Barrier-Free Design

By Brenda Millar

BEYOND QUESTION

(Send your question about barrier-free design, law, travel or sexuality to: Beyond Question, Canadian Abilities Foundation, Access Place, College Park, 444 Yonge Street, Toronto, Ontario M5B 2H4, or fax (416) 977-5098. Please include your full name, address and a daytime phone number (only your initials and city will be published).)

BARRIER-FREE DESIGN
BY BRENDA MILLAR

"If I am renovating my bathroom to make it more accessible, how can I ensure that there is ongoing dialogue between myself and the contractor so that my needs are fully met?"
-- L.H., North York, ON

When undertaking a project such as a bathroom renovation, it is important for you to have a firm idea of what you need and want before beginning discussions with the contractor. Begin the project by identifying your habits and preferences. Write a list of requirements and make a sketch of the layout of the bathroom that accommodates these needs. This information can be shared directly with the general contractor.

How do you find a reliable contractor? There are a number of places to look for leads on reputable contractors. Begin with friends who have had work of a comparable nature performed to their satisfaction. Personal recommendations are always valuable. Local builders associations and the Better Business Bureau are regional sources of information, as are the yellow pages and postings in neighbourhood stores. Regardless of the source of contact, always check references thoroughly on past projects regarding workmanship, timeliness and ease of communication. Wherever possible, visit a completed project or request photos of past work. Look closely for finishes and details.

To begin the selection process, contact several general contractors and firms in order to receive estimates on costing and timing budgets. You should seek out bids from at least three contractors. The general contractor whom you decide to hire may not necessarily be the one who submits the lowest bid. Previous experience with barrier-free design, quality of workmanship, knowledge of local building codes and permit applications, and willingness to supervise all aspects of your project are some of the factors to consider when evaluating qualifications of the general contractor.

To avoid problems down the road, it will be important to identify the scope of responsibility for the contractor. Once a selection has been made, complete a written contract that outlines all the responsibilities, duties and agreements regarding time, money and all the work obligations to be undertaken by the general contractor and you as the client. Be as specific as possible, including tasks such as storage and removal of debris. For later clarity, also itemize activities not to be performed.

Good communication with the contractor should be established early in the process in order to ensure a healthy and happy relationship throughout the project. It may be helpful to discuss methods for dealing with disputes before they arise. Also sharing information about needs in a direct and detailed manner at all times will be assistive to the contractor. Review the plans and drawings that the contractor prepares with clear verbal descriptions.

Once construction has started, scheduling daily morning meetings to review new work and work to date will present a regular opportunity for sharing concerns and answering questions from all sides. If you are not available at the site during construction, have a telephone number available where you can be reached. Encourage its use for those unforeseen difficulties which always arise. If you are feeling uncomfortable with the relationship with the contractor, it may be helpful to ask a friend to accompany you to the site meetings and to participate in site reviews.

Feel encouraged to discuss concerns and changes to the work as soon as you have identified them. Ask questions and insist on answers that make sense to you. Remember, it is easier to change a plan than a finished product, and usually a lot less expensive.

By taking the time to identify your needs clearly, to select a qualified contractor, to clarify roles and responsibilities in the contract, and to establish a method of direct communication, you have laid a strong foundation for a working relationship that will produce a successful end product.

(Brenda holds a master of architecture and has been a barrier-free design consultant for several years. She is the manager of the Technical Design Department at The Barrier Free Design Centre, which offers a range of services to those involved in the provision of physical access in the built environment, including commercial and residential facility evaluations, plan reviews, standards and guidelines creation and consultation in education and training. BFDC is located in Access Place Canada at 444 Yonge St., Toronto, Ontario M5B 2H4; phone: (416) 977-5010; fax: (416) 977-5264.)


