KCDC ADA Information Network Message

Here is today's Kansas Commission on Disability Concerns (KCDC) Americans with Disabilities Act (ADA) Information Network message. I hope you have a wonderful day.?

Martha K. Gabehart | Executive Director
Kansas Commission on Disability Concerns (KCDC)
Kansas Governor Laura Kelly
900 SW Jackson, Suite 100 | Topeka, Kansas 66612
(785) 296-6525 (direct) | (785) 260-4027 (cell)

U.S. Department of Transportation Issues Notice of Proposed Rulemaking to Expand Protections for Airline Passengers Who Use Wheelchairs

Passengers who use wheelchairs often face accessibility barriers during air travel. In fact, more than 10,000 wheelchairs and other mobility devices are mishandled or damaged every year during air travel. In response to this, the U.S. Department of Transportation (DOT) has issued a Notice of Proposed Rulemaking (NPRM) that would dramatically expand the rights and protections of airline passengers who use wheelchairs.

The NPRM, entitled Ensuring Safe Accommodations for Air Travelers with Disabilities Using Wheelchairs, is designed to strengthen DOT?s rule implementing the Air Carrier Access Act (ACAA). Among other standards, the Department of Transportation is proposing to:

1. Mandate annual, hands-on training for airline staff and contractors who physically assist passengers and who handle passengers? wheelchairs.

2. Allow passengers to choose the company that will repair or replace their wheelchair if it?s mishandled with the airline covering the costs.

3. Clarify that airlines must provide prompt, safe, and dignified assistance to all passengers with disabilities.

If airlines fall short of any of these standards or mishandle a passenger?s wheelchair, the proposal ? if finalized ? would make it easier for DOT to hold airlines accountable for failing passengers who use a wheelchair. The proposed rule also clarifies that damaging or delaying the return of a wheelchair is an automatic violation of the ACAA.

Comments on the Notice of Proposed Rulemaking must be received within 60 days of the date it is published in the Federal Register. Comments can be filed on www.regulations.gov, docket number DOT-OST-2022-0144.

There is often a misconception that the ADA does not apply to Employee Only spaces, this is untrue. Exceptions do exist for Employee Work Areas, but all common use spaces need to be fully accessible, even those only serving employees. During this webinar on Thursday, March 7 at 2:30 p.m. (ET), presenters will explain the differences between employee only areas and employee work areas and where exceptions apply. Additionally, they will cover the Architectural Barriers Act (ABA) and Americans with Disabilities Act (ADA) requirements for the common areas that are most often found within employee only spaces, including accessible routes, break rooms/kitchenettes, and toilet rooms. Actual technical assistance scenarios will be used to provide real-life examples and further knowledge of applying the Standard to employee only and employee work areas.

For more information or to register, visit Great Lakes ADA Center?s Employee Work Areas and Break Rooms webinar webpage. All webinars include video remote interpreting (VRI) and real-time captioning. Questions can be submitted in advance of the session or can be posed during the live webinar. Webinar attendees can earn continuing education credits. The webinar series is hosted by the ADA National Network in cooperation with the Board. Archived copies of previous Board webinars are available on the site.


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