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Old 07-16-2013, 08:08 PM
 
Location: Charlotte, NC
7,041 posts, read 15,038,729 times
Reputation: 2335

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This is a true story:

We’re Green but what about Inclusion?

Several of our teams recently relocated to a new, LEED certified, energy efficient office space in a Charlotte Office Park. This “green” space has a lot to offer but was lacking one important aspect. Team member XXX noticed that wheelchair accessibility from the parking garage and onto the floor was lacking any automated door capabilities, something that was available in their prior location.

They escalated the concerns to the building’s property manager and to our Service Team to voice the concerns. All sat down together to discuss. It was explained that to this person that the building meets all federal requirements for accessibility, which disappointed XXX as they worked so hard to get the building LEED certified but failed in this aspect. While no immediate change will be made, property management did agree to ensure that if a team member requires this accessibility, they will assist in accommodating.

Thoughts? I have walked into the building with people in wheelchairs who have thanked me profusely. They have said that they often have to wait until someone comes to open the doors for them to get to work.

BTW, this is a multi-national corporation in a building with many other multi-national corporations. I think that this is very sad and, actually, quite despicable. This was an announcement sent to everyone in the company. I think that there should be protests...
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Old 07-16-2013, 08:16 PM
 
Location: State of Being
35,879 posts, read 77,491,785 times
Reputation: 22752
So . . . it is or isn't ADA compliant? If they are not, the penalties are stiff.

OSHA Wheel Chair Requirements in Offices | Chron.com

Workplace & Workspace Access

OSHA mandates that employees with wheelchairs have access to office equipment to accommodate their chair. This includes accessible desks, filing systems, shelving and also access to machinery such as copiers and faxes. These rules also state that wheelchair employees must have accessible parking spaces at building entrances and wheelchair accessible restrooms, lunchrooms and break rooms. OSHA has also proposed a national ergonomics standard, which also applies to employees in wheelchairs, although there are no specific federal requirements regarding ergonomics for office workers.
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Old 07-17-2013, 04:34 AM
 
5,150 posts, read 7,764,153 times
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Quote:
Originally Posted by anifani821 View Post
So . . . it is or isn't ADA compliant? If they are not, the penalties are stiff.

OSHA Wheel Chair Requirements in Offices | Chron.com

Workplace & Workspace Access

OSHA mandates that employees with wheelchairs have access to office equipment to accommodate their chair. This includes accessible desks, filing systems, shelving and also access to machinery such as copiers and faxes. These rules also state that wheelchair employees must have accessible parking spaces at building entrances and wheelchair accessible restrooms, lunchrooms and break rooms. OSHA has also proposed a national ergonomics standard, which also applies to employees in wheelchairs, although there are no specific federal requirements regarding ergonomics for office workers.
And if you really want to hurt your head you can read this: 2010 ADA Standards for Accessible Design

But I doubt a newly constructed building would get an occupation permit without being certified.

I do not know what the trends are for automatic doors but considering how people complain about having to be compliant to begin with I'm surprised it isn't required.
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Old 07-18-2013, 04:37 AM
 
Location: Charlotte, NC
7,041 posts, read 15,038,729 times
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I'm fairly certain that they are non-compliant. As Ani posted, people in wheelchairs must be able to have access...how else would they? I think that it is laughable that they say that they would accommodate someone with a wheelchair...what are they gonna do? have someone run around with the person in the wheelchair and open the doors for them?

Additionally, during business hours, they also do not open ALL of the doors, there are those double doors where the one door remains locked. That is also illegal. (fire hazard)

This is actually a very old building that has been refurbished for new companies to come in. One of the people who is in a wheelchair that I met stated that when his company owned the whole building, they had the automatic entrances. It was only when the buildings were sold & refurbished that the automatic doors were removed.

My questions is...who did they pay to pass the occupancy certificate?
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Old 07-18-2013, 05:58 AM
 
3,774 posts, read 8,196,373 times
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Accusations of bribery is serious business. If youre so concerned why don't you the call the County about their building permit instead of dragging it through a public forum?
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Old 07-18-2013, 07:38 AM
 
Location: Matthews, NC
14,688 posts, read 26,615,476 times
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The building must be meeting the ADA requirements. Sure, maybe you could bribe someone to get your occupancy permit but I don't think a large corporation would risk that on something this visible. A bribe isn't going to cover you from a lawsuit.

