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Department of Justice
ADA
W. C. Duke Press Releases
Is Your Hotel A Target for Litigation?
When
it comes to the following ADA issues, your hotel may be a target:
ADA
Audit
The most overlooked requirement is that your facility has an ADA audit of its
current accessibility level. This written plan needs to be readily available
at any time when someone asks for it. If it isn't, you are in BIG trouble because
you are immediately in violation of the ADA. This will more than likely lead
to closer scrutiny of your property for noncompliance. Be sure your staff knows
where your ADA audit is located so they present it upon request.
This audit is a survey of existing accessibility barriers that you have identified.
Decide the solutions will best eliminate barriers at a reasonable cost and are
"readily achievable." Then prioritize which barriers need to be removed.
Whenever possible, complete your work in compliance with the priorities in the
survey. It is critical to demonstrate a "good faith" effort in meeting
the goals of accessibility. This includes documentation of everything you have
done and how you plan to address future requirements.
Devices for Guests with Hearing Loss
Hopefully you have these devices in a nice little suitcase tucked away
safely somewhere on your property. The problem may be that it is so carefully
put away that your staff does not know where these devices are or how they work.
If this is the case (or if you don't have the devices), you are 13 years out
of compliance for not having the TTY's, phone flashers, telephone handset amplifiers,
assistive listening systems, telephones compatible with hearing aids, vibrating
alarm clocks, visual smoke alarms, and door knock lights. This now places you
square in the bulls eye of the target.
Tub Seats
Most hotel executives are risk management fanatics. However, when it comes to
the bath in the wheelchair-accessible room, the most overlooked safety hazard
is the tub seat in the roll-in shower or the bathtub with handrails.
These
rickety seats pose a major liability because they don't meet ADA standards.
The
problem seems to be a lack of awareness on what to ask for. You need to have
a tub transfer bench. The illustration below shows how sturdy this device is.
Your guests with mobility impairments don't want a seat, they need the bench
for stability and ease of using the bath or shower. Without it, they risk becoming
a personal injury suit for your property.

Bed
Frames in the Accessible Room
It may never have occurred to you that the type of bed frame in the wheelchair-accessible
room is a safety hazard. For guests using wheelchairs, who may also use a mechanical
lift to get in and out of their chair, a bed with an open frame is a requirement.
Beds on pedestal or box frames are closed, making it impossible for this lift
to slide perpendicular under the bed. The following photo shows the precarious
parallel position that occurs for the person operating the lift for the guest.
The operator has to balance the lift with his or her foot. If the lift slips,
then the guest will be injured, plus perhaps the lift operator, and ADA noncompliance,
along with personal injury litigation will result.
So
check out the bed frames in your property's wheelchair-accessible room. If they
are not on open frames, then change them immediately. Inform your staff so they
can provide accurate information when guests ask about the bed frames. It sounds
like an odd ball question, but for guests using lifts, their security is a concern.
Customer
Service Training
Now if you can't present your ADA audit upon request, cannot locate your devices
for guests with hearing loss, have risk management issues in your accessible
guest rooms, let's hope your situation isn't made worse by a staff that is clueless
about successfully interacting with guests having disabilities. Good service
and common sense go a long way in overcoming situations centered on accessibility.
But common sense can fly away when your personnel are dealing with a guest that
invades their comfort zone, especially when this guest is irate about access
issues.
Awareness and sensitivity training doesn't give your staff the tools and understanding
to deal with these guests' special and unique requirements. Your staff needs
practical skills in disability etiquette and knowledge about disability issues
so they know why these guests are concerned and possibly upset. Accessibility
isn't a preference for these guests, but a necessity. A lack of understanding
about this basic underlying principle of the disability lifestyle will create
difficulties that can quickly escalate into major problems.
Poor customer service may be the final straw that causes your property to become
a major target for ADA litigation.
New
Training Video
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18-minute video and leader's guide covering ....
Cost: $59.95 per location.
Measuring the Effectiveness of Your Customer Service Training
Most companies understand the importance of customer service
training as part of their strategy to maintain and increase their business.
Without a mechanism for measuring the results, the effectiveness of this training
may not be recognized.
Typically the interaction between your customers and your personnel more than
likely is subjective and takes place in one-on-one settings, without managers
viewing any activity. Because of this dynamic, trying to measure the impact
of customer service training is difficult.
There are generic ways you can measure customer service. Here are some suggestions
that can be easily customized and implemented at your facility.
