Good advice for facilities management on general awareness of how of the ADA affects you.
What are the most common Americans with Disabilities Act (ADA) violations, why are they so common and what should facility managers do to avoid being in violation?
The most common violations are found at every juncture of a facility.
Built Environment: It ranges from curb ramps and ramps that are too steep, the lack of marked parking with a marked access aisle and signage (ground markings don’t count, since they can’t be seen at night or when snow-covered.)
Restrooms: The most common violations are toilets not mounted the correct distance from wall or partition (a.k.a. water closet centerline), flush valve for the toilet is on the wrong side; if it isn’t on the wide side, you have to reach over the toilet to flush it.
Operations: Most common violations that are operational in nature, meaning they were not designed and/or constructed that way, include:
-Housekeeping/maintenance staff placing a garbage can next to the restroom’s exit door. Clear space next to door (a.k.a. maneuvering clearances) is intended to give someone in a wheelchair the space to approach the door, reach the door handle and open the door. You can’t do that if the garbage can is there! Another is placing garbage cans/ash urns directly in front of the “call buttons” at an elevator, again impacting the ability of someone in a wheelchair or using a walker to reach the buttons.
- Retail establishments placing merchandise, information racks, etc. in the aisles, which reduces path of travel.
- Mounting objects to the wall (a.k.a. circulation route) that project 4 inches or more from the wall. If they are 27 inches to 80 inches from the floor, someone with a visual disability will miss the item on a “cane sweep” and walk right into the object and get hurt!
These are but a few. The structural/design violations are either a result of not following, understanding or paying attention to the ADA Standards as a federal law and relying solely on building code and code officials. Building codes can be negotiated; civil rights cannot. Good design documents can still be constructed incorrectly. Sometimes it’s that the workmen have been doing it that way for x years, they don’t pay attention, or they simply don’t stop to think of someone using it.
The operational violations, although not permanent/fixed items covered under the ADA Standards, create barriers nonetheless. Try explaining to someone who is trapped in a rest room because the garbage can is placed in their way that it really isn’t covered under the Standards — that won’t work!
We would top off this article with the observation that the technicality of these laws requires hiring someone who can best anticipate and catch these violations. You wouldn’t try and read and follow employment law by yourself, would you?
Questions? email us at help@ytaccess.com or call us at 866 982 3212.
This fast food chain has decided to not offer public restrooms — you have to be a customer. But that’s still open to the public because anyone can be a customer! If the heavy door wasn’t bad enough, the twist and pull mechanism to unlock and open the door makes it really hard to get out of the restroom because you have to twist, pull AND roll your chair back. I know this chain wants to avoid lawsuits but if they make it so hard for people to get in and out of the restoom, someone can get trapped (esp in an emergency evacuation). Now that’s lawsuit material.
You see this sort of thing all the time. It’s pretty common for delivery trucks to park in access isles, too. If someone were to come along that needs this access aisle, this store could get a lawsuit. Never allow anything to block your access aisle, because it’s your butt on the line even if it’s not your fault.
Is your Business ADA Compliant? Learn about the legal liability your business has if it is not ADA Compliant. Don’t get slapped with a lawsuit over something you could have prevented!
Hosted at Four Points Sheraton (5990 Green Valley Circle in Culver City, CA) on Oct 6 @ 730am.
Click on the link below to pre-register for the event!
If you own a business, chances are it’s not 100% compliant. The only businesses which are guaranteed to be compliant are home delivery. Even then, if you accept visitors from the public in your lobby, family members of employees or event delivery personnel (who have to sign in at a counter) then you are technically open to the public.
If you think you are accessible, here’s a few items for your check list.
1. Floor Mats which are secure and do not pose a tripping hazard (glued or taped down)
2. Van Accessible Parking with an access aisle that is at least 96 inches wide.
3. A 6×6 inch ISA decal on or about your front door
4. Signage on the wall next to your restroom centered at 60 inches with raised letter, contrasting letters and grade 2 braille.
5. No door knobs anywhere. No twist hardware for the lock, for the latch or for faucets.
6. All restroom amenities are less than 40 inches from the finished floor. This means the point of operation!
If you’ve passed all 6 of these, then congrads, you’ve passed 6 of the 1300 unique checks that are part of doing an ADA Audit.
The accessible gate is not marked, too narrow and LOCKED. Anyone with a wheelchair, stroller or walker is clearly not welcomed here.
The ADA is not just about building code.
