presented by julie schafer, rls and associates september 30,2015

Customer Service The Tough Issues – Bedbugs

in Public Transit Presented by Julie Schafer, RLS and Associates

September 30,2015

What are bed bugs? Wingless insects that feed on blood Three stages: egg, juvenile, adult Small but visible at all stages Usually found in beds Can be found anywhere in a room Can not fly or jump Can run fast and climb

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Bed bugs don’t play favorites Anyone can get bed bugs In most cases, people carry bed bugs into

their homes unknowingly – in infested luggage, furniture, bedding, or clothing. Bed bugs may also travel between apartments through small crevices and cracks in walls and floors

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1. Hotels/motels: 75 percent2. College dorms: 47 percent3. Nursing homes: 46 percent4. Schools and day care centers: 41 percent5. Office buildings: 36 percent6. Hospitals: 33 percent7. Transportation (train/bus/taxi): 21 percent8. Retail stores: 15 percent9. Libraries: 12 percent10. Movie theaters: 10 percent11. Laundromats: 9 percent12. Restaurants: 7 percent

Most Common Public Locations

http://www2.epa.gov/bedbugs/bed-bug-information-clearinghouse

http://extension.entm.purdue.edu/publichealth/insects/bedbug.html - Tim Gibb

http://www2.ca.uky.edu/entomology/entfacts/ef636.asp

https://secure.in.gov/isdh/24955.htm County Health Department

Resources for Information




http://extension.entm.purdue.edu/publichealth/insects/bedbug.html






https://secure.in.gov/isdh/24955.htm

https://secure.in.gov/isdh/24955.htm

What are the health risks? Bites - must bite to feed on blood Reactions to bites vary widely Most common symptom is itchy welts Scratching welts may cause infection Never shown to pass disease to humans Some experience allergic reactions or

severe skin reactions

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General Travel Protection Tips

Check seat area before sitting Carry as few extra items with you as possible Keep personal items in lap Inspect bags or personal items before taking

inside home Check clothing before entering home Put belongings in clear plastic bags

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Protection Tips: Drivers Use separate clothes and shoes for work Shake clothes outside before entering car Change clothes at work Seal work clothes in clear plastic bag for

laundering◦ Launder work clothes with hot water and high

heat dryer Inspect own living and work space regularly

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Protection Tips: In the Office Limit personal belongings permitted in the

office Limit plush furniture Inspect office regularly Hire pest control at any sign of bed bugs

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Teach drivers how to complete bed bug inspection during pre and post trip inspections

Maintain 70% isopropyl alcohol on the vehicle to kill live bugs

Vacuum vehicle frequently Treat vehicles periodically (monthly) if

possible◦ Steam clean◦ Pesticides

Protection Tips: On the Vehicle

Remove vehicle from service immediately and treat if evidence found

Protection Tips: On the Vehicle

Basic Inspection Tips Check for small stains on seats and walls Look for shed skins, amber in color Check crevices Check screw and nail holes Check underside of seat Check seatbelts

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New York Subway – 21 bedbug sightings in August with 16 trains involved. ◦ Treated with pesticide spray

Detroit/SMART – ? buses involved ◦ Treated with pesticide spray periodically

Phoenix Metro - ? buses involved◦ Treated with pesticide spray periodically

Rabbit Transit – York PA, 3 of 87 buses involved◦ Glue traps on buses◦ Heat treatments on a regular basis

Bedbugs on Public Transit

Although bed bugs are not known to transmit disease, they are a pest of significant public health importance. Bed bugs fit into a category of blood-sucking ectoparasites (external parasites) similar to head lice (Pediculus humanus capitis). Bed bugs, like head lice, feed on the blood of humans but are not believed to transmit disease.

Source: EPA

Impact on Public Health

Bed bugs are not known to ‘transmit’ disease-causing pathogens through their own feeding but it has been documented that they may harbor many harmful pathogens on or in their bodies. It seems probable that heavy infestations of bed bugs and their associated fecal matter, might ‘transfer’ pathogens via open sores, which may lead to further health problems.

Source: Tim Gibb, Purdue University Entomology Dept.

