Accommodation and Compliance Series:
Employers' Guide to Including Employees with Disabilities in Emergency Evacuation Plans

By Beth Loy, Ph.D and Linda Carter Batiste, J.D.

PREFACE

The Job Accommodation Network (JAN) is a service of the Office of Disability Employment Policy of the U.S. Department of Labor. JAN makes documents available with the understanding that the information be used solely for educational purposes. The information is not intended to be legal or medical advice. If legal or medical advice is needed, appropriate legal or medical services should be contacted.

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INTRODUCTION

Interest in emergency evacuation planning has increased dramatically over the last decade. The Job Accommodation Network (JAN) continues to receive calls from employers requesting information about their legal obligation to develop emergency evacuation plans and how to include employees with disabilities in such plans. This publication addresses these issues.

LEGAL REQUIREMENTS

Although employers are not required to have emergency evacuation plans under the Americans with Disabilities Act (ADA), if employers covered by the ADA opt to have such plans they are required to include people with disabilities. Further, employers who do not have emergency evacuation plans may nonetheless have to address emergency evacuation for employees with disabilities¹ as a reasonable accommodation under Title I of the ADA.² In addition, employers in certain industries may have obligations to develop emergency evacuation plans under the Occupational Safety and Health Act (OSH Act)³ or under state and local law.

Whether mandatory or voluntary, many employers decide to develop emergency evacuation plans. The following provides steps for including employees with disabilities in those plans.

¹ Title I of the ADA applies to private employers with 15 or more employees, state and local government employers, employment agencies, labor unions, and joint labor-management committees. Federal employers are covered by the Rehabilitation Act of 1973. Both laws prohibit employers from discriminating against people with disabilities in regard to any employment practices or terms, conditions, and privileges of employment.

² Title I of the ADA requires employers to provide reasonable accommodations to the known limitations of employees with disabilities. For additional information on reasonable accommodation, see Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the ADA at http://www.eeoc.gov/policy/docs/accommodation.html.

³ The OSH Act does not require that all employers have emergency action plans; however, the Act does require that employers from particular industries have emergency action plans (e.g., metal, chemical, and grain handling facilities). Employers must check particular industry codes to see if emergency action plans are required and what elements are necessary.

STEPS FOR INCLUDING EMPLOYEES WITH DISABILITIES IN EMERGENCY EVACUATION PLANNING

I. Plan Development

The first step for including employees with disabilities in emergency evacuation plans is plan development. Plan development begins with identifying accommodation needs. One of the best ways to identify accommodation needs is to ask employees whether they have limitations that might interfere with safe emergency evacuation. The Equal Employment Opportunity Commission (EEOC) has guidance that discusses what information employers are allowed to gather when developing an emergency evacuation plan.⁴ According to this guidance, there are three ways that an employer may obtain information:

• After making a job offer, but before employment begins, an employer may ask all individuals whether they will need assistance during an emergency.

• An employer also may periodically survey all of its current employees to determine whether they will require assistance in an emergency, as long as the employer makes it clear that self-identification is voluntary and explains the purpose for requesting the information.

• Finally, whether an employer periodically surveys all employees or not, it may ask employees with known disabilities if they will require assistance in the event of an emergency. An employer should not assume, however, that everyone with an obvious disability will need assistance during an evacuation. For example, many individuals who are blind may prefer to walk down stairs unassisted. People with disabilities are generally in the best position to assess their particular needs.

The ADA requires employers to keep all medical information confidential. However, first aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment or if any specific procedures are needed for emergency evacuations.

In addition to requesting information from employees, employers might want to hold mock evacuation drills to help identify needs that employees are unaware of; conduct hazard analyses to help identify hazards specific to the workplace; develop a method to identify visitors with special needs; and contact local fire, police, and HazMat departments for guidance.

Once accommodation needs have been identified, the employer should choose effective accommodation options. Often employees with disabilities are a good resource for accommodation ideas. In addition, employers should contact local fire, police, and HazMat departments to determine what services they can offer. Finally, employers can contact other resources such as JAN. JAN can provide specific accommodation ideas on a case by case basis. The following is an overview of frequently suggested accommodation ideas for emergency evacuation.⁵

⁴ Fact Sheet on Obtaining and Using Employee Medical Information as Part of Emergency Evacuation Procedures, http://www.eeoc.gov/facts/evacuation.html.

⁵ For information on products visit JAN’s Searchable Online Accommodation Resource (http://AskJAN.org/soar).

General Accommodations:

• Employers should have emergency alarms and signs showing the emergency exit routes. These alarms and signs should be accessible and maintained in proper working order.

• Employers may want to implement a "buddy system" for all employees. A buddy system involves employees working in teams so they can locate and assist each other in emergencies.