TRAVEL
BY LINDA ATKINSON

"We want to travel to France. I use a wheelchair. How can I find out what hotels, restaurants and tourist attractions are accessible?"
-- J.M., Victoria, BC

I’m glad you asked about France! First, the book "Access in Paris" (available from me for $14.95, which includes shipping) is an excellent guide for those wanting to tackle France on their own. Researched by a team of British wheelchair users, the guide covers everything including car hire, coach and minibus hire, equipment repair, French organizations for people with disabilities, travel to Paris by car, coach, train and air, accommodation, sights and, best of all, detailed maps and descriptions of which trains and metro lines are accessible.

For French speakers, the Association des paralyses de France publishes an accommodation guide in French -- "Ou ferons-nous etape?" Write them at Delegation de Paris, 22, rue du Pere Guerin, 75103 Paris, France, or send a fax to: 44 16 83 80.

The organization IHD International offers several different packages of support services at your vacation destination. These include personal help, special aids, and transportation from airports. On the French Riviera at a three-star campsite, they have adapted caravans for hire and also an adapted flat for rent. Write: IHD France E.U.R.L., BP 62, 83480 Puget-sur-Argens, France. Or fax: 94 81 61 43.

For a canal boat cruise, call (toll free in the U.S. and Canada) 1-800-438-4748. The Hotel Barge La Reine Pedauque, based in Dijon, cruises the Canal de Bourgogne to Vandenesse. There is a lift aboard and special services are available to people using wheelchairs.

The British company Zig Zag -- The Special Holiday People offer tenting, chalets, caravans and sites and varying degrees of accessibility in the Dordogne region. Write: Zig Zag, 22 Whitehall St., Shrewsbury, SYAD, U.K. or fax: 743-365347.

For those who enjoy travelling in groups, Fresh Tracks Adventure Travel and I are in the preliminary stages of organizing a tour for spring 1995. We plan to spend a week in Paris, a week touring the castles of the Loire Valley or on a canal boat trip, and possibly an optional week in the south. I am investigating a lift-equipped bus and accessible accommodation. You would be responsible for airfare from Toronto or Vancouver, depending on where you live. Price has yet to be worked out. We need 15 people, a combination of wheelchair users and able-bodied people, to make it fly. If you’re interested, contact me at my address above.

Good luck, and have fun in France!

(Lynn Atkinson has a BA in English and is a graduate of a two-year diploma course in Journalism. She has been a writer/editor for 20 years. Since multiple sclerosis necessitated travel by wheelchair, Lynn has been dedicated to addressing the need for information on accessible accommodation and destinations in her newsletter, We’re Accessible -- News for Disabled and Elderly Travellers. Published quarterly, it is available for $15 (individuals) or $35 (organizations and business), payable to Lynn Atkinson at 32-1675 Cypress St., Vancouver, BC V6J 3L4 (phone/fax: (604) 731-2197).)


LAW
BY CINNIE NOBLE

"I have heard that employers have a duty to accommodate people with disabilities. When does that duty begin? Is the employer required to accommodate my disability at the interview stage?"
-- J.P., Barrie, ON

Let me begin by generally defining the "duty to accommodate." Basically, duty to accommodate requires workplaces to adapt their policies, practices and terms and conditions of employment to meet the needs of individuals or groups. As it relates to people with disabilities, duty to accommodate may require alterations in work schedules, the provision of special equipment, devices or assistance, the redistribution of assignments, and so on.

The concept of duty to accommodate is part of the human rights legislation in Canada. Further, at the current time there is also federal legislation and legislation in Ontario which specifically address workplace equity. The federal Employment Equity Act was passed several years ago and covers federally regulated industries and federal crown corporations. On September 1, 1994, the Employment Equity Act, 1993 became effective in Ontario, and this statute is relevant to your inquiry.

The main objective of employment equity is to have the workforce reflect the composition of the labour market and to ensure that those who have traditionally been disadvantaged are no longer disadvantaged. The groups that are specially designated by the legislation include women, aboriginal or First Nations people, visible and racial minorities, and persons with disabilities. Further, this statute applies to the public service, the broader public sector with at least 10 employees, and the private sector with 50 or more employees. (Employers within the public sector with fewer than 50 employees and in the private sector with fewer than 100 employees face less stringent requirements.)
You should know that the Employment Equity Act defines a person who has a persistent physical, mental, psychiatric sensory or learning impairment and who: (a) considers themselves to be disadvantaged in employment by reason of that impairment; or (b) believes that an employer or potential employer is likely to consider the person to be disadvantaged in employment by reason of that impairment.