Why don't you try contacting one of those "News 5 on your side" programs to see if they want to feature it or suggest it to the people affected? Personally, I'd probably keep my nose out of it.
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Old 07-18-2013, 08:36 AM
 
2,340 posts, read 4,631,069 times
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I thought compliant meant the wheelchair must fit through the door. Not that the building had automatic doors.
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Old 07-18-2013, 08:55 AM
 
Location: The place where the road & the sky collide
23,814 posts, read 34,684,299 times
Reputation: 10256
Quote:
Originally Posted by chicagocubs View Post
I'm fairly certain that they are non-compliant. As Ani posted, people in wheelchairs must be able to have access...how else would they? I think that it is laughable that they say that they would accommodate someone with a wheelchair...what are they gonna do? have someone run around with the person in the wheelchair and open the doors for them?

Additionally, during business hours, they also do not open ALL of the doors, there are those double doors where the one door remains locked. That is also illegal. (fire hazard)

This is actually a very old building that has been refurbished for new companies to come in. One of the people who is in a wheelchair that I met stated that when his company owned the whole building, they had the automatic entrances. It was only when the buildings were sold & refurbished that the automatic doors were removed.

My questions is...who did they pay to pass the occupancy certificate?
There are allowances in the ADA for old buildings. Someone apparently decided to take advantage of that.
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Old 07-18-2013, 09:15 AM
 
Location: Matthews, NC
14,688 posts, read 26,615,476 times
Reputation: 14409
Quote:
Originally Posted by baybook View Post
I thought compliant meant the wheelchair must fit through the door. Not that the building had automatic doors.
I feel the same way. I Googled the ADA and couldn't find anywhere in there that required automatic doors. There were rules for how automatic doors had to work and clearance requirements but none for the door itself.

At the risk of being attacked, I can also understand why companies would be inclined to not include certain things that they didn't have to. I work in an office and have to deal with a shelf everyday that had to be installed to comply with ADA requirements. Every single day I have to bend over or lean uncomfortably to utlize this shelf on the off chance that someone with a wheelchair may come around to use it. I've worked here for more than 5 years and haven't seen one single person here in a wheelchair. What about my rights?
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Old 07-18-2013, 11:13 AM
 
Location: State of Being
35,879 posts, read 77,491,785 times
Reputation: 22752
Don't forget . . . ADA isn't the only compliance agency . . . OSHA has regs that cover workers and their welfare, too.

There are different regs that apply to specific industries, as well.

I have not worked with certificates of occupancy in decades, but I am not sure that the issuance of those certificates has a thing to do with ADA compliance. I thought they were issued as proof of legal right to use a building and that the building is in compliance with local building codes (which one would hope include ADA specifications, but I am not so sure they do). Not positive about that b/c so much has changed since I was involved w/ that end of things . . .

I was made aware of an attorney several years ago who was filing complaints right and left in re: to ADA violations "on behalf" of a group of folks who were more or less just trolling for settlement money. So I don't think it would be a big deal to prove non-compliance.

Ideally, if an office building does not have auto doors, there would be an elevator, and indeed, there are regs that cover this . . . however, as several others have mentioned, the age of the building, "suitability of purpose" of the building and what it has been approved for as far as use . . . plus grandfathering in "remedies" - who knows how someone can get around retrofitting/compliance.

I will say, tho, that any corporation making as much money off residents as a bank would surely want to be a good corporate citizen and simply DO WHAT IS RIGHT without the need for scrimping on a safe, accommodating workspace for all employers and visitors.

It would not look good for a company making so much profit to be willing to disrespect its workers (and the business community) by cutting corners on accommodations that make the workplace friendly for any person who is qualified to work there. Otherwise, it starts looking like a form of discrimination -- to me, anyway. You can be in compliance with a reg but out of synch with the spirit of the law.
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