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WELCOME. GOALS Introduce the Technical Assistance Manual (TAM) as the framework Outlines passengers’ rights and carriers’ responsibilities under Part.

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Presentation on theme: "WELCOME. GOALS Introduce the Technical Assistance Manual (TAM) as the framework Outlines passengers’ rights and carriers’ responsibilities under Part."— Presentation transcript:

1 WELCOME

2 GOALS Introduce the Technical Assistance Manual (TAM) as the framework Outlines passengers’ rights and carriers’ responsibilities under Part 382 Provides practical examples and quick references

3 SPECIFIC OBJECTIVES Provide useful approach to assist air travelers with disabilities Sources of INFORMATION Heightened SENSITIVITY and AWARENESS Enhanced COMMUNICATION skills Effective CONFLICT RESOLUTION techniques

4 Specific Objectives (cont’d) Reinforce understanding of carriers’ legal responsibilities to protect civil rights Civil rights = basic rights against discrimination Carriers’ legal obligations v. policies Civil rights violation - DOT enforcement Failure to follow carrier policy – different consequences

5 How did TAM come about? Congressional requirement Two audiences: Air carrier employees and contractors Air travelers with disabilities DOT met with air carriers and disability community ORIENTATION

6 Why is TAM useful for you on the job? Delineates competing considerations Distinguishes Part 382 from carrier policies Provides quick reference lists and “tips” Orientation (cont’d)

7 What information does TAM contain? Chapter 1:Background, Keyword Definitions Chapter 2:Basics about the Law Chapter 3:Assisting Travelers in Planning a Trip Chapter 4:Assisting Travelers At the Airport Orientation (cont’d)

8 What information does TAM contain? Chapter 5:Boarding, Deplaning, and During the Flight Chapter 6: Assisting Travelers with Their Complaints Chapter 7: Interacting with People with Disabilities Chapter 8:Alphabetical Index and Part 382 Index Orientation (cont’d)

9 Appendices I-VI: Tips for Air Travelers with Disabilities Management-Related Issues FAQs DOT Enforcement Orders Related to ACAA Copy of Part 382 DOT Guidance: Service Animals in Air Transportation Orientation (cont’d)

10 Locating Information In TAM - Exercises

11 Locating Information In TAM Exercise 1 Where in TAM would you find information ? (a)(2); (c) Appendix VI – DOT Guidance on Service Animals: pp. 8-9, 11 Alphabetical Index and Part 382 Index; Appendices; Chapter 2, Chapter 3, Section D, Chapter 5, Section B, Chapter 7

12 Exercise 2 Are you permitted to hand-carry this passenger? No. Locating Information in TAM (cont’d)

13 Exercise 2 (cont’d) Where in TAM would you find information? (a)(2) Alphabetical Index and Part 382 Index; Appendices; Chapter 5, Section C Locating Information in TAM (cont’d)

14 Exercise 3 Is this passenger a qualified individual with a disability because he weighs over 300 pounds? It depends. Is he entitled to the bulkhead seat? It depends. Locating Information in TAM (cont’d)

15 Exercise 3 (cont’d) Where in TAM would you find information? 382.5; Appendix III - Frequently Asked Questions Alphabetical Index and Part 382 Index; Appendices; Chapter 2 Locating Information in TAM (cont’d)

16 Exercise 4 Where in TAM would you find information? (g); (h) Appendix I – Tips for Air Travelers with Disabilities Alphabetical Index and Part 382 Index; Appendices; Chapter 3, Section H Locating Information in TAM (cont’d)

17 Exercise 5 Must you accommodate this group? Yes. Locating Information in TAM (cont’d)

18 Exercise 5 (cont’d) Where in TAM would you find information? b (b)(7); (c);382.31(c); (g) Alphabetical Index and Part 382 Index; Appendices; Chapter 3, Section A Locating Information in TAM (cont’d)

19 SENSITIVITY AND AWARENESS Why are sensitivity and awareness important? Passengers with disabilities are valued customers, and they are a growing population Builds loyalty Employees and contractors have direct contact with traveling public

20 Why are sensitivity and awareness important? Customer service is a major responsibility Customer service differs from legal requirements Helps distinguish customer service from legal obligations Sensitivity and Awareness (cont’d)

