Issue link: http://psai.uberflip.com/i/1410461
6 I PSAI Association Insight, September 15, 2021 ADA Compliance and the Portable Sanitation Industry: Issues for Operators (continued from page 3) compliant units, and they find these smaller units easier to handle. To be sure, there are needs—such as providing a family-friendly unit—for which these larger units are a great choice. Typically, the units: • Offer enough space to perform at three-point turn in a wheelchair • Include a wide door with a latch, hinge, or other device for easier closing • Support a ramp or flat egress into the unit These units have their place, but they are just not ADA-compliant. Because of that, these "accessible" units should not be counted in the total units provided for compliance with the ADA. If you only have these units, we encourage you to add ADA-compliant units to your fleet as soon as practicable. Your customers are depending on you to ensure their event is compliant. If someone raises a compliance concern, your company will be held responsible, and nobody needs that. Moreover, it will send a message to the disability community that they are not valued or considered by our industry. Clear communication about the different wheelchair units with customers. Educating the customer on the initial phone call is very important. When a customer calls and requests a unit, they generally use the generic name "ADA" when placing their order. Make a point of explaining the difference between an ADA-compliant unit and a handicapped accessible unit. You may also wish to consider charging differently for these pieces of equipment, with the higher price being assigned to the ADA- compliant units. This can be justified due to the larger footprint, weight, and loading challenges. The PSAI has heard from operators using this approach who say they have had "very, very few objections to the price difference, primarily due to the education that we provide to the customer up front." Another approach from some operators is to use the larger accessible units on job sites which may need some units with more space, but where ADA units are not typically required. When speaking with customers, the companies urge use of the ADA-compliant units for special events requiring accessibility by law. An operator says, "Given the small suburban communities that we service, we have to be flexible. We explain the differences on the phone but the customer makes the final decision." Therefore, it is theoretically possible that a non-ADA-compliant unit will be chosen and placed where an ADA-compliant unit is required, even when the customer is aware of the compliance issues. Some operators feel once they have explained the differences to the customer, the legal burden is on the customer if equipment compliance is questioned. The PSAI is not sure it is legally possible to shift this responsibility to the customer, even with a signed waiver. The Association strongly recommends discussing this with your company attorney. An operator who has been in the portable sanitation business for many, many years has taken a more determined and legally sound approach. He states, "Several years ago, we made the decision to use only 'official' ADA units in our company." This person feels, "At least one potential exposure is eliminated" because every unit the firm places for ADA purposes absolutely meets ADA requirements. Placement of the units in the field. Communication with customers is key on ADA placement issues, just as it is with all other aspects of your work with them. One operator has guidelines they share with customers up front on this issue. (continued on page 7) 2. 3.