Impact on Public Health

FTA offers no guidance EPA has no authority Indiana does not have any laws or

regulations County health department cited as local

authority

Guidance for Public Transit

Ken Thompson, Easter SealsConsider the FTA, “Final Rule for People with Disabilities,” that adds a definition for “direct threat” to the definitions in 49 C.F.R. § 37.3. “Direct threat” is defined as “a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices or procedures, or by the provision of auxiliary aids or services.” This definition is consistent with the DOJ’s regulations, and focuses solely on whether an individual poses a significant threat to others; it does not include threats to self. August 14,2015

Denying Service Guidance

Ken Thompson, Easter SealsThe direct threat definition should be considered in circumstances where you suspend or refuse service to the rider. Health department responses and support are key for the transit agency. Document efforts where you worked with the person so they could continue to ride such as various ways that the operator communicated with the rider on the bed bug issue, etc.

August 14,2015


Ken Thompson, Easter SealsFirst, you may want to go to your local health department and talk with someone in environmental health. They can help with eradication at the source and can also be back-up for your decision to temporarily suspend service if needed. Always include the limits and conditions of the suspension so that the person understands what needs to be done to resume service.

August 14,2015


Denying service to anyone should always be a last resort and must be supported by documentation◦ Confirm an issue exists:

Are bedbugs present on person or personal items? Are bedbugs found on the vehicle after the person

exits? Must the vehicle be removed from service to

eradicate bedbugs? Is the presence of bedbugs inhibiting the delivery of

public transit service?

Denying Service/Service Suspension

Confirm an issue exists: Discreetly and confidentially address concern with

the individual and document Seek assistance from your county health department


If you determine suspension of service must be implemented make sure:◦ You have documented the reason for suspension

and efforts to resolve the issue◦ You notify the individual/individuals involved

Notification must include appeal procedure Conditions of suspension Resolution required to resume service


Dear _________,This letter is to inform you your riding privileges on Chillicothe Transit System (CTS) are suspended effective August 15, 2015. The suspension is a result of multiple confirmed incident reports of bed bug present on your clothing and other items carried onto the bus. Upon your exiting the CTS bus, bedbugs were found present and active on the vehicle requiring the vehicle to be removed from service and treated. Each time the vehicle was out of service for a period of at least two hours for treatment.

Service Suspension Example

The Centers for Disease Control and Prevention (CDC) and the U.S. Environmental Protection Agency (EPA) has issued the following guidance:

Although bed bugs are not known to transmit disease, they are a pest of significant public health importance. Bed bugs cause a variety of negative physical health, mental health and economic consequences.

Service Suspension Example Cont.

Given the potential to transfer of invasive pests to others and the hardship caused by removing a CTS vehicle from service for extended periods of time, we ask that you not ride the CTS public transit system until the issue is resolved. If you need assistance resolving a bed bug or other pest issue please contact your local health department at (740) 775-1146. CTS is willing to work with you to determine a reasonable solution to this issue and looks forward to serving you again in the near future.

Service Suspension Example Cont.

Suspension terms: Service is suspended effective August 15,2015

and until the risk of exposure and transfer is contained.

Notice: A rider who is subject to a suspension will be

notified by U.S. mail and how to appeal the suspension.

Service Suspension Example Cont

Appeal of suspensionSuspensions may be appealed in writing or in person by appointment. Appeals shall be overturned only if the information that the suspension is based upon is incorrect. A suspension may not be overturned because it causes a hardship for the passenger. All decisions will be made in writing and a copy placed in the passenger’s file. Individuals wishing to appeal a suspension may contact:Tamra Lowe, City of Chillicothe Civil Rights and EEO Officer 575 East 7th Street Chillicothe, OH(740)773-8033

Service Suspension Example Cont

The example suspension of service letter was issued for an extreme situation and was determined necessary by CTS management. The service suspension was not appealed and therefore has not been scrutinized by any civil rights or legal departments.

Suspension Example Disclaimer

◦ Bedbugs were falling off of the individual and the individual’s wheelchair

◦ Bedbugs were present and alive on a reduced fare application submitted by the individual

◦ The vehicle was immediately removed from service for cleaning and over 30 bedbugs were present on the vehicle

◦ The health department and housing authority confirmed a home infestation

Suspension Example Situation

Bed bugs are not known to transmit disease Exposure to bedbugs is more likely at:

◦ Hotels◦ College dorms◦ Nursing homes◦ Schools and Daycare centers◦ Offices◦ Hospitals

Service cannot be denied or suspended because of a nuisance or inconvenience

Rumor is not evidence

Cautions and Considerations

The bedbug problem is expected to get worse over the next couple of years before getting better

Proper investigation, attempted resolution and documentation will help to protect you in a civil rights lawsuit

Education and prevention measures may be your best defense

Cautions and Considerations

Public Transit Brochure and Best

PracticesPresented by Julie Schafer, RLS &

Associates, Inc.