• Employers may want to designate areas of rescue assistance. Section 4.3.11 of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) specifically addresses areas of rescue assistance. If these areas do not have escape routes, they should have 1) an operating phone, cell-phone, TTY, and two-way radio so that emergency services can be contacted; 2) a closing door; 3) supplies that enable individuals to block smoke from entering the room from under the door; 4) a window and something to write with (lipstick, marker) or a "help" sign to alert rescuers that people are in this location; and respirator masks.

  • Locate information on TTYs from JAN’s SOAR at http://AskJAN.org/cgi-win/OrgQuery.exe?Hea84.

  • Locate information on respirators from JAN’s SOAR at http://AskJAN.org/cgi-win/OrgQuery.exe?Sol523.

Motor Impairments:

• To evacuate individuals with motor impairments, employers can purchase evacuation devices. These devices help move people with motor impairments down the stairs or across rough terrain. If evacuation devices are used, personnel should be trained to operate and maintain them.

  • Locate information on emergency evacuation devices from JAN’s SOAR at: http://AskJAN.org/cgi-win/OrgQuery.exe?Sol193.

• Employers should remove any physical barriers (boxes, supplies, furniture) to insure a barrier-free route of travel out of the building.

• Employers may want to provide heavy gloves to protect individuals' hands from debris when pushing their manual wheelchairs, a patch kit to repair flat tires, and extra batteries for those who use motorized wheelchairs or scooters. Arrangements should also be made to make wheelchairs available after evacuation.

Sensory Impairments:

• Employers should install lighted fire strobes and other visual or vibrating alerting devices to supplement audible alarms. Lighted strobes should not exceed five flashes per second due to risk of triggering seizures in some individuals. Section 4.28 of the ADAAG specifically addresses alarms.

• Employers may want to provide alerting devices, vibrating paging devices, wireless communicators, or two-way paging systems to alert individuals with hearing impairments of the need to evacuate.

  • Locate information on paging devices from JAN's SOAR at http://AskJAN.org/cgi-win/OrgQuery.exe?Sol493.

  • Locate information on alerting devices from JAN’s SOAR at http://AskJAN.org/cgi-win/OrgQuery.exe?Sol419.

• Employers should install tactile signage and maps for employees with vision impairments. Braille signage, audible directional signage, and pedestrian systems are also available. These products may benefit other people who must navigate smoke-filled exit routes.

  • Locate information on tactile signage from JAN’s SOAR at http://AskJAN.org/cgi-win/OrgQuery.exe?Sol231.

  • Locate information on tactile graphics and maps from JAN’s SOAR at http://AskJAN.org/cgi-win/OrgQuery.exe?Sol401.

• Employers may also want to provide alpha-numeric pagers or other communication devices to individuals with speech impairments so they can communicate with personnel in an emergency.

  • Locate information on communication aids from JAN’s SOAR at http://AskJAN.org/cgi-win/OrgQuery.exe?Sol267.

Cognitive/Psychiatric Impairments:

• Employers should consider ways of communicating with people who have cognitive impairments. For example, some individuals may benefit from pictures of buddies, color coding of escape doors and areas of rescue assistance, and information on tape or CD-ROM.

• Employers should consider the effects of training for emergency evacuation. Some individuals with psychiatric impairments benefit from frequent emergency drills, but for others practice drills may trigger anxiety. Notifying employees of upcoming practice drills and allowing them to opt out of participation may be a reasonable accommodation. In this case, another form of training for emergency evacuation procedures may be needed, for example providing detailed written instructions.

After effective accommodations are chosen, employers should decide who will be involved in implementing the evacuation plan, commit the plan to writing and share it with employees for feedback, practice the plan to make sure it works, and modify the plan as needed.

II. Plan Implementation

The second step for including employees with disabilities in emergency evacuation plans is plan implementation. After the final evacuation plan is written, a copy should be distributed to all employees and key personnel. In addition, an evacuation drill should be performed to make sure all employees are familiar with the plan. Finally, the plan should be integrated into the standard operating procedures.

III. Plan Maintenance

The final step for including employees with disabilities in emergency evacuation plans is plan maintenance. To insure that accommodations continue to be effective, the evacuation plan should be practiced and accommodations updated periodically. In addition, a system for reporting new hazards and accommodation needs should be developed; a relationship with local fire, police, and HazMat departments should be maintained; and new employees should be made aware of the plan. Finally, all accommodation equipment used in emergency evacuation should be inspected and maintained in proper working order.