21 Introducing Sensitivity and Awareness – Small Group Exercises

22 Legal obligation to protect civil rights Not “above and beyond” call of duty Pre-exercise Reminder Sensitivity and Awareness (cont’d)

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25 Exercises – Concluding Remarks Experiences shape attitudes Attitudes depend on experiences interacting with people with disabilities Build on experiences; modify behavior through awareness and sensitivity Sensitivity and Awareness (cont’d)

26 TAM as a Resource for Sensitivity and Awareness Information Respectful, preferred language: Use “person first” language Don’t ask for self-identification Demonstrate respect for privacy Avoid asking cause of disability Don’t make assumptions about conditions and resulting disabilities Sensitivity and Awareness (cont’d)

27 Appropriate behavior when interacting with people with disabilities General guidance for language and behavior that conveys respect Chapter 7 contains useful techniques Some job functions require greater sensitivity and awareness than others Sensitivity and Awareness (cont’d)

28 Appropriate communication and behavior when interacting with individuals who are blind or visually-impaired are deaf, hard of hearing, or deaf-blind have mobility disabilities have difficulty speaking have disabilities that are not apparent Sensitivity and Awareness (cont’d)

29 Communication Introduction Communication styles vary Genuine, authentic communication conveys respect Helping others in the moment – honest communication Use discretion when applying following language, tips Each passenger is unique

30 Challenges of work environment impact communication Time pressure of flight schedules Important considerations with serious consequences: safety, terrorism Linear path of air traveler Fewer employees, increased job responsibilities Others Communication (cont’d)

31 Some ways to enhance communication Ask expert: air traveler, companion Make eye contact, be aware of nonverbal signs Listen first, then formulate response Be patient Clarify information Others Communication (cont’d)

32 Attitude makes an impression Assumptions often lead to misunderstandings Taking things personally may color perceptions Generate options rather than being adverse Maintain professionalism Communication (cont’d)

33 Personal health needs Self-care outside workplace Overall health: Mental, physical, emotional Impact job performance Communication (cont’d)

34 Start with passenger and ask “How may I assist you?” TAM contains useful questions Ask, then listen, and clarify if needed Communication (cont’d)

35 Share important information Think about information you need Safety always a factor Draw from experience Refer passenger to TAM Others Communication (cont’d)

36 Practicing Communication – Small Group Exercises

37 Passenger is best source of information Offer information and options to passenger Draw from experience, use available resources Useful exchange of information Pre-exercise Reminder Communication (cont’d)

38 Small Group Debrief Exercise 1 Important considerations to keep in mind “Prompt return” required under (f); (a) Passenger entitled to use personal wheelchair Passenger’s autonomy in personal wheelchair greater Wheelchair retrieval and reassembly time Communication (cont’d)

39 Exercise 1 (cont’d) Passenger’s written instructions under (h) Passenger’s connecting flight and gate information Priority stowage for wheelchair under (f)(2) Wheelchair ready upon deplaning Communication (cont’d)

40 Exercise 1 (cont’d) Suggestions for analyzing the situation and exchanging useful information Ask passenger Listen without formulating response Clarify information Follow written instructions re: wheelchair reassembly Inform other carrier personnel Communication (cont’d)

41 Exercise 1 (cont’d) Check PNR Consult colleagues about time constraints Check TAM, Part 382 (382.41(f); (a)), DOT guidance documents, and carrier policies If requested, provide copy of Part 382 required by (d) Communication (cont’d)

42 Exercise 2 Important considerations to keep in mind Aircraft dimensions affect wheelchair stowage options Advance seating assignment system or pre- boarding option Features of aircraft relevant to wheelchair user Need for aisle chair for boarding and deplaning Communication (cont’d)

43 Exercise 2 (cont’d) Clarify need for other boarding and deplaning assistance Suggest early arrival at gate Passenger’s written instructions about disassembly and reassembly of wheelchair under (h) Carrier’s web site may contain relevant information Communication (cont’d)

44 Exercise 2 (cont’d) Suggestions for analyzing the situation and exchanging useful information Ask passenger Listen without formulating response Clarify information Follow written instructions re: wheelchair reassembly Inform other carrier personnel Communication (cont’d)

45 Exercise 2 (cont’d) Check TAM, Part 382 (382.45; , (b)(5); ; or a; ), DOT guidance documents, and carrier policies Refer passenger to carrier’s web site and Appendix I, via DOT web site If requested, provide copy of Part 382 required by (d) Communication (cont’d)