The five W’s and one H◦ Who◦ What ◦ Where◦ When◦ Why◦ How

The system brochure is the primary marketing and service communication tool for most of Indiana’s rural transit systems

Brochure Purpose

Section 5311 requires services be advertised and open to the public

Effective communication of ADA compliance Effective communication of Title VI and Civil

rights compliance SYSTEM MARKETING COMMUNITY EDUCATION COMMUNITY AWARENESS

Brochure Purpose

Market service as “open to the public”

Your brochure must include a statement or information that clearly defines your service as public transit

Public TransitPublic TransportationCommunity Transit Area TransitCounty Transit

Section 5311

Public Transit must comply with Title VI and Civil Rights non-discrimination laws and regulations◦ Title VI compliance statement◦ Non-discrimination statement◦ Compliant contact method

Title VI

Demand responsive service shall be deemed to provide equalivant service for individuals with disabilities including individuals who use wheelchairs. Service equivalence characteristics include:◦ Response time◦ Fares◦ Geographic service area◦ Hours and days of service◦ Restrictions or trip priorities◦ Availability of information and reservation

capability◦ Capacity constraints and service availability

ADA

Response time◦ Include information on how to schedule a trip

Scheduling hours Scheduling window Advance notice required Same day or will call service Pick up window Wait time Curb or curb Door to door Waiting lists

ADA Brochure Information

Geographic service area◦ Define service area

Within Paradise County Within Oceanview City limits Providing service throughout Blue, Green, Yellow, and

Pink Counties Service also available to Indianapolis on Wednesdays Out of county service within a 50 mile range Ocean

City

ADA Brochure information

Hours and days of service◦ Include service hours

Transportation service is available weekdays 6am to 6pm.

ABC transit is closed on the following holidays; New Years day Good Friday Memorial Day

ABC transit operates limited service 9am to 2pm on Thanksgiving Friday and Christmas Eve


Restrictions or priorities based on trip purpose.

◦ ABS Public Transit schedules all trips on a first come, first served basis. Trip requests are scheduled on a time and space availability basis.

Caution: INDOT prohibits charter service. Some group trips, after hours trips, etc. could be considered charter. Seek advise from INDOT before providing these services.


Availability of information Brail Large Print Audio Electronic files Spanish Interpreter service

LEP requires alternate language information to be available for populations of 5% or 1000 individuals in service area

ADA and Civil Rights Brochure Information

Availability of information

◦ Access to communication Telephone number Website and email Address TTY/TDD/Relay services Interpreter services Online booking

ADA and Civil Rights Brochure Information

Capacity Constraints and service availability◦ Accessible vehicles◦ Transport of mobility devices◦ Transport of escorts or personal care attendants◦ Transport of service animals◦ Transport of portable oxygen and respirators◦ Reasonable accommodations/service modification

requests

Driver training should include use of accessibility equipment and priority seating


Fares

◦ Public transit is required to have an established fare structure. That fare structure may be “Fare Free” however the fare structure must be established

◦ ADA regulates that differences in fares cannot be based on whether someone has a disability

ADA and FTA Brochure Information

Fares◦ Base fares◦ Zone fares◦ Out of service area◦ Discounted fares◦ Child fares◦ Transfers

ADA and FTA Brochure Information

Content◦ Mission Statement◦ System Logo◦ Driver qualifications◦ Pictures◦ Donor/Funder acknowledgement◦ Revision/Publish Date ◦ Safety policies

Weather Seatbelt use Child restraints Flag stops

Brochure Best Practice

Content◦ Service Policies

Cancellations No shows Prohibited activities that result in service denial or

suspension Rider courtesy Carry on limits Wheelchair ramp requirement Non service animals Transporting children restrictions Exact fares required

Brochure Best Practices

Service Denial◦ ADA requires a behavior or action must pose a

“direct threat” to the safety or health of oneself or others for denial of service

◦ Must be able to demonstrate that the threat cannot be eliminated or reduced by reasonable accommodation

ADA and Service Policies

Suspension of Service No shows and Cancellations

◦ Suspension of service for excessive cancellations and no shows must be enforced consistently and cannot be based on number of cancellations over a period of time. Individuals riding everyday or multiple times per day cannot be held to the same standard as someone riding occassionally

◦ No shows and cancellation policies must be based on a percentage of no shows or cancellations over a period of time.