There are a number of obligations on relevant employers to facilitate employment of the designated groups. They are required to develop an employment equity plan and, among their other duties, conduct a survey of the workplace as to the composition of the various designated groups and review their pertinent policies and practices including RECRUITMENT, SELECTION AND HIRING OF EMPLOYEES, employee training and development and the accommodation of the special needs of members of the designated groups.

As indicated, the selection process is a significant aspect of the legislation and, accordingly, an employer is therefore required to accommodate you at the recruitment and hiring stage.

However, you may not know what accommodation you need for your interview. This obviously depends on your disability. If you plan to drive to your interview and require a parking space close to the entrance, inquire as to whether there is special parking. If not, ask for a space to be designated for you.

Another need for accommodation may arise in relation to the nature of the actual selection process. For instance, some employers give tests in order to evaluate a prospective employee’s capabilities. Depending on your disability, it may not be viable for you to respond orally or in handwriting. Accordingly, inquire if there is a test provided at the interview and the nature of it. If, due to a learning, mobility, hearing, vision, speech or other disability, you are unable to conduct the test at all or within a particular time period, request the appropriate accommodation. This could mean, for instance, that you request more time, the use of a computer, alternate format and so on. These are just a few examples.

My advice as to what is necessary in relation to the selection process, from the prospective employee’s vantage point, is to make inquiries relating to your particular needs and advise the appropriate people of what accommodations you may need, well in advance of the interview.

Remember that the employer’s aim during the selection process is to obtain the information required to evaluate your qualifications to perform the job. Although there are certain questions that you cannot be asked according to human rights legislation, you should be prepared to advise prospective employers whether you are capable of performing the essential duties of the job without accommodation or, if you require accommodation, what it is that you need. This may include some variation on the usual starting or finishing time, special equipment, technical aids or devices, alternative forms of communication, and so on.

In this regard, I would like to add an additional consideration. Job advertisements usually outline the duties of the position. Though you may be trained and qualified to perform the main job requirements (e.g. computer programmer), there may be other aspects of the job description that you may not be able to perform (e.g. photocopying). These latter duties may be considered "non-essential" to the key activities required. According to the Guidelines for Assessing Accommodation Requirements for Persons with Disabilities, published by the Ontario Human Rights Commission in 1989, the non-essential aspects of work must be accommodated. This could be done by reassigning duties or using an alternative way to do the task. The guidelines do not have the force of law; however, they are commonly referred to by those who are trying to determine what constitutes an employer’s duty to accommodate and what constitutes undue hardship. Copies of the guidelines are available from the provincial offices of the Ontario Human Rights Commission.

For further information regarding the Employment Equity Act, 1993, contact the Office of the Employment Equity Commission at 1-800-567-0356.

(Cinnie Noble, C.M., B.S.W., LL.B., practises law in Toronto and is currently developing her practice to address equality and human rights issues, with a primary focus on people with disabilities. Prior to becoming a lawyer, Cinnie created Handi-Tours, the first travel agency in Canada specializing in tours for persons with disabilities. She is the author of two resource books for travellers with disabilities. In 1990, she was appointed a member of the Order of Canada. Cinnie can be reached in Toronto at (416) 363-8680, or fax 362-1465.)


SEXUALITY
BY LINDA CRABTREE

"I’m 42 and have multiple sclerosis. When I was first diagnosed eight years ago, I began to realize that people around me -- even my husband -- hesitated to touch me. Maybe they were afraid I’d break or they’d ’catch’ MS (it’s not contagious). I’m divorced now and use a wheelchair. I use attendant services but I can’t tell you how I miss being touched by a loving hand."
-- S.L., Calgary, AB

We all know how important it is to be touched by people who really care about us. A hug, a squeeze, a hand to hold ... a warm embrace can add a whole new dimension to your life. If you are never touched lovingly, you can feel lonely and not quite attached to the rest of the world.