46 Exercise 3 Important considerations to keep in mind Each passenger is unique Ask how best you can assist Identify accessible method(s) of communication Communication (cont’d)

47 Exercise 3 (cont’d) Inform other carrier personnel Check PNR Respect privacy of deaf passenger Be discreet when addressing or referring to her Communication (cont’d)

48 Exercise 3 (cont’d) Suggestions for analyzing the situation and exchanging useful information Ask passenger Listen without formulating response Clarify information with traveling companion Consult other carrier personnel Ask about additional services and accommodations Communication (cont’d)

49 Exercise 3 (cont’d) Ask about need for additional services and accommodations Check PNR Communication (cont’d)

50 Exercise 3 (cont’d) Check TAM, (a); (b)(1) and (2); (c); (b)(5); ; , DOT guidance documents, and carrier policies. If requested, provide copy of Part 382 required by (d) Communication (cont’d)

51 Conflict Resolution Carriers must make a complaint resolution official (CRO) available to address disability-related problems By telephone (or via TTY) or in person At all times carrier operates at airport under (a)(1) and (2)

52 When does a CRO get involved? If air traveler with a disability: Complains of alleged or potential violation of law Requests CRO, manager, supervisor, etc. If employee or contractor decides to contact CRO for information or advice Complaint Resolution (cont’d)

53 Disability-related complaints made to CRO during course of trip If no violation has occurred, CRO must take action to comply with law Only pilot can countermand CRO’s decision for reasons of safety CRO must provide written statement summarizing facts and carrier response to violation Complaint Resolution (cont’d)

54 CRO must provide written statement summarizing facts and carrier explanation Carriers must provide passenger all written statements at airport or within 10 calendar days of complaint Complaint Resolution (cont’d)

55 Written disability-related complaints made after trip Must provide written response within 30 days Response must contain summary of facts and carrier’s determination about violation Response must contain information about passenger’s right to pursue DOT enforcement action Complaint Resolution (cont’d)

56 Domestic and foreign carriers operating in U.S. must record, categorize, and report Complaint Resolution (cont’d) Written disability-related complaints to DOT annually under

57 To provide guidance for resolving complaints, TAM contains ACCESS= process Tips Also important: awareness, sensitivity and communication Complaint Resolution (cont’d)

58 More on communication Passenger has a right to speak to CRO Avoid defensive or argumentative reaction Make notes for use in carrier’s written response Others Complaint Resolution (cont’d)

59 Conflict Resolution Techniques may be useful Avoid immediately taking sides Use fresh eyes to assess situation, listen, and observe (if possible) Review past only to gain basic understanding Complaint Resolution (cont’d)

60 Concentrate on solutions that comply with Part 382, DOT guidance documents, and carrier policies Remind parties of shared goal of safe, pleasant, and smooth journey Acknowledge carrier’s responsibility to protect civil rights Allow venting and be prepared to manage anger Complaint Resolution (cont’d)

61 Acknowledge frustrations and patience of passenger under the circumstances Listen patiently and carefully, conveying responsive attitude engenders trust and confidence Write down relevant information and check accuracy Explain basis for determination Incorporate carrier’s policy, paper work, and procedures Complaint Resolution (cont’d)

62 Demonstrating How CRO Handles Disability-related Complaint – Role Play

63 CRO ROLE PLAY DEBRIEF Did not put either person on defensive Introduced herself and understood passenger’s right to speak with CRO Listened actively and took notes Initially gained understanding of situation, not present to observe

64 Was aware of time-sensitive situation Asked about non-apparent disability Asked flight attendant if she had asked passenger about carry-on Asked passenger about carry-on and medication CRO Role Play Debrief (cont’d)

65 Explained shared goal of safe and pleasant flight Stated passenger’s legal right to keep medication close under (c) CRO Role Play Debrief (cont’d)

66 Might consult medical personnel re: possibility of medical emergency during flight under 382.7(c); (b)(1)(iii) Acknowledged previous escalation of situation Restated goal of accommodating passenger’s needs while complying with safety regulations and Part 382 Allowed venting and acknowledged difficult situation CRO Role Play Debrief (cont’d)

67 Handle write up in accordance with law under (b)(2) and carrier policy Provide written statement summarizing facts and any steps carrier proposes to take under (a)(5)(ii) and (iii) Provide written statement at airport or within 10 calendar days of complaint under (a)(5)(iv) CRO Role Play Debrief (cont’d)