ADA and Service Policies

Keep It Simple

◦ Block and Arial are easiest to read◦ Limit information where possible, refer to riders

guide for more detailed information◦ Investigate use of color, some colors are grab

attention and are easier to read. Green is rated as a poor color choice for printed materials

Brochure Best Practices

ABC reserves the right to suspend from services any person, who establishes a pattern or practice of missing scheduled trips without calling to cancel their scheduled trip. ABC will work with qualified persons to reduce their no shows prior to suspending service. ABC will also review all no shows to ensure the process was followed properly to accurately record the number of occurrences. No shows that exceed 20% per month may result in service suspension. The first occurrence of 20% or more per month may result in a 1 week service suspension. The second occurrence within a 3 month timeframe may result in a 2 week suspension of service. The third occurrence within a 6 month timeframe may result in a 3 week suspension. The forth occurrence in a 6 month timeframe may result in a 4 week suspension. All suspension decisions will be the responsibility of the Transit Director and subject to appeal.

Example No Show Policy

INRTAP will post the following brochure with the RTAP resources. The brochure is provided as a WORD document and can be edited and customized for your individual transit system.

Example Brochure

SERVICE AREA ABC provides demand response, curb-to-curb, advance reservation transportation service within Bewildered County. Door-to-door service is also available on request for those needing reasonable assistance beyond the curb. ABC is public transportation so anyone can ride! Riders must share the bus with others who are traveling at the same time and in the same direction.

SERVICE HOURS

Weekdays: 6:00 A.M. – 6:00 P.M.

HOLIDAYS ABC is closed on all Federal holidays

ABC IS ACCESSIBLE Individuals with mobility disabilities are welcome to use wheelchairs and manually powered mobility aids, i.e., walkers, crutches, canes, braces, or other similar devices designed for use by individuals with mobility disabilities.

REASONABLE ACCOMODATIONS Individuals needing a service accommodation or modification must notify ABC of request when making a reservation. ABC will attempt to honor all reasonable accommodation requests.

TRANSPORTATION OF CHILDREN An adult must accompany all children younger than 9-years old unless the child’s parent or guardian has made prior arrangements.

PORTABLE OXYGEN AND RESPIRATORS ABC transports individuals traveling with portable oxygen tanks and respirators. For safety reasons, portable oxygen tanks must be able to be secured.

SERVICE ANIMALS

ABC welcomes service animals. Individuals riding with service animals must control the service animal. Riders are permitted to bring Non-Service animals on board, however they must be caged.

FARE INFORMATION Our service area is divided into "Grid Areas". Each "Grid Area" is approximately five (5) square miles. Each one-way trip costs $1.00 base fare for the first initial "Grid Area" traveled and an additional 50 cents for each additional "Grid Area" traveled. To find out the exact cost of a trip between two points in the service area call the ABC office at (812)111-1111.

REDUCED FARES Riders 65 years and older, disabled or children 12 and under are eligible for a reduced fare. The Elderly &Disabled (E&D) or Child Reduced Fare is half price of the regular general public fare. For more information or to apply for the E&D or Child Reduced Fare contact ABC at (812)111-1111.

HOW DO I PAY FOR MY TRIP You are expected to pay your fare with correct change, a ticket or be covered by a contract as you board the bus. Drivers are not permitted to make change. We can’t transport you unless you pay for your trip or your trip being paid for under a contract with ABC. Donations to ABC are gladly accepted, however tipping the driver is not permitted.

TITLE VI ABC complies with Title VI of the Civil Rights Act. All services are provided without regard to age, national origin, sex, religion, disability, or gender identity. Persons wishing to file a Title VI complaint should contact the Transit Specialist at (812)111-1111.

