Update From the U.S. Access Board: Board Approves Proposal For a New ADAAG

At the March meeting, the Access Board approved a rule to revise and update the Americans with Disabilities Act Accessibility Guidelines (ADAAG). This will be the first comprehensive update of the guidelines since they were originally issued in July 1991.

The proposed rule will hit the streets when the following regulatory actions are completed…

• The Office of Management and Budget (OMB), which reviews most Federal regulations, must review the proposed rule, along with a regulatory assessment.
• OMB has 90 days to complete its review of the Board's rule.
• Once cleared by OMB, the rule will be published in the Federal Register and be made available for public comment.
• The Board intends to provide a 120-day comment period. During this time, it will hold several public hearings that will provide a forum for submitting comment. The dates and places for these hearings will be indicated in the proposed rule, along with instructions for submitting comments to the docket.

The primary goal of the Americans with Disability Act (ADA) is the equal participation of individuals with disabilities in the "mainstream" of society. Reasonable accommodations must be made to applicants and employees known to have disabilities.

Citizens:

All DOT public facilities in which the public conducts business were required to be physically accessible by January 6, 1994. All programs provided by the DOT are required to have program access meaning that accommodations may be required by DOT for the public to access a particular program. This includes hearings and workshops.

Employees:

The DOT is required to accommodate all employees who have disabilities. It is the responsibility of management to work with the disabled employee to develop a solution for the disability to help the employee perform the essential functions of the job.

Transition Plan/Self-Evaluation:

The department developed and distributed a transition plan and self-evaluation notebook to over fifty locations around the state and provided a two-hour ADA training session for all employees.

• DOT Transition Plan
• DOT Self-Evaluation

ADA Law:

The ADA law is very clear on most points; but, not very defined on other points. Case law will eventually provide strict guidance. More and more issues will be surfacing as the law takes effect. Documentation of ADA accommodations for the public and DOT employees is very important. Units are requested to document instances where DOT provides assistance or accommodations to disabled persons. This information should be forwarded to the ADA Library located in the Productivity Services Section.

ADA Assistance:

Walt Thompson was appointed as the ADA/504 Coordinator for the Department of Transportation and an ADA Steering Committee was established to provide assistance and guidance.

If you require assistance in viewing these pages or need printed copies, please contact the ADA Coordinator at 919-733-2083.

ADA Grievance Procedure:

The Department has developed a procedure to ensure the prompt and equitable resolution of unresolved ADA complaints. This procedure may be used by either Department employees or citizens desiring to utilize State (DOT) maintained facilities. Items that are grievable include a denial of a requested accommodation, the inadequacy of an accommodation, the inaccessibility of a program or activity due to disability, or discrimination based on a disability. This procedure is intended for use after all “local” attempts to resolve an issue have been exhausted.

• ADA Grievance Procedure

The ADA Steering Committee is organized to ensure that all parts of the Department are represented in ADA issues and that the Department speaks with one voice in its compliance with the letter and the spirit of ADA law.

• Steering Committee Contacts

Architectural and Transportation Barriers Compliance Board (ACCESS Board)

• Access Board
• ADA Assessibility Guidelines (ADAAG)
• Publications and Documents

FHWA Office of Civil Rights

• Questions and Answers About ADA/Section 504

NC Department of Administration

• Governor's Advocacy Council for Persons with Disabilities

US Department of Justice

• Americans With Disabilities Act
• Technical Assistance Manual (TITLE 1) ADA