68 BOARDING, DEPLANING, AND MAKING FLIGHT CONNECTIONS Boarding and Deplaning Assistance - Overview of Law If requested, carrier must provide boarding or deplaning assistance under (a) Services personnel Ground wheelchairs Boarding wheelchairs

69 On-board wheelchairs (where required by law) Ramps or mechanical lifts under (a)(1) Wheelchair not always appropriate, required, or desired Train to proficiency in use of equipment and procedures Boarding, Deplaning and Making Flight Connections (cont’d)

70 Safety and dignity of passengers receiving assistance under (d) and a(d) Size of the aircraft affects type of assistance under and a No physically hand-carrying under (a)(2) Boarding, Deplaning and Making Flight Connections (cont’d)

71 Q.How quickly must boarding and deplaning assistance be provided? Provide “timely” boarding and deplaning assistance under (a) (f) requires “timely return of passengers’ wheelchairs and other assistive devices” (d) and a(d) require training to proficiency regarding use of equipment and safety and dignity of passengers Boarding, Deplaning and Making Flight Connections (cont’d)

72 Q. What does “timely” mean? “ As soon as practicable” Case-by-case basis Boarding, Deplaning and Making Flight Connections (cont’d)

73 Q.Are passengers who need boarding or deplaning assistance required to provide advance notice? No. Under (c)(3) and a(c)(3), if boarding assistance is provided by mechanical lift, carriers may require check in an hour before flight Even if passenger does not check in an hour before flight, carrier must provide boarding assistance as long as no flight delay results Boarding, Deplaning and Making Flight Connections (cont’d)

74 Q.Where does providing assistance with enplaning and deplaning begin and end? If requested, can begin at curbside at entrance to airport terminal. Deplaning assistance would end at curbside the exit of airport terminal or elsewhere in terminal if requested. Appendix III: Frequently Asked Questions, p. 3 Boarding, Deplaning and Making Flight Connections (cont’d)

75 Q.Does your carrier have any policies (including FAA safety considerations) that impact boarding and deplaning assistance? It depends on carrier’s policy. Boarding, Deplaning and Making Flight Connections (cont’d)

76 Connecting Assistance – Overview of Law If requested, carrier must provide assistance with transportation between gates under (a) Regardless of interline agreement Services of personnel Wheelchairs Boarding, Deplaning and Making Flight Connections (cont’d)

77 Ramps or mechanical lifts under (a)(1) Can’t leave passenger unattended in ground wheelchair if not independently mobile more than 30 minutes under (a)(3) No advance notice required Boarding, Deplaning and Making Flight Connections (cont’d)

78 Q.When is connecting assistance complete? When delivering carrier escorts passenger to connecting carrier’s gate or other location where receiving carrier has accepted responsibility under (a). Boarding, Deplaning and Making Flight Connections (cont’d)

79 Demonstrating Law on Deplaning Assistance – Role Play

80 DEPLANING ASSISTANCE ROLE PLAY DEBRIEF Did not put people on defensive Introduced herself and understood passenger’s right to speak with CRO Listened actively and took notes Initially gained understanding of situation, not present to observe

81 Was aware of time-sensitive situation Common interest of getting personal wheelchair to door of the plane Asked for details about status of wheelchair’s return Generated options for hurrying process along Deplaning Assistance Role Play Debrief (cont’d)

82 Apologized for delay and indicated management would receive notice Acknowledged that passenger was entitled to timely deplaning assistance (382.39(a)) and use of his own wheelchair (382.41(f)) Deplaning Assistance Role Play Debrief (cont’d)

83 Acknowledged previous escalation of situation Restated goal of accommodating passenger’s needs while complying with safety regulations and Part 382 Allowed venting and acknowledged difficult situation Deplaning Assistance Role Play Debrief (cont’d)

84 Handle write up in accordance with law under (b)(2) and carrier policy Provide written statement summarizing facts and any steps carrier proposes to take under (a)(5)(ii) and (iii) Provide written statement at airport or within 10 calendar days of complaint under (a)(5)(iv) Deplaning Assistance Role Play Debrief (cont’d)

85 Sources of Information Passenger Contractor has information about equipment retrieval Pilot and flight attendant draw from experience Deplaning Assistance Role Play Debrief (cont’d)