ABC Access Bewildered County

Public Transit

Mission Statement: It is our mission to provide safe, reliable,

affordable and efficient public transportation in the Bewildered County area

Phone (812) 111-1111 Fax (812) 222-2222

Indiana Relay Service Dial 711 or (317)334-1413

(For the Hearing Impaired) 601 Eighth Street

Wondering, IN 47000 www.bewildered.org

"Meeting Needs & Providing Choices"

Brochure Revised 9/29/2015

SERVICES FUNDED IN PART BY: The Federal Transit Administration, and the Ohio Department of

Transportation

TRIP RESERVATIONS All trips are scheduled in advance on a first come, first served basis and are scheduled on a time and space availability basis. Trip reservations must be requested 24 hours in advance of requested pick up time. To register or to schedule trips call (812)111-1111 between 8:00 am - 4:00 p.m. Monday - Friday. Trips cannot be scheduled by telling a driver. Hearing-Impaired persons can call the Indiana Relay Service at 711 or (317)334-1413 for assistance in scheduling trips. Same day add-on trips will be accommodated if there are openings on that day's schedule. Please let us know if you have special needs such as if you are traveling in a wheelchair, with an attendant, service-animal, portable oxygen tank or respirator, etc.

WILL CALLS Sometimes it may not possible to schedule a time for your return trip. If this is the case you can schedule a Will Call. With a Will Call you call when you are ready to go. Unfortunately, because Will Calls don't have a scheduled time there may be a long wait before you can be picked up. You may also have to wait for a bus that is heading to your part of the county. For best service you should only schedule a Will Call as a last resort.

RIDER PICK UP ABC HAS A 15 MINUTE PICK-UP WINDOW.

THIS MEANS THAT THE BUS CAN ARRIVE TO PICK YOU UP ANYTIME FROM 15 MINUTES

BEFORE TO 15 MINUTES AFTER YOUR SCHEDULED PICK-UP TIME

CANCELLATIONS AND NO SHOWS

You must be ready to go and be outside or waiting where you can see or hear the bus and be seen by the driver anytime during the pick-up window. Once the bus arrives it will only wait 5 minutes before moving on and reporting you as a

No Show. Once the bus leaves your pick-up point it may not be able to come back. It is important that if you don't need your trip that you cancel at least 30-minutes prior to your scheduled pickup time. Cancellations can be left on our voice mail when the office is closed.

If the bus arrives to pick you up and the driver cannot locate you or you have failed to cancel your trip at least 30-minutes prior to your scheduled pickup time you will be considered a No Show. No Shows waste time and money, make other passengers late and cause service denials to others. If you are reported as a No Show subsequent scheduled trips for that day are automatically cancelled until we hear from you to confirm your schedule.

If you recorded as a No Show for 20% or more of your scheduled rides within a 60-day period your service will be suspended for 10-days. You can appeal your suspension by calling ABC at (812) 111-1111 and asking to speak to the Transportation Specialist.

SAFETY

Seatbelts must be worn at all times while the vehicle is in motion. All wheelchairs must be secured. Passengers must remain seated with seatbelts fastened until the vehicle has come to a complete stop. Children less than 4-years old or 40-lbs. must be secured in a car seat. Children between the ages of 4 and 8-years old and less than 4'9" must use a booster seat. Car and booster seats are the responsibility of the parent or guardian.

RIDER COURTESY

Our service is shared ride. We expect you to be respectful and courteous to others. Please don’t eat, drink, chew tobacco, play loud music, engage in loud conversation, cuss, or touch or disturb others on the bus.

PROHIBITED ACTIVITIES No smoking permitted on the vehicle. No open containers of alcohol permitted on the vehicle.

Illegal acts, threats or acts of physical violence will not be tolerated. ABC will contact law enforcement for assistance in threatening situations. Any rider who poses a “direct threat” to the health or safety of others will be denied service.

ASSISTANCE Our service is provided from the curb at your pick-up point to the curb at your destination.

The driver may assist you to and from the curb when boarding or leaving the bus, but is not permitted to enter a residence or building.

An escort or personal care attendant may accompany you at no charge.

The driver is trained in passenger assistance and will secure all wheelchairs and help secure packages and assist with seatbelts if needed.

