JUN 26 1992 DJ 202-PL-159 Mr. Charles A. Herman McCrory-Ambler Architecture 117 S. W. Fifth Street P.O.

Box 2446 Bartlesville, Oklahoma 74005 Dear Mr. Herman: This is in response to your letter requesting information about the Americans with Disabilities Act (ADA). The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities having rights or obligations under the Act. This letter provides informal guidance to assist you in understanding the ADA's requirements. However, it does not constitute a legal interpretation and it is not binding on the Department. You request confirmation of information you received in telephone conversations with persons from this Department and from the Architectural and Transportation Barriers Compliance Board. Your questions concern the applicability of the ADA to off-shore drilling platforms, any ADA requirements for accessibility of factory machinery and equipment, and the meaning of the term "continuous" as it relates to handrails for ramps in 4.8.5(2) in the ADA Accessibility Guidelines (ADAAG). Off-shore drilling platforms would not be considered places of public accommodation within any of the categories designated in Title III of the ADA. However, as facilities "whose operations affect commerce," off-shore drilling platforms do fall within Title III's definition of "commercial facilities." There are no ADAAG requirements for design or building of factory machinery and equipment. However, it may be necessary under Title I of the ADA to modify equipment or provide alternative equipment as part of a reasonable accommodation to an employee with a disability. ADAAG does require work areas to be designed and constructed so that individuals with disabilities can approach, enter and exit the areas.

cc: Records Chrono Magagna.pl.159 arthur T. 6/25/92 01-00965

-2We agree with the ATBCB's explanation of the term "continuous handrail" as one without interruption - i.e., the handrail follows the slope of the ramp, continues the length of the landing and becomes an integral part of a contiguous handrail system along a wall or intersects with a guardrail at a floor edge, etc. I have enclosed the Department's recently published Title III Technical Assistance Manual. I hope this information will be useful to you. Sincerely, Joan A. Magagna Deputy Director Office on the Americans with Disabilities Act 01-00966

McCrory-Ambler Architecture May 6, 1992 Mr. John Wodatch Department of Justice Office of the Americans with Disabilities Act Civil Rights Division P.O. Box 66118 Washington, D.C. 20035-6118 Ref: Title III of the Americans with Disabilities Act and Accessibility Guideline Interpretations/Applications

Dear Mr. Wodatch, Enclosed are reproductions of "Reports of Contact" documenting our understanding of responses to interpretation and application questions posed to your "answer-line" representatives regarding off-shore drilling platforms, factory machines/equipment and handrails. Please review and if our understanding of those answers is erroneous, a revised interpretation would be appreciated. We will presume that the information contained within the reports is

correct if we do not receive a timely correction from you. Sincerely, Charles A. Herman Architect Enclosures-3 92-165-0 01-00967 1 of 1

McCrory-Ambler Architecture 117 S.W. Fifth Street P.O. Box 2446 Bartlesville, Oklahoma 74005 Tel: 918-336-3512 Fax: 918-337-0379 REPORT OF CONTACT PROJECT ADA '90 FORM (PP Co) SUBJECT Accessibility of Offshore Drilling Platforms JOB NO. DATE April 20, 1992

PERSON CONTACTED ADA Information Line Rep. CONTACTED BY C. Herman

COMPANY U.S. Dept. of Justice (DOJ) Washington, D.C. ph (202)-514-0301

COMPANY

DISCUSSION Per Information Line Representative of the D.O.J.: OFF-SHORE DRILLING PLATFORMS are NEITHER a PUBLIC ACCOMMODATION nor a COMMERCIAL FACILITY therefore they do NOT need to be access. to disabled individuals and they do NOT fall under the jurisdication of the DEPT. OF JUSTICE............or TITLE III of the ADA. HOWEVER............ They may be required to be modified to be accessible IF an individual with disabilities is EMPLOYED and must access the platform as a part of the job/position's ESSENTIAL FUNCTION. The Department of Justice strongly suggests contacting the E.E.O.C. @ 1-800-669-4900 for their interpretation. COPIES TO: Alanman, Weatherly, Ambler SIGNED 01-00968

McCrory-Ambler Architecture 117 S.W. Fifth Street P.O. Box 2446 Bartlesville, Oklahoma 74005 Tel: 918-336-3512 Fax: 918-337-0379

REPORT OF CONTACT

PROJECT ADA '90 FORM (PP Co) SUBJECT OFF-SHORE DRILLING PLATFORMS 1992 and Factory Machines/Equipment. PERSON CONTACTED JULIE ZIRLIN Herman COMPANY Arch: and Transp. Barriers Compliance Bd. (ATBCB) Washington, DC

JOB NO. DATE April 17,

CONTACTED BY C. COMPANY

DISCUSSION: PER Ms. Zirlin and Mr. Jim Raggio, General Counsel of the ATBCB 1) Off-Shore Drilling Platform Accessibility/Usability required? Contact Dept. of Justice; this question is concerned with the APPLICATION of the ADA.....not under ATBCB jurisdiction. 2) Accessibility of Factory Machinery/Equipment? Equipment is not covered by ADA Accessibility Guidelines. Per ADAAG 4.1.1(3) "Areas Used only by Employees as Work Areas" - shall be designed and constructed so that individuals with disabilities can approach - enter and exit the areas. Once a disabled individual becomes an EMPLOYEE, then REASONABLE ACCOMMODATIONS must be made per Title I "Employment" of the ADA as required by the Equal Employment Opportunities Commission. (E.E.O.C) for that individual to perform the ESSENTIAL FUNCTIONS of the job/position. COPIES TO: Weatherly, Ambler, Arley Lanman SIGNED 01-00969

McCrory-Ambler Architecture 117 S.W. Fifth Street P.O. Box 2446 Bartlesville, Oklahoma 74005 Tel: 918-336-3512 Fax: 918-337-0379 PROJECT ADA '90 FORM SUBJECT 4.8.5(2) Handrails @ Ramps PERSON CONTACTED COMPANY ATBCB Answer/Quest Line Washington DC 1-800-872-2253 DISCUSSION

REPORT OF CONTACT JOB NO. DATE April 22, 1992 3:45 pm CONTACTED BY COMPANY

Herman: Please clarify the meaning of "continuous" in the first said sentence of 4.8.5(2)"If handrails are not CONTINUOUS, they shall extend at least 12"....etc". ATBCB: A continuous handrail is one without interuption i.e. the handrail follows the slope of ramp, continues the length of the landing and becomes an integral part of a contiguous handrail system along a wall or intersects with a guardrail at a floor edge, etc. COPIES TO: Arley Lanman, Weatherly, Ambler SIGNED 01-00970