On the other hand, I think you can also experience what I call "touch burnout" -- always being touched by people who are doing it as a service -- which can make you almost numb to a really caring touch. I remember two weeks I spent in London when I was helped into and out of the bathtub every day, helped up and down steps, helped into and out of cabs and planes, and helped, helped, helped. I got so sick of being helped that when a flight attendant tried to lift me out of my seat by grabbing my elbow (I need both my arms to push up with), I verbally let her have it. All she had to do was ask, "How may I help you?"

When we need help, we often learn not to criticize those who do their best to help us, when in fact we should be prepared to tell them how best to help us. The same thing goes for finding a loving touch every now and then. First, you’ve got to be seen as loving to be loved. If you’ve got a frown on your face and a negative word for everyone, you’re not going to be a good candidate for a hug.

Next, because you use a wheelchair, standing people may not know how to hug you. Most people don’t think to squat down when they are speaking to us, but let us keep looking up, sometimes for hours. The people who I know understand my world somewhat are the ones who pull up a chair alongside me when it seems the conversation will take longer than a few minutes. This position is ideal for a hug. Arms can go around each other, cheeks and chests can touch and real, tender warmth can be felt. Suggest that a person sit when speaking to you. Then at least there is potential for touch.

A standing person can lean over the back of your chair and put their arms around your neck, cheek on your cheek, and even whisper in your ear.
The ultimate is someone sitting on your lap. This is appropriate both for intimacy and for the wonderful hug of a child. It may look weird in public, but it’s really no different from someone sitting on an able-bodied person’s lap.

How do you ask for a hug or to be touched? A lot of people don’t even think of touching others. It just isn’t something they do or want to do. Others are touchy-feely people, and they love it. Here are a few suggestions. Some may be "way out," but you never know what will happen!

- Put a sticker on the back of your wheelchair that says, "Have you hugged someone today?"
- Join a self-help group for women (or mixed) and bring the topic up for discussion. You might find others who are just as starved for touch as you are -- and you can all get into a hugfest every time you meet.
- Pursuade your friends and relatives to give you a hug every time they come in the door and when they leave. You can initiate this by holding out your arms or by simply saying, "Where’s my hug, please?" with a smile on your face and in your voice.
- When you are in the car or seated beside someone you like, ask them if they will hold your hand or if you can hold their hand.
- If you are with someone who has a child, ask to hold the child (if you can do it safely). If the child is older and it will not hurt you to have weight on your lap, ask the child if they would like a ride.
- Ask a friend to give you a massage. Ten minutes on your back, neck and shoulders will feel great and it may be all you need.
- Touch yourself. Run your fingers across your breasts or chest, hug yourself, drag your fingertips up and down your arms until you get goose bumps, and then give yourself a good scratch. Use a loofah sponge in the tub or shower -- it feels wonderful.
- Get a pet. The loving touch of a cat or dog can fill a huge void and make up for a great deal of lost human touch. A trained service dog is wonderful if you qualify for one. You get not only help in your daily routine but a loving buddy as well.
- Hug a squishy, soft teddy bear in your arms at night.

Above all, let people know you are "disabled, not diseased," that they can’t catch anything and you’d welcome their touch when appropriate. (And for heaven’s sake, don’t hesitate to shout loud and clear if you are ever touched inappropriately.) It’s up to you to call the shots!

(Linda Crabtree, C.M., O.Ont., O.M.C., L.L.D., A.R.W. has Charcot-Marie-Tooth disease, a progressive neuromuscular disability about which she writes a newsletter. She is also the editor/publisher of It’s Okay!, an international, consumer-written quarterly magazine on sexuality, sex, self-esteem and disability that includes first-person stories, self-help ideas and personal ads. To subscribe to It’s Okay!, send a cheque for $23.95, payable to Phoenix Counsel Inc., to: 1 Springbank Dr., St. Catharines, ON L2S 2K1. A sample copy of It’s Okay! is $2.)