ADA: Avoiding Accessibility Trouble

I'm Dan Hounsell, editor of Maintenance Solutions magazine. Today's topic is, avoiding ADA trouble.

For the last 20 years, thousands of Americans with Disabilities Act (ADA) cases have been filed in federal courts across the United States, as well as through the U.S. Department of Justice (DOJ), the federal agency responsible for enforcing ADA standards for facilities. Most of these cases began with an issue in an existing building, where an individual with a disability or DOJ cited the facility's lack of "readily achievable barrier removal" as the primary reason for the complaint.

The following questions can help facility managers determine their level of risk for an ADA complaint from an individual or DOJ:

• Have we evaluated our facilities for ADA barriers?
• Have we been performing readily achievable barrier removal since January 1992?
• Have we ensured that modifications, alterations, additions and new construction after 1992 were comply with the 1991 standards?
• Have we ensured that the facility's accessibility features — including door closers, sidewalks, ramps, handrails, and grab bars — are maintained in working order?
• Have we been documenting all of our ADA compliance efforts?

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