Checklist

I. PLAN DEVELOPMENT.

A. Identify Accommodation Needs

• Ask employees to self-identify accommodation needs for emergency evacuation and assure employees that this is voluntary and confidential.
• Complete a hazard analysis to help identify workplace hazards that may impede emergency evacuation.
• Perform sample drills to help employees identify limitations that may affect their ability to evacuate in an emergency.
• Develop a method to identify visitors with special needs.

B. Investigate Accommodation Options

• Ask employees with disabilities for their accommodation ideas.
• Consult with local fire, police, and HazMat departments.
• Explore various accommodation options for emergency evacuation.

C. Finalize the Plan

• Identify and include key personnel who will be involved in emergency evacuation.
• Conduct mock drills with key personnel.
• Commit the plan to writing.
• Make necessary modifications to the evacuation plan.

II. PLAN IMPLEMENTATION.

• Distribute a copy of the evacuation plan to all employees. (Provide alternative format.)
• Conduct practice evacuation drills.
• Integrate the evacuation plan into the Standard Operating Procedures (SOPs).

III. PLAN MAINTENANCE.

• Develop a system for reporting new hazards and safety concerns.
• Create a procedure to identify the accommodation needs of new employees.
• Review and modify the evacuation plan after scheduled and unscheduled practice drills.
• Facilitate relationships with fire, police, and HazMat departments.
• Inspect and maintain emergency evacuation equipment.

RESOURCES: EMERGENCY EVACUATION FOR PEOPLE WITH DISABILITIES

Job Accommodation Network
West Virginia University
PO Box 6080
Morgantown, WV 26506-6080
Toll Free: (800)526-7234
TTY: (877)781-9403
Fax: (304)293-5407
jan@askjan.org
http://askjan.org/
The Job Accommodation Network (JAN) is a free consulting service that provides information about job accommodations, the Americans with Disabilities Act (ADA), and the employability of people with disabilities.

Office of Disability Employment Policy
200 Constitution Avenue, NW, Room S-1303
Washington, DC 20210
Toll Free: (866)633-7365
Direct: (202)693-7880
TTY: (877)889-5627
http://www.dol.gov/odep/
The Office of Disability Employment Policy (ODEP) is an agency within the U.S. Department of Labor. ODEP provides national leadership to increase employment opportunities for adults and youth with disabilities while striving to eliminate barriers to employment.

ASTM International
100 Barr Harbor Drive
PO Box C700
West Conshohocken, PA 19428-2959
Direct: (610)832-9585
Fax: (610)832-9555
service@astm.org
http://www.astm.org/
ASTM International is a not-for-profit organization that provides a forum for the development and publication of voluntary consensus standards for materials, products, systems, and services.

Access Board
Architectural and Transportation Barriers Compliance Board
1331 F Street, NW, Suite 1000
Washington, DC 20004
Toll Free: (800)USA-ABLE
Direct: (202)272-0080
TTY: (800)993-2822
Fax: (202)272-0081
info@access-board.gov
http://www.access-board.gov/
The Access Board is an independent Federal agency devoted to accessibility for people with disabilities. Key responsibilities of the Board include developing and maintaining accessibility requirements for the built environment, transit vehicles, telecommunications equipment, and for electronic and information technology providing technical assistance and training on these guidelines and standards enforcing accessibility standards for federally funded facilities.

American National Standards Institute
1899 L Street, NW, 11th Floor
Washington, DC 20036
Direct: (202)293-8020
Fax: (202)293-9287
info@ansi.org
http://web.ansi.org/
American National Standards Institute (ANSI) is a private, non-profit organization (501(c)3) that administers and coordinates the U.S. voluntary standardization and conformity assessment system.

American Red Cross
2025 E Street, NW
Washington, DC 20006
Toll Free: (800)733-2767
http://www.redcross.org/
(800)257-7575 (Español) In addition to domestic disaster relief, the American Red Cross offers compassionate services in five other areas: community services that help the needy; support and comfort for military members and their families; the collection, processing and distribution of lifesaving blood and blood products; educational programs that promote health and safety; and international relief and development programs.

American Society of Mechanical Engineers International
ASME International
Three Park Avenue
New York, NY 10016-5990
Toll Free: (800)843-2763
Direct: (973)882-1167
Fax: (973)882-1717
infocentral@asme.org
http://www.asme.org/
To promote and enhance the technical competency and professional well-being of our members, and through quality programs and activities in mechanical engineering, better enable its practitioners to contribute to the well-being of humankind.

Centers for Disease Control and Prevention
1600 Clifton Rd
Atlanta, GA 30333
Toll Free: (800)232-4636
TTY: (888)232-6348
http://www.cdc.gov/
The Centers for Disease Control and Prevention are dedicated to protecting the health and safety of people - at home and abroad, providing credible information to enhance health decisions, and promoting health through strong partnerships.