86 Other carrier personnel (a), (f)(2) TAM Carrier policies Deplaning Assistance Role Play Debrief (cont’d)

87 Sensitivity and Awareness Speak directly to passenger and stoop to communicate at eye level Look at passenger when speaking to him Ask if aisle chair is an option for short period of time Ask about other deplaning options Deplaning Assistance Role Play Debrief (cont’d)

88 Communication Use “person first” language when addressing and referring to passenger Acknowledge patience and frustration Apologize for problem Listen actively before formulating response Deplaning Assistance Role Play Debrief (cont’d)

89 Acknowledge pressures of work environment and time sensitivity Make eye contact Clarify information for yourself and others Deplaning Assistance Role Play Debrief (cont’d)

90 Conflict Resolution Be prepared to deal with anger and frustration and some fear Write things down and confirm accuracy Remind parties about shared interest in safe transfer and providing deplaning assistance Deplaning Assistance Role Play Debrief (cont’d)

91 Reiterate carrier’s legal responsibilities Generate options consistent with Part 382 and carrier policies Deplaning Assistance Role Play Debrief (cont’d)

92 SERVICE ANIMALS Q. What is the definition of a service animal? Any animal individually trained to perform or capable of performing functions to assist a qualified person with a disability, or Any animal necessary for emotional well-being

93 SERVICE ANIMALS (cont’d) Q.May service animals remain with the passenger in the cabin? Yes, consistent with FAA safety requirements. Service Animals (cont’d)

94 Q.How do you know if it’s a service animal or pet? Training or innate ability to assist person with a disability Ask passenger Accept credible verbal assurances If not emotional support animal, accept identification cards, other written documentation, physical indicators Service Animals (cont’d)

95 Q.What could you ask a passenger if you are unsure if the animal is a service animal? How does this animal assist with your disability? What has this animal been trained to do? Would you describe how the animal performs tasks or carries out functions for you? Service Animals (cont’d)

96 Q.What about a passenger accompanied by an emotional support animal? Carriers may require documentation to verify that an animal is an emotional support animal Such documentation is not required by law Service Animals (cont’d)

97 If documentation is required by carrier, it should be dated within a year of date of travel and state: passenger has mental health-related disability; passenger needs animal for mental-health condition; and provider of letter is licensed mental-health professional (or medical doctor) and passenger is under individual’s professional care Service Animals (cont’d)

98 Q.What if a service animal is behaving inappropriately in a public setting? Even with verification, carriers may refuse transportation if service animal’s behavior in public: Poses direct threat to health or safety of others, or Would cause significant disruption on board (“fundamental alteration” under 382.7(c), e.g., urinating, biting, etc.) Service Animals (cont’d)

99 If carrier refuses transportation of service animal: Offer alternative accommodations in accordance with Part 382 and carrier’s policy regarding carriage of animals Service Animals (cont’d)

100 Q.Can certain service animals, e.g., snakes and spiders, pose unavoidable safety and/or public health concerns? Yes, release of such an animal could pose a direct threat to health or safety of others. Service Animals (cont’d)

101 Q. Can a pig or a miniature horse be trained as a service animal or function as an emotional support animal? It depends, carriers handle those on case-by-case basis considering size, weight, foreign country restrictions, whether animal would pose a direct threat to health or safety of others or cause a fundamental alteration or disruption in cabin service. Service Animals (cont’d)

102 Q.Is a passenger with a disability accompanied by a service animal entitled to a seating accommodation? Yes. Service Animals (cont’d)

103 Carriers must allow service animal to sit close to its user under (a)(2) As long as FAA safety regulations followed Under seat in front of passenger, or Held by user as adult would hold an infant assuming animal is roughly the same or smaller size than a 2 year old Service Animals (cont’d)

104 Sources of information Appendix VI: DOT Guidance Concerning Service Animals in Air Transportation FAA Flight Standards Information Bulletin for Air Transportation (FSAT) #04-01A, “Location and Placement of Service Animals Engaged in Public Air Transportation” Service Animals (cont’d)

105 Depending on carrier’s policy, passengers accompanied by service animals may pre-board request an advance seat assignment Passenger generally knows most suitable seat for service animal Service Animals (cont’d)

106 If requested, carriers must provide a bulkhead seat if one exists, or a seat other than a bulkhead seat, depending on the passenger’s request under (a)(3) Service Animals (cont’d)