Customer Comment Cards and Satisfaction Surveys
Your business may already have a comment-card system in place. These systems
favor the personnel having the most customer contact. You may want to consider
expanding the focus of these cards to include employees who many not have
regular customer contact, as they too have an important impact of your service
and company image.
Catch Me At My Best
Either the managers or the customers document situations in which employees
exceeded the client's expectations. Forms are easily visible and available.
The form provides space for a short description of the good service and the
name of the employee. The employee receives a certificate, plus a copy is
posted in the employee area, as well as placed into their personnel file.
Give small appreciation gifts to the customers for participating, such as
a discount coupon
In addition to the certificate, some companies also provide the employee being
recognized with a small reward. This adds to the enthusiasm and is an incentive
for other personnel to be caught giving exemplary service.
Covert Operations
Many businesses already have mystery-shopping programs for a variety of reasons.
It is easy to expand this program to measure the level of customer service
provided by your personnel. Define your service standards and objectives to
the shopping company, so they can evaluate them as part of their visit. Follow
through by recognizing those employees providing commendable service.
With these programs, your company can ensure their investment of time and
money in customer service training results in worthwhile outcomes. Your business
will be able to measure the progress and the contributions your training programs
have on your productivity and profits.
Preventing Hearing Damage
Hearing
damage from headphones is probably more common than from loudspeakers, because
many people exploit the acoustic isolation by listening at higher volumes.
Moreover, the risk of hearing damage from headphones is higher than with
loudspeakers, even at comparable volumes, due to the close coupling of the
transducers to the ears.
Most people are exposed to dangerous noise levels on a daily basis, but
usually for far less time that it would take for hearing damage to occur.
The harmful effects can be cumulative, so long-term exposure to short periods
of loud noise can produce hearing loss years later.
Musicians and concert-goers who fail to use hearing protection may be subjecting
themselves to acoustic trauma on a regular basis. .....hearing loss happens
in the inner ear when high energy sound waves, rippling through ear fluid,
overstimulate and kill hair cells.
If loud noise only damages the hair cells beyond their capacity to heal
completely, then either hearing at certain frequencies will be diminished
and/or the listener will suffer tinnitus, when the damaged cells fire continuously
even though there is no real sound. Tinnitus is typically described as a
persistent, loud buzz in the head at the frequency of the hearing damage.
Diminished hearing can be corrected to a degree with hearing aids. Tinnitus
is currently not curable, but there are treatments and devices to minimize
its impact on the sufferer.
When listening to headphones at the same effective volume level as loudspeakers,
headphones may still transmit louder high frequencies that are more likely
to cause hearing damage. Another hearing phenomenon that seems to be more
noticeable with headphones is a decreasing sensitivity to sound levels over
time, as the ears adapt to loud sounds. The listener perceives a gradual
drop in loudness even though the volume control setting hasn't changed.
It is all too easy for headphone listeners to turn up the volume to the
point where hearing is at risk. Therefore, it is important to avoid listening
fatigue by resting the ears in silence after long sessions with headphones
and to fight the temptation to turn up the volume.
SYMPTOMS OF HEARING DAMAGE
The following symptoms are serious enough to warrant an appointment with
the ear doctor:
Ringing or buzzing in the ears
Difficulty in understanding speech.
Slight muffling of sounds
Difficulty understanding speech in noisy places or places with poor acoustics
Anyone who listens to loud music or is exposed to loud noise on a regular
basis should test hearing periodically, because hearing loss can be cumulative,
very gradual and virtually symptomless.
c. 2001 Chu Moy. www.headwize.com
Reprinted with permission
Updated ADA Technical Assistance CD-ROM
This FREE CD-ROM contains a complete collection of the Departments ADA materials. It includes the Departments regulations, architectural design standards, and technical assistance publications. Designed for easy use on laptop computers in the field, or other computers that lack high speed Internet access, the CD-ROM will make searching documents and identifying appropriate ADA information easier and more efficient.
The disk contains important information such as
Documents on the CD ROM are provided in a variety of formats, including HTML, WordPerfect, and text (ASCII), to enable people with disabilities and others to gain easy access, translate materials to braille, or use screen readers. Many documents are also provided in Acrobat PDF format so that they appear as they do in print and permit the publication to be reprinted by personal computers.
Order the CD-ROM via the Internet or by calling the ADA Information Line at 1-800-514-0301 (voice) or 1-800-514-0383 (TTY), 24 hours every day.
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