Riders are requested to limit carry-on bags to 5 paper or 10 plastic bags. Bags must be small enough not to obstruct other riders and stored out of the aisles. It is the responsibility of the rider or their attendant to load & unload bags. Drivers will assist if necessary.

Inclement Weather

For possible delays or closure please listen to FM radio 11.1 or check www.bewildered.org. Due to poor road conditions, remoteness or other conditions service may not be available in all areas.

THIS BROCHURES IS AVAILABLE IN

ALTERNATIVE FORMS UPON REQUEST Interpreter Services Are Available

INDOT ANNUAL CONFERENCESEPTEMBER 30, 2015

PRESENTED BY:

JULIE SCHAFERRLS & ASSOCIATES, INC.

USDOT’s Regulation on Reasonable Accommodation

Overview

♦ Introduction & Background♦ Amendments

○ 49 CFR part 27○ 49 CFR part 37

♦ Concept of Reasonable Accommodation♦ Reasonable Accommodation Exceptions♦ Meeting New Requirements♦ Examples♦ Conclusion/Q & A

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Overview

♦ USDOT Published Final Rule on March 13, 2015

♦ Rulemaking – Almost 10 Years in the Making○ NPRM - 2006

♦ Applies Concept of Reasonable Accommodation to USDOT Covered Entities○ New Definitions○ Practice Changes○ Effective Date: July 13, 2015

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Background♦ Title II of the ADA

○ State and Local Governments (DOJ) Reasonable Modifications to Policies, Practices, and

Procedures Where Necessary to Avoid Discrimination, Unless They Can Demonstrate That Doing So Would Fundamentally Alter the Nature of the Service, Program, or Activity

○ Public Transit (DOT)♦ Title III of the ADA

○ Places of Public Accommodation

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Background♦ DOJ and DOT Have Oversight

Responsibilities in Their Respective Sections of Article II

♦ DOT Contention That Reasonable Accommodation Always Applied to Entities Covered by DOT Rule

♦ Courts Have Not Always Agreed With that Assessment

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Background♦ This Rule Clarifies That Elements of the DOJ

Rules Apply to Public Transit Service Providers○ 28 CFR 35.130(b)(7)

♦ USDOT Issued These Rules So There Is an Explicit Requirement

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Amendments

♦ What the Rule Does○ Amends the Section 504 Rule (49 CFR part 27)

on Types of Discrimination Prohibited Adds Definition of Reasonable Accommodation

• Cross Reference to DOJ Regulation Requires Complaint Process and Designation of

Responsible Individual

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Amendments

♦ What the Rule Does○ Amends the USDOT Rule on the ADA (49 CFR

part 37) Adds Definition of “Origin-to-Destination” Service Clarifies Circumstances When Services Can be

Refused (Codifies Previous Issued Guidance) Requires Both Public and Private Transportation

Entities to Make Reasonable Accommodation• Public Entities

» Designation of Responsible Employee and Complaint Procedures

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Reasonable Accommodation

♦ Applies to ○ Policies○ Practices○ Procedures

♦ Applies When a Change in Policy, Practice, or Procedures Would Avoid Discrimination on the Basis of Disability (e.g., Refusal of Service)

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Exceptions

♦ Accommodation Would○ Be a Fundamental Alteration the Nature of the

Service○ Create a Direct Threat to the Health or Safety of

Others○ Passenger is Able to Fully Use the

Transportation Entity’s Service Without Accommodation

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Exceptions

♦ If An Exception Applies, the Entity May Deny Request

♦ If Denial, Additional Obligations Apply○ Take Other Actions To Ensure The Disabled

Person Receives Transit Service (49 CFR part 37.169(e))

Denial of Service Should be Transit Agency’s Last Option

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Responsible Employee

♦ Each Recipient Shall Designate at Least One Person to Coordinate Its Efforts to Comply With The Regulation○ ADA Manager○ Special Services Coordinator○ Operations Supervisor

♦ No Regulatory Qualifications or Training Specified in the Rule

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Responsible Employee

♦ While There are No Regulatory Training Requirements, The Designated Employee is Responsible for Making Decisions That Impacts an Individual’s Civil Rights○ Must be Trained on ADA/Reasonable

