip, even floors, secure large area rugs, remove small throw rugs

´Locks should be within reach – remote locks, voice activated, keypad

´Door handles – rubber covers, lever-type

stairs

´Railing – as mentioned before, lighting or reflective strips

´Lift chairs fold up against the wall when not in use

bathroom

´Elevated toilet seats

´Grab bars around toilet and in the tubshower area

´Nonskid adhesive strips in the tub/shower

kitchen

´Wheelchairs should be able to fit under countertops

´Small cart on wheels to help moves objects from counter to counter

workspace

´1 – computer monitor top should be slightly below eye level

´2 – body centered in front of the monitor and keyboard

´3 – forearms level or tilted up slightly

´4 – lower back supported by the chair

´5 – wrists free while typing

´6 – thighs horizontal

´7 – feet flat on the floor

work chair

´1 – upholstery made of breathable material

´2 – adjustable lumbar support

´3 – adjustable armrests

´4 – seat with rounded front border

´5 – adjustable seat that moves up/down and tilts

´6 – tilt mechanism that tilts forward and backwards

´7 – 5 caster wheels that swivel