Equal Employment Opportunity Commission
131 M Street, NE
Washington, DC 20507
Toll Free: (800)669-4000
Direct: (202)663-4900
TTY: (800)669-6820
info@eeoc.gov
http://www.eeoc.gov/
The EEOC was established by Title VII of the Civil Rights Act of 1964 and began operating on July 2, 1965. The EEOC is the enforcing agency for several discrimination-related federal statutes, including Title I of the Americans with Disabilities Act of 1990 (ADA), which prohibits employment discrimination against individuals with disabilities. The EEOC's 800-number routes individuals to their closest field office.

Federal Emergency Management Agency
500 C Street, SW
Washington, DC 20472
Toll Free: (800)621-3362
TTY: (800)462-7585
http://www.fema.gov/
The Federal Emergency Management Agency - an independent agency reporting to the President is tasked with responding to, planning for, recovering from and mitigating against disaster.

Interagency Coordinating Council on Emergency Preparedness and Individuals with Disabilities
U.S. Department of Homeland Security
Office for Civil Rights and Civil Liberties
Building 410, Mail Stop #0190
Washington, DC 20528
Toll Free: (866)644-8360
Direct: (202)401-1474
TTY: (866)644-8361
Fax: (202)401-4708
disability.preparedness@dhs.gov
http://www.dhs.gov/interagency-coordinating-council-emergency-preparedness-and-individuals-disabilities

National Fire Protection Association
1 Batterymarch Park
Quincy, MA 02169-7471
Toll Free: (800)344-3555
Direct: (617)770-3000
Fax: (617)770-0700
custserv@nfpa.org
http://www.nfpa.org/
The mission of the international nonprofit NFPA is to reduce the worldwide burden of fire and other hazards on the quality of life by providing and advocating scientifically-based consensus codes and standards, research, training and education.

National Institute for Occupational Safety and Health
1600 Clifton Rd.
Atlanta, GA 30333
Toll Free: (800)232-4636
Direct: (513)533-8328
TTY: (888)232-6348
cdcinfo@cdc.gov
http://www.cdc.gov/niosh/
The National Institute for Occupational Safety and Health (NIOSH) is the Federal agency responsible for conducting research and making recommendations for the prevention of work-related disease and injury. The Institute is part of the Centers for Disease Control and Prevention (CDC).

National Organization on Disability
1625 K Street NW, Suite 850
Washington, DC 20006
Direct: (202)293-5960
info@nod.org
http://www.nod.org/
The National Organization on Disability promotes the full and equal participation and contribution of America’s 54 million men, women and children with disabilities in all aspects of life.

National Safety Council
1121 Spring Lake Drive
Itasca, IL 60143-3201
Toll Free: (800)621-7615
Direct: (630)285-1121
Fax: (630)285-1315
customerservice@nsc.org
http://www.nsc.org/
The mission of the National Safety Council is to educate and influence society to adopt safety, health and environmental policies, practices, and procedures that prevent and mitigate human suffering and economic losses arising from preventable causes.

Occupational Safety & Health Administration
200 Constitution Avenue
Washington, DC 20210
Toll Free: (800)321-OSHA
TTY: (877)889-5627
http://www.osha.gov/
The mission of the Occupational Safety and Health Administration (OSHA) is to save lives, prevent injuries, and protect the health of America's workers. To accomplish this, federal and state governments must work in partnership with the more than 100 million working men and women and their six and a half million employers who are covered by the Occupational Safety and Health Act of 1970.

United Spinal Association
75-20 Astoria Boulevard
East Elmhurst, NY 11370
Toll Free: (800)404-2898
Direct: (718)803-3782
Fax: (718)803-0414
info@unitedspinal.org
http://www.unitedspinal.org/
United Spinal Association’s mission is to improve the quality of life of all people living with spinal cord injuries and disorders (SCI/D). United Spinal was founded in 1946 by a determined group of paralyzed WWII veterans in New York City who advocated for greater civil rights and independence for themselves and their fellow veterans. Rejecting the poor treatment they received at their local VA hospital, they decided to form a support group. From these modest beginnings, United Spinal was born. Since then, our core belief has remained unchanged. Despite living with SCI/D, a full, productive, and rewarding life is within the reach of anyone with the strength to believe it and the courage to make it happen. United Spinal has built upon the strong foundation forged by our organization’s founders––never losing sight of their grassroots efforts to provide a voice to the disability community and to transform the public’s perception of wheelchair users. Today, United Spinal is the largest non-profit organization dedicated to helping people living with SCI/D. We are committed to providing active-lifestyle information, peer support and advocacy that empower individuals to achieve their highest potential in all facets of life.

Updated 09/12/11