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What is ‘safe’? Continued |
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The rules have changed for facility executives dealing with individuals with disabilities, and
so have ADA compliance strategies. Before Sept. 11, the conventional thinking was that asking someone if he or she
had a disability could be interpreted as discrimination. Historically, that type of question was often a precursor to
attempts by employers to screen out individuals with disabilities from employment opportunities. Before Sept. 11,
companies were generally advised that this type of question could only be asked when it was absolutely essential. To a considerable extent, that’s still true today. What’s different is that it has become crucial
for facility executives to know who is in the building and what difficulties they may have if it becomes necessary to
evacuate the building.
That
doesn’t mean asking whether a person has a disability; instead, it means asking who may need
assistance. The distinction matters. Rules for requesting information about someone’s disability are set for
employers by the U.S. Equal Employment Opportunity Commission (EEOC). Since Sept. 11, EEOC has developed guidance, which is available at
www.eeoc.gov/facts/evacuation.html. The federally funded Job Accommodation Network (JAN)
also has specific items and suggestions at its site, www.jan.wvu.edu/media/emergency.html. The U.S. Access Board - the agency that writes the technical and scoping requirements of the ADA - also provides information and guidance on its Web
site at www.access-board.gov/evacplan.htm.
Employers are allowed to ask for information that relates to the safety of the employee or
others. The optimal approach is to ask all employees - not just those with disabilities - to inform the responsible department/person if and what assistance anyone would need in order to safely
evacuate the building during an emergency. With that approach, there is no need to ask someone if he or she has
a disability and, if so, to disclose that disability. Instead, the facility executive is asking for information that will
make it possible to safely evacuate everyone. Inserts into company newsletters, or communications sent out by property
management to tenants, should highlight the organization’s efforts to provide a safe and effective environment for
all tenants and visitors.
Don’t
assume that individuals with obvious physical disabilities are the only ones who will
have difficulties evacuating. Individuals with a range of medical conditions (i.e., asthma, heart condition) or any
employee who is recuperating from an injury or surgery may have difficulty using steps as a means of evacuation. It will be particularly challenging to
get individuals with hidden disabilities (panic disorders) safely out of the building. Anticipating and being prepared for that eventuality will be very important.These guidelines
apply whether it is an owner-occupied building, an educational or governmental building, or a multiuse commercial
building. ASSURING SAFETY Once the facility executive has
determined who needs assistance, there are important measures to help ensure that all tenants and visitors can be safely
evacuated. |
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