Public Comment - Americans With Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles

National Center for Environmental Health Strategies, Inc.

1100 Rural Avenue

Voorhees, New Jersey 08043

(856)429-5358; (856)816-8820

marylamielle@ncehs.org

November 8, 2010
RE: Public Comment Americans With Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles
Docket Number 2007-1; RIN Number 3014-AA38C
E-mail Subject Line: Docket Number: ATBCB 2010-0004; RIN 3014-AA38
Good Morning:
Thank you for the opportunity to provide public comment on the Americans With Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles.
My name is Mary Lamielle. I’m executive director of the National Center for Environmental Health Strategies (NCEHS). NCEHS is dedicated to protecting the public health and improving the lives of people sick or disabled by chemical and environmental exposures.
People with environmental disabilities including people with chemical and electrical sensitivities are underserved, underrepresented populations who suffer greatly due to the failure of the federal government to address these disabilities in a collaborative and comprehensive fashion.
Up to 6% of Americans are chronically ill and disabled by chemical sensitivities. An estimated 3% of Californians report electrical sensitivities. Many people with environmental disabilities have multiple disabilities including mobility impairments.
The U. S. Access Board is proposing to revise and update its guidelines for buses, over-the-road buses, and vans. The guidelines are intended to ensure that transportation vehicles are readily accessible to and useable by individuals with disabilities. The guidelines will apply to the acquisition of new, used, and remanufactured transpiration vehicles, and the remanufacture of exiting transportation vehicles to the extent required by regulations issued by the Department of Transportation.
Several months ago I was a passenger in a car stopped at a traffic light next to a New Jersey Transit Bus. Inside the driver’s window I saw an aerosol air freshener, a disinfectant, and a can of Oust. The driver’s window was partially open. All other windows on the bus were inoperable.
People with chemical sensitivities/intolerances react to low level everyday exposures including air fresheners, deodorizers, disinfectants, cleaning agents, pesticides, and fragrances and fragranced products among other substances and products. These and similar indoor contaminants are access barriers for people with these disabilities.
All buses and vans should be designed and manufactured with operable windows. It is also important that the ventilation system be designed and maintained optimally functioning together with a filtering mechanism to minimize indoor pollutants and limit contaminants from fuel sources. Buses and vans should be designed and constructed to minimize the use of toxic materials.
Buses and vans also need to be cleaned and maintained with least toxic products and practices to minimize indoor contaminants. This should include restrictions on the use of pesticides in favor of Integrated Pest Management Practices and low impact pest control products if necessary. Protocol should restrict the use of air fresheners, deodorizers, and disinfectants, and recommend the use of least toxic/allergenic cleaning agents. The Operations and Maintenance section of the U.S. Access Board-funded “Indoor Environmental Quality Project Report” provides extensive guidance on such products and practices. (
In response to retired attorney and local disability rights advocate Kathleen Flaherty, Evanston, Illinois, Section 13-1 Health and Safety Benefits in “The Evanston Multi-Modal Transportation Plan,” April 2009 (
I recently had occasion to speak with an employee of DC Transit whose job it is to determine whether individuals qualify for transit services. She told me that she denies people who are disabled by chemical sensitivities access to barrier-free cabs in which the request is generally that the cab be free of fragrances and fragranced products including the use of unscented personal care products by the driver because these individuals are not specifically identified as a disabled population in the ADA. These same individuals would be unable to use public transit buses due to the same or similar access barriers.
It is important that the Access Board continue to investigate the ways in which they can act to enhance disability access for the millions of people disabled by chemical sensitivities who are routinely denied access to essential services and to ensure that government personnel, professionals, and the public are educated about the disability access needs of these individuals.
Thank you.


Attachment: ADA & IEQ: Clean Air Access To Public Transit, Kathleen Flaherty, J.D., October 15, 2008
















Attachment: www.access-board.gov/research/ieq) http://www.cityofevanston.org/pdf/EvanstonMulti-ModalTransportationPlan.pdf) specifically recommends actions to improve indoor air quality in vehicles, restrooms, and waiting areas. The plan notes that indoor air quality is a serious issue for “persons with asthma, pulmonary disease, and chemical sensitivities as well as other respiratory, immune, neurological, and cardiovascular disabilities.” ADA & IEQ: Clean Air Access To Public Transit
Indoor Environmental Quality (“IEQ”)—in vehicles, restrooms, &
waiting areas—is an ADA Compliance issue: “CLEAN AIR ACCESS.”
The “ordinary” toxic chemicals used in public transit vehicles,
restrooms, and buildings deny safe access to persons with asthma, COPD and chemical sensitivities, as well as other respiratory, immune, neurological, and cardiovascular disabilities.
Please see the 2005 joint report from the National Institutes of Building Sciences & the Access Board for a detailed guide to improving ADA access by improving IEQ:
For a quick start on improving IEQ:www.access-board.gov/research/ieq Switch to non-toxic cleaning & remodeling products.
Effective & affordable alternatives are readily available.
Stop routine pesticiding and switch to Integrated Pest
Management, using least-toxic alternatives.
Remove all fragrance-emitting devices from vehicles, restrooms, and buildings. This includes “air fresheners.” They
are unhealthy and unnecessary.
Create a liaison between ADA compliance staff and maintenance/repair staff—who are, one hopes, already working
on conversion to Greener products.
Include CLEAN AIR ACCESS in your ADA training for staff,
especially drivers and maintenance workers.10/15/08 Kathleen Flaherty, J.D. kflare@sbcglobal.net