107 If carrier has advance seat assignment system, passenger must self-identify If carrier has no advance seat assignment system, passenger may pre-board to select most suitable seat under (d) Service Animals (cont’d)

108 No undue burden or fundamental alteration of services under 382.7(c) when seating passengers accompanied by service animals Service Animals (cont’d)

109 DOT does not require: Asking other passengers to give up space in front to accommodate someone else’s service animal; Denying transportation to accommodate passenger with service animal; Furnishing more than one seat per ticket; or Providing seat in class of service other than one purchased by passenger Service Animals (cont’d)

110 Demonstrating Law on Service Animals – Short Exercise

111 SERVICE ANIMALS SHORT EXERCISE DEBRIEF Passenger entitled to have monkey in close proximity Given monkey’s size, sitting on lap okay Option to move seatmate If no other seats available, allay seatmate’s concerns Not required by law

112 Sources of Information Passenger Other carrier personnel 382.7(c), (a)(1) and (2) Service Animals Short Exercise Debrief (cont’d)

113 DOT Guidance on Service Animals FAA document TAM Carrier policies Service Animals Short Exercise Debrief (cont’d)

114 Sensitivity and Awareness Be aware of service animal training to provide numerous services or functions Don’t distract service animal Stoop to communicate with passenger at eye level Look at person when speaking to her Respect privacy of passenger accompanied by service animal Service Animals Short Exercise Debrief (cont’d)

115 Communication Use “person first” language when addressing and referring to passenger Acknowledge discomfort, but explain legal requirements Listen actively before formulating response Service Animals Short Exercise Debrief (cont’d)

116 Use respectful tone Maintain professional manner Make eye contact Clarify information Service Animals Short Exercise Debrief (cont’d)

117 Conflict Resolution Be prepared to deal with anger and frustration and some fear Write things down and confirm accuracy Remind parties about shared interest in safe transfer and accommodating passenger traveling with service animal Reiterate carrier’s legal responsibilities Generate options consistent with Part 382 and carrier policies Service Animals Short Exercise Debrief (cont’d)

118 ASSISTIVE DEVICES Definition of Assistive Device Any piece of equipment to assist passenger with a disability carry out major life activity

119 Carrying out major life activity includes: caring for oneself performing manual tasks performing functions of daily life such as walking, seeing, hearing, speaking, breathing, learning and working Assistive devices include medical devices, medications, and bags/cases to carry them Assistive Devices (cont’d)

120 Legal requirements for stowage and treatment under Ventilator/respirators Non-spillable batteries (needed for assistive device) Canes Wheelchairs Other assistive devices Assistive Devices (cont’d)

121 Passengers can bring assistive devices on board if consistent with FAA safety regulations Passengers can stow canes/other assistive devices close to seats under (c) Assistive Devices (cont’d)

122 Assistive devices not counted toward limit on carry-on items under (d) Wheelchairs and other assistive devices stowed in baggage compartment with priority over other cargo and baggage under (f)(3) No charge imposed if weight limit on checked baggage exceeded under Assistive Devices (cont’d)

123 Folding, collapsible, or breakdown battery- powered wheelchairs or components thereof may be stowed: In overhead compartments or under seats consistent with FAA regulations under (e)(1) Assistive Devices (cont’d)

124 If the aircraft contains closet or storage area big enough to accommodate passenger’s wheelchair, carrier must designate it as priority stowage space for at least one passenger’s wheelchair If passenger pre-boards, may stow wheelchair in designated storage space with priority over other carry-on items Assistive Devices (cont’d)

125 If passenger does not pre-board, may stow wheelchair in designated storage space on first- come, first-served basis under (e)(2) If no on-board stowage area big enough for wheelchair, carrier must stow it in cargo compartment with priority over other luggage under (e)(3) Assistive Devices (cont’d)

126 When wheelchair cannot be stowed in cabin, carriers must ensure timely checking and return of passenger’s wheelchair/assistive device close to door of aircraft so passenger can use own equipment under (f) Assistive Devices (cont’d)

127 If requested, return wheelchair/assistive device at baggage claim area under (f)(1) When wheelchair cannot be stowed in cabin, must stow passenger’s wheelchair/assistive device in baggage compartment with priority under (f)(3) Assistive Devices (cont’d)

