Search Results "Risk Analysis"

• Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix C: Guidance on ADA Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations: 1991 Preamble and Section-by-Section Analysis)
  Section 36.406 Standards for New Construction and Alterations (Preamble, Section-by-Section Analysis)

  Section 36.406 Standards for New Construction and Alterations Section 36.406 implements the requirements of sections 306(b) and 306(c) of the Act, which require the Attorney...

• Federal Documents > Preamble to Standards > 36 CFR Part 1195 Standards for Accessible Medical Diagnostic Equipment - Preamble
  M302 Diagnostic Equipment used by Patients in a Seated Position (Section-by-Section Analysis)

  M302 in the final rule establishes the technical criteria for diagnostic equipment used by patients in a seated position such as examination chairs.

• Federal Documents > Preamble to Standards > 36 CFR Part 1195 Standards for Accessible Medical Diagnostic Equipment - Preamble
  M304 Diagnostic Equipment Used by Patients in Standing Position (Section-by-Section Analysis)

  M304 in the final rule establishes the technical criteria for diagnostic equipment used by patients in a standing position such as a weight scale or x-ray equipment that is used in a...

• Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
  Section 36.406(b) Application of Standards to Fixed Elements (Section-by-Section Analysis)

  The Department is proposing a new § 36.406(b) that would clarify that the requirements established by this section, including those contained in the proposed standards (and the 2004...

• Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
  Limited instances in which an accompanying individual may interpret. (Section-by-Section Analysis)

  Section 36.303(c)(3) codifies the Department's policy that there are very limited instances when a public accommodation may rely on an accompanying individual to interpret or...

• Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
  Scoping of residential dwelling units for sale to individual owners. (Section-by-Section Analysis)

  In the 2004 ADAAG, the Access Board deferred to the Department and to HUD, the standard-setting agency under the ABA, to decide the appropriate scoping for residential dwelling units...

• Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
  Section 35.170 Complaints--Prison Litigation Reform Act (Section-by-Section Analysis)

  In the ANPRM, the Department proposed addressing the effect of the Prison Litigation Reform Act (PLRA) on complaints by prisoners alleging unlawful discrimination on the basis of...

• Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations with amendments issued through Dec. 2016)
  Reduced scoping for play areas and other recreation facilities. (Section-by-Section Analysis)

  Reduced scoping for play areas and other recreation facilities. Play areas. The Access Board published final guidelines for play areas in October 2000. 65 FR 62498 (Oct. 18,...

• Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations with amendments issued through Dec. 2016)
  Legal standard for other power-driven mobility devices. (Section-by-Section Analysis)

  Legal standard for other power-driven mobility devices. The NPRM version of § 36.311(b) provided that a public accommodation ‘‘shall make reasonable modifications in its policies,...

• Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations with amendments issued through Dec. 2016)
  Recognition of psychiatric service animals, but not "emotional support animals.'' (Section-by-Section Analysis)

  Recognition of psychiatric service animals, but not ‘‘emotional support animals.'' The definition of ‘‘service animal'' in the NPRM stated the Department's longstanding position that...

• Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations with amendments issued through Dec. 2016)
  Swimming pools, wading pools, saunas, and steam rooms. (Section-by-Section Analysis)

  Swimming pools, wading pools, saunas, and steam rooms. Section 36.304(d)(3)(ii) in the NPRM specified that for measures taken to comply with the barrier removal requirements,...

• Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations with amendments issued through Dec. 2016)
  Accessible teeing grounds, putting greens, and weather shelters. (Section-by-Section Analysis)

  Accessible teeing grounds, putting greens, and weather shelters. The Department's NPRM sought public input on the proposed requirements for accessible golf courses. These...

• Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix B: Preamble to Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations Preamble)
  Section 36.202(b) Unequal benefit (Section-By-Section Analysis and Response to Comments)

  Unequal benefit -- Section 36.202(b) prohibits services or accommodations that are not equal to those provided others. For example, persons with disabilities must not be limited to...

• Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (2010 ADA Title II Regulations with amendments issued through Aug. 2016)
  Accessible teeing grounds, putting greens, and weather shelters. (Section-by-Section Analysis)

  Accessible teeing grounds, putting greens, and weather shelters. In the NPRM, the Department sought public input on the proposed requirements for accessible golf courses. These...

• Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (2010 ADA Title II Regulations with amendments issued through Aug. 2016)
  Recognition of psychiatric service animals but not "emotional support animals." (Section-by-Section Analysis)

  Recognition of psychiatric service animals but not ‘‘emotional support animals.'' The definition of ‘‘service animal'' in the NPRM stated the Department's longstanding position that...

• Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (2010 ADA Title II Regulations with amendments issued through Aug. 2016)
  Whether the definition of ‘‘wheelchair'' includes the Segway® PT. (Section-by-Section Analysis)

  Whether the definition of ‘‘wheelchair'' includes the Segway® PT. As discussed above, because individuals with mobility disabilities are using the Segway® PT as a mobility device,...

• Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (2010 ADA Title II Regulations with amendments issued through Aug. 2016)
  Legal standard for other power-driven mobility devices. (Section-by-Section Analysis)

  Legal standard for other power-driven mobility devices. The NPRM version of § 35.137(b) provided that ‘‘[a] public entity shall make reasonable modifications in its policies,...

• Federal Documents > Preamble to Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines - Preamble
  Section 1193.39 Prohibited reduction of accessibility, usability and ompatibility

  The costs for this review, would be absorbed in the analysis for the replacement or upgraded product required under 1193.23 and manufacturers should not incur additional costs under this...

• Additional Access Publications > Proceedings of: Workshop on Improving Building Design for Persons with Low Vision
  Issue 4: Based on available references, can we develop “viable” design standards and guidelines”?

  A “Gap Analysis” may be an immediate task....

• Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations with amendments issued through Dec. 2016)
  § 36.105(d)(3)(iv)

  (iv) Given the rules of construction set forth in this section, it may often be unnecessary to conduct an analysis involving most or all of the facts related to condition, manner, or duration...

• Rulemaking Process Documents > Other Documents > 28 CFR Parts 35 and 36 Amendment of ADA Title II and Title III Regulations To Implement ADA Amendments Act of 2008 - Final Rule
  Appendix C to Part 35—Guidance to Revisions to ADA Title II and Title III Regulations Revising the Meaning and Interpretation of the Definition of ‘‘Disability’’ and Other Provisions in Order To Incorporate the Requirements of the ADA Amendments Act

  Definition of ‘‘Disability’’ and Other Provisions in Order To Incorporate the Requirements of the ADA Amendments Act Note: This appendix contains guidance providing a section-by-section analysis...

• Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (2010 ADA Title II Regulations with amendments issued through Aug. 2016)
  § 35.108(d)(3)(iv)

  (iv) Given the rules of construction set forth in this section, it may often be unnecessary to conduct an analysis involving most or all of the facts related to condition, manner, or duration...

• Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations with amendments issued through Dec. 2016)
  Organization of This Rule

  The section entitled ‘‘Section-by-Section Analysis and Response to Comments’’ in Appendix A provides a detailed discussion of the changes to the title III regulation....

• Federal Documents > Technical Assistance > Questions and Answers: Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees Under the ADA
  May employers subject employees to periodic alcohol testing?

  In determining whether to subject such an employee to periodic alcohol testing, the employer should consider the safety risks associated with the position the employee holds, the consequences...