Read about this and more things you can be liable for: Read our ADA FAQ for more information. For information about assessing your site yourself or hiring an ADA expert, please look at our ADA Consultation page. Or call us at 866 982 3212 x2 or email us at help@ytaccess.com
This is the second video in a series of videos which give access tips. In this video we speak of more specific parking details. It builds on the last video which is about how to decide where to place accessible parking in the first place. Don’t let your business get caught with these liability issues. Access helps everyone!
Stay tuned for more!
For those of you who can’t see embedded videos, here is a short link: Parking Video #2
If getting an inspection could have helped warn the business. Regular inspections are a necessary part of running a business. About 20 years ago there were no house appraisals. Only a few people did them. Most did not want a house appraisal before they bought the house. Now it’s a regular part of the process of buying or refinancing a house. The same was true for various other inspections as well. Eventually ADA inspections will be part of that process.
There are thousands of these lawsuits. As the word passes more and more individuals might be tempted to test the waters with these suits. Having an ADA appraisal done of your site costs a fraction of a what a lawsuit would cost. A good example would be from one of our clients who informed us that after taxes he made only about 28k a year. The aftermath of the lawsuit cost him 15k — which included the cost of settling, paying for an architect and an attorney. An ADA appraisal would have cost him less than a thousand and prevented attracting a professional litigant.
Many restaurants, bars, salons and other service businesses overlook a requirement in the Americans with Disabilities Act (ADA) that signs be mounted exactly 60 inches above the ground.
They may also forget that hot water and drainpipes underneath sinks need to be insulated to protect against contact, particularly from those in wheelchairs.
Those are some of the things that were learned at a recent workshop put on by the City of Clovis to help local businesses come into compliance with the 20-year-old law in response to the large number of recent lawsuits.
Around 50 businesses needed the help since San Jose lawyer Randy Moore began targeting the Central Valley around two months ago on behalf of clients. El Gallo restaurant in Clovis, for instance, was forced to close its doors after being penalized up to $88,000 for 22 different violations.
Many business owners are unaware of the thousands of possible accessibility barriers that can occur. Fortunately, many of them are simple and easy to address with little time or cost. Here are six tips from Yours Truly Accessibility that can greatly reduce your liability in minutes.
Missing ISA Sign on Storefront
All business entrances are required to have an ISA logo (International Symbol of Access) displayed in contrasting colors. There is no “certification” required to post this on your front window. Placement of this can be anywhere near or on the entrance door. Be sure not to place this sign where the sign will blend in with the surrounding surface! That defeats the purpose of having the sign.
Disabled Parking Sign Not Filled In (Or just missing)
This sign should be filled in and present at every entrance of the parking with the relevant information regarding disabled parking (telephone number and the location or entity where the car is kept… usually this is the police station). This is one of the most common missing signs in parking lots, and is necessary to prevent disabled parking from being unfairly occupied.
Unsecured Floor Mats
Unsecured floor mats, while tidy, are also a source of trips and falls by people using walkers and canes, especially if they tend to shuffle their feet. These should be attached to the ground with industrial-strength adhesive to avoid bunching up, or simply removed to eliminate liability.
Mirrors Placed Too High
The key here is ‘equal access.’ If restroom mirrors are placed too high (over 40 inches from floor to bottom edge), they are considered discriminatory. Either remounting a mirror (just one is enough) to the correct height or removing all mirrors solves this problem.
Unwrapped Hot Water Pipes
Most people are unaware of how hot pipes can become after hot water has been running through them. Even worse, diabetics and paraplegics in wheelchairs may be unable to feel scalding burns from unwrapped pipes beneath a sink!
Non-Lever Doors and Non-Button Locks
Doorknobs and locks that require a grasping, twisting or pinching motion to operate may be difficult for people with joint problems such as arthritis or carpal tunnel syndrome. A door lever with a push-button lock is the best solution.
These are just a sample of issues that are extremely easy to fix, but are legitimate barriers to people with disabilities.
So, your question now, I am sure, is how liable does this make me?
Read our ADA FAQ for more information. For information about assessing your site yourself or hiring an ADA expert, please look at our ADA Consultation page. Or call us at 866 982 3212 x2 or email us at help@ytaccess.com
Let us help you learn about ADA Compliance. Click on the title above. Whether you want to try tackle ADA compliance yourself or have us perform an ADA inspection, our goal is to help you become 100% ADA compliant as painless as possible.
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