Researching a possible ADA issue

brentsdeli

Hello all,

This is my first time posting and I am hoping I can find some concrete and straight line directions to get a questioned answered for my organization. My office manager sent the following email:

"Last week there was a little person in the restroom that could not reach the handles for the faucets. I would like to get a step stool to leave in the bathroom, so this would not happen in the future. I don’t know if there might be an <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />ADA regulation that states the faucets need to be accessible to all, but I think it may make the little person embarrassed, etc, if they need to ask for assistance. <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />

 

Can you find out what the regulations are for this? If I do order a stepping stool for the restroom and someone is injured falling off of it, I would think we would be liable.

 

Can you please check with your connections and see what they think?"

 

I am hoping to get information about the agency - if there is any - that would deal with this kind of compliance/liability issue. Any leads would be great.

 

Thank you

 

 

SFbay

The Job Accommodation Network might be able to help you.  Its site seems to be down but when it reappears you can find it at

http://www.jan.wvu.edu/empl/index.htm

http://www.access-board.gov/

delihr

Thank you,

I will check it out.

TXHRGuy

Your office manager is correct in that you are liable if the person using the stool falls off it and gets hurt.  It's more likely a workers' comp issue than a matter of tort liability or personal injury or legal attack from any other theory since it would be a workplace issue no different than falling off of any other piece of company equipment (assuming the little person is an employee: liability insurance claim otherwise).  You could also install a wheel chair height sink.  Are you certain the rest room is ADA compliant?

delihr

I am not certain of that but I can check. Mostly I think we are trying to make accommodations that would benefit our clientele without incurring costly expenses.

 

 

BarbieW

I found some specific information on the JAN site related to accommodating little people that specifically mentions bathrooms at http://www.jan.wvu.edu/soar/littleperson/littleperson.html . I would think that there must be products out there specifically made for this situation with built in safeguards. Was this an employee who had the issue or was it a visitor to the workplace? If it's an employee, there's workers compensation for an injury. If it's a visitor, then that person would not be limited to workers compensation.