128 Must be among first items retrieved from baggage compartment under (f)(2) If giving priority to wheelchairs/assistive devices “bumps” passengers’ non-assistive device-related baggage Use best efforts to ensure non-assistive device- related baggage reaches destination within four hours Assistive Devices (cont’d)

129 Battery-Powered Wheelchairs Carriers must accept battery-powered wheelchairs as checked baggage unless baggage compartment size and aircraft airworthiness considerations prohibit it under (g) Assistive Devices (cont’d)

130 Carriers may require one-hour advance check-in to have battery-powered wheelchair transported (including in cabin where required) under (g)(1) Even without advance check-in carriers must make reasonable effort to transport wheelchair as long as no flight delay Assistive Devices (cont’d)

131 No removal and separate packaging of battery required if battery on wheelchair has been labeled by manufacturer as non-spillable or wheelchair with a spillable battery can be loaded, stored, secured, and unloaded in upright position Assistive Devices (cont’d)

132 Carriers may remove and package separately a damaged/leaking battery under (g)(2) When necessary to detach battery, carriers must provide packaging and package battery consistent with hazardous materials regulations under (g)(3) Assistive Devices (cont’d)

133 Carriers must not charge for such packaging under Carriers must not drain batteries under (g)(4) If requested, carriers must stow wheelchair in cabin consistent with above requirements Assistive Devices (cont’d)

134 If wheelchair can be stowed in cabin without removing battery, then carriers must not remove battery If wheelchair cannot be stowed in cabin without removing battery, then carriers must remove and stow battery in baggage compartment In this case, carriers must permit wheelchair, with battery removed, to be stowed in the cabin under (g)(5) Assistive Devices (cont’d)

135 Carriers must permit written instructions concerning disassembly/reassembly of passengers’ wheelchairs under (h) When wheelchairs/assistive devices disassembled for stowage, carriers must reassemble them and ensure prompt return Carriers must return wheelchair/assistive device to passenger in same condition in which they received it under (a) Assistive Devices (cont’d)

136 On domestic flights, normal baggage liability limits do not apply to loss, damage, or delay concerning wheelchairs/assistive devices Criterion for calculating compensation must be original price under (b) Assistive Devices (cont’d)

137 Demonstrating Law on Assistive Devices – Role Play

138 ASSISTIVE DEVICES ROLE PLAY DEBRIEF No assistive device definition in Part 382but DOT interpretation available Handle on case-by-case basis Generally, carriers must transport and cannot charge under Under 382.7(c) no undue burden or fundamental alteration of program Transporting bed = undue burden / fundamental alteration

139 Is passenger qualified individual with a disability as defined in 382.5? If so, does bed assist with major life activity? If reservation agent determines bed is not assistive device, explain policy regarding contents of the cargo compartment (dimensions, weight limitations, fees, etc.). Consult CRO and other carrier personnel to determine feasibility Assistive Devices Role Play Debrief (cont’d)

140 Sources of Information Passenger Other carrier personnel draw from experience CRO Medical personnel Assistive Devices Role Play Debrief (cont’d)

141 382.5, TAM FAA regulations Carrier policies Assistive Devices Role Play Debrief (cont’d)

142 Sensitivity and Awareness Respect privacy Explore whether if qualified individual with a disability under ACAA Assistive Devices Role Play Debrief (cont’d)

143 Communication Use “person first” language when addressing and referring to passenger Listen actively before formulating response Maintain professional manner Use respectful tone Assistive Devices Role Play Debrief (cont’d)

144 Explain carrier’s legal responsibility to protect civil rights Raise concern about whether passenger covered under ACAA If not, state respectfully but authoritatively that carrier will not transport bed free of charge Explain may not be feasible to transport bed depending on carrier’s fleets, policies Assistive Devices Role Play Debrief (cont’d)

145 Conflict Resolution Be prepared to deal with anger and frustration Write things down and confirm accuracy Remind passenger about shared interest in safe travel and accommodation of all passengers Reiterate carrier’s legal responsibilities Assistive Devices Role Play Debrief (cont’d)

146 Explain carrier policies regarding transportation of larger/heavier items Generate options consistent with Part 382 and carrier policies Assistive Devices Role Play Debrief (cont’d)

147 SEATING ASSIGNMENTS AND ACCOMMODATIONS Seating Assignments and Accommodations - Overview of Law Only Safety Affects Seat Assignments No refusal of transportation because of appearance or involuntary behavior that may offend, annoy, or inconvenience under (b)

148 No exclusion from exit row or other location No seat assignment requirement based on passenger’s disability except to comply with FAA safety requirements under (a) Carriers must offer other seat location in same class of service as alternative to refusing transportation under (b) Seating Assignments and Accommodations (cont’d)

149 Demonstrating Law on Seating Assignments – Short Exercise

150 SEATING ASSIGNMENT SHORT EXERCISE DEBRIEF As long as safety not an issue, carrier cannot restrict a passenger from particular seat If passenger touches others, safety considerations could require own row, if available, as alternative to refusing transportation If physical or verbal manifestations of Tourette’s syndrome jeopardize others, could create safety concerns

151 Refusing transportation could be appropriate If annoyance, not safety concern, no seating assignment restriction Seating Assignments and Accommodations (cont’d)

152 Sources of Information Passenger Other carrier personnel (b), (a) Seating Assignments and Accommodations (cont’d)

153 FAA document TAM Carrier policies Seating Assignments and Accommodations (cont’d)

154 Sensitivity and Awareness Look at person when speaking to him/her Respect privacy Consider non-apparent disability or intermittent disability Seating Assignments and Accommodations (cont’d)

155 Communication Use “person first” language when addressing and referring to passenger Acknowledge discomfort, but explain legal requirements Listen actively before formulating response Seating Assignments and Accommodations (cont’d)

156 Use respectful tone Maintain professional manner Make eye contact Clarify information Seating Assignments and Accommodations (cont’d)

157 Conflict Resolution Be prepared to deal with discomfort Write things down and confirm accuracy Remind parties about shared interest in safe transfer and accommodation of all passengers and crew Seating Assignments and Accommodations (cont’d)

158 Reiterate carrier’s responsibilities under law and DOT guidance Generate options consistent with Part 382 and carrier policies Exercise best judgment under circumstances Seating Assignments and Accommodations (cont’d)

159 If passenger self-identifies and requests seating accommodation, carriers are required to provide four seating accommodations, as follows: First, for passenger using aisle chair to access aircraft, provide seat with moveable armrest if one exists under 382.3(a)(1) Second, for passenger who travels with care attendant, provide seat for attendant next to passenger under (a)(2)(iii) Seating Assignments and Accommodations (cont’d)

160 Third, for passenger accompanied by service animal, provide bulkhead or a seat other than a bulkhead seat depending on passenger’s request in same class of service under (a)(3) Fourth, for passenger who has fused/immobilized leg, provide bulkhead or other seat with more legroom than other seats on side of aisle that best accommodates passenger in same class of service under (a)(4) Seating Assignments and Accommodations (cont’d)

161 Advance Seat Assignments Seat “Blocking” Method Carriers “block” adequate number of seats and must not assign “blocked” seats other than to those entitled until 24 hours before flight Seating Assignments and Accommodations (cont’d)

162 Even if qualified passenger with disability does not make request 24 hours before flight, carrier must provide requested seating accommodation to extent practicable But not required to reassign seat assigned to another passenger under (b)(1)(i), (ii), and (iii) Seating Assignments and Accommodations (cont’d)

163 Demonstrating Law on Seat “Blocking” Method – Short Exercise

164 SEAT “BLOCKING” METHOD SHORT EXERCISE DEBRIEF Since passenger made timely request, assign one of “blocked” bulkhead seats under (b)(1)(ii) If passenger had requested bulkhead within 24 hours of flight, would provide bulkhead to extent practicable but not required to reassign seat already assigned under (b)(1)(iii)

165 Advance Seat Assignments “Priority” Seating Method Carriers designate “priority” seats for those entitled to seating accommodation Seating Assignments and Accommodations (cont’d)

166 Carriers must provide notice about possible reassignment Carrier may provide notice through computer reservation system or other appropriate means under (b)(2)(i) Seating Assignments and Accommodations (cont’d)

167 Carrier must provide “priority” seat if requested and if passenger entitled to seating accommodation checks in one hour before flight If all “priority” seats have been assigned to other passengers, carrier must reassign seats to accommodate passenger entitled to seating accommodation under (b)(2)(ii) Seating Assignments and Accommodations (cont’d)

168 If no check-in one hour before flight, carrier must provide requested seating