Accommodation Rule○ Should Have Authority to Make Key Operational

Decisions

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Complaint Procedure

♦ Required Under Both Section 504 and the ADA Rules

♦ Adopted Procedures Must Provide for the Prompt and Equitable Resolution of Complaints Alleging Any Action Prohibited by this Part

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Complaint Procedure

♦ Must be Advertised○ Designated Employee

Name Address Telephone Number E-Mail Address

♦ Where?○ Agency Website○ Printed Consumer Information

Ensure Accessible Formats76 of 47

Complaint Procedure

♦ Due Process○ Ensure that an Administrative Alternative is

Available So that an Individual Can Appeal an Adverse Decision on Reasonable Accommodation

Have Another Individual/Group Hear the Appeal Permit Presentation of Evidence/Direct Appearance Establish Fixed Milestones for Filing, Deliberating,

and Ruling on Appeals○ ADA Eligibility Determinations May Represent a

Model for Structure77 of 47

Complaint Procedure

♦ Prompt Response○ No Timeframe in Rule

♦ Elements of the Response○ Response Decision○ Reasons For the Response○ Appeals Procedures○ Recommend that Response be in Writing

Retain Documentation on File

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Reasonable Modification

♦ A reasonable modification is a change or exception to a policy, practice, or procedure that allows disabled individuals to have equal access to programs, services, and activities.

Modification Requests

♦ Individuals Making a Request○ Must be a Qualified Individual with a Disability

(per ADA definition)○ Should Describe the Requested Modification○ Need Not Identify the Request or Use the Term

“Reasonable Modification” in Order to be Considered

○ Should be Requested in Advance, if Possible

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Modification Requests

♦ Individuals Making a Request○ Where a Request for Modification Cannot

Practicably be Made and Determined in Advance

Operating Personnel of the Entity Shall Make a Determination of Whether the Modification Should Be Provided at the Time of the Request

Operating Personnel May Consult With The Entity’s Management Before Making a Determination to Grant or Deny the Request

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Origin-to-Destination Service

♦ Codifies Previous FTA Guidance that ADA Complementary Paratransit Service Must be Origin-to-Destination

♦ Under this Standard○ Entity May Continue to Use Curb-to-Curb

Passenger Assistance Policies But Must, For Individuals Who May Need Such Assistance, Provide Origin-to-Destination Service

○ May Require an Operator to Leave a Vehicle

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Origin-to-Destination Service

♦ This Standard Does Not Require an Operator to Provide Door-Through-Door Service○ Other Guidance

Assistance Would Result in a Fundamental Alteration or Direct Threat is Not Required

Practical Interpretation• Drivers Are Not Required to

» Leave Vehicles for Lengthy Periods of Time» Leave Their Vehicles Unattended or Lose the Ability to

Keep Their Vehicles Under Visual Observation» Take Actions that Would Be Clearly Unsafe

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Nondiscrimination

♦ Applies to All DOT Covered Entities○ Primary Requirement – Transport Unless the

Individual Engages in Violent Behavior Is Seriously Disruptive Exhibits Illegal Conduct Represents a Direct Threat to the Health or Safety of

Others

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Nondiscrimination

♦ Applies to All DOT Covered Entities○ An Entity Cannot Refuse to Provide Service to

an Individual with Disabilities Solely Because the Individual’s Disability Results in Appearance or Involuntary Behavior that May Offend, Annoy, or Inconvenience Employees of the Entity or Other Persons

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Nondiscrimination

♦ Private Entities○ DOJ Regulations on Reasonable Accommodation

Apply♦ Private Entities Providing Public Transit

Service○ Similar Rules – Reasonable Accommodation

♦ Public Entities○ DOJ Rules Apply

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Oversight

♦ Direct Recipients○ Unnecessary to Obtain FTA Permission in

Making Reasonable Accommodation Decisions♦ Subrecipients

○ INDOT Will Require All Subrecipients to Have a Designated Employee and Procedures

○ INDOT Will Monitor Through the Current Compliance Monitoring Program

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Likely Impacts

♦ Real Time, Situational Decisions at Fixed Route Bus Stops

♦ Occasional Complementary Paratransit and Demand Response Requests for Alternative Drop-Off/Pick-Up

♦ Higher Levels of Passenger Assistance Requests○ May Challenge Safety of Other Concept

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Likely Impacts

♦ Most Indiana Systems Demonstrate a Very Pro-Active, Mobility Oriented Approach to Service Delivery ○ Systems Likely to Have Addressed These One-

on-One Issues in the Past♦ Ensure Some Flexibility in Service Policy

○ Rigid Application of Service Rules to Deny Mobility Would be Inconsistent With the New Rule

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Some Examples

♦ The Next Several Slides Illustrate Some Situations Cited by FTA and Suggested Actions

♦ Not Prescriptive, But Suggestive

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Some Examples

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Topics Scenarios

Operating Parameter

Environmental conditions at pick-up or drop-off locations

Applicable Mode Fixed route, complementary paratransit, demand response

Condition Snow or ice at the stop or accessible pathway

Modification Request

Provide additional passenger assistance beyond curb-to-curb


Grant the request. For complementary paratransit, this would be consistent with “origin-to-destination” requirements.

Some Examples

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Topics Scenarios

Operating Parameter Environmental conditions at pick-up or drop-off locations


Condition Snow or ice at the stop or accessible pathway

Modification Request Move bus to different, but approximate location to the existing stop, to allow for safer lift deployment and passenger egress/access


Grant the request. Discretion must be used by the bus operator on reasonable proximity of the alternate location (if any) and new safety concerns that may be present at these alternate stops. Traffic, parked cars, and other factors beyond control of the driver may have to come into play that would result in a decision not to grant the request.

Some Examples

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Topics Scenarios

Operating Parameter Private property

Applicable Mode Complementary paratransit, demand response

Condition Lack of transit agency access to property

Modification Request Access the private property to pick-up or drop-off passenger


The transit system should make every reasonable effort to gain access to such an area (e.g., work with the passenger to get the permission of the property owner to permit access for the paratransit vehicle); if permission is gained, grant the request provided locations do not impose a safety threat. Transit agencies are not required to illegally access private property in order to meet this rule.

Some Examples

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Topics Scenarios

Operating Parameter

Fare handling


Condition An individual’s disability precludes the person from depositing fares into fare collection devices.


Provide passenger assistance in the deposit of fare revenue or processing of other media


Grant the request; assist the passenger with payment. Transit personnel are not required to reach into pockets or backpacks in order to extract the fare media.

Some Examples

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Topics Scenarios

Operating Parameter Eating or drinking


Condition Medical condition requires some consumption of liquids to avoid adverse health consequences.

Modification Request Permit drink or food on-board vehicle.


The request should be granted, even if the transportation provider has a policy that prohibits eating or drinking. This may result in other passengers requesting similar privileges and create issues; transit systems should advise passengers, to the extent possible, to consume such liquids or foods prior to system boarding.

Some Examples

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Topics Scenarios

Operating Parameter

Separate wheelchair and passenger boarding


Condition Combined weight of chair and passenger exceed the lift capacity


Allow passenger to board the vehicle separately in order to be under lift capacity


A wheelchair user’s request to board a fixed route or paratransit vehicle separately from his or her device when the occupied weight of the device exceeds the design load of the vehicle lift should generally be granted.

Some Examples

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Topics Scenarios

Operating Parameter

Designation of specific vehicles or special equipment


Condition Additional equipment and/or use of a specific vehicle type could improve comfort


Passenger request that special equipment be installed in system vehicles or that a particular type of vehicle be dispatched for the individual’s trip


This request would not constitute a reasonable accommodation provided the vehicle meets ADA standards (49 CFR part 47). USDOT views meeting the request as involving a fundamental alteration of the provider’s service.

Some Examples

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Topics Scenarios

Operating Parameter

Dedicated vehicle


Condition Passenger prefers to ride alone


Passenger requests a dedicated vehicle


This request would not constitute a reasonable accommodation. This would represent a fundamental alteration of the entity’s services. Paratransit is by definition a shared-ride service.

Some Examples

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Topics Scenarios

Operating Parameter Package assistance


Condition Passenger requires assistance with packages

Modification Request Passenger requests driver to provide package assistance


A passenger’s request for a fixed route or paratransit driver to assist with luggage or packages may be denied in those instances where it is not the normal policy or practice of the transportation agency to assist with luggage or packages. Such assistance is a matter for the passenger or PCA, and providing this assistance would be a fundamental alteration of the driver’s function.

presented by julie schafer, rls and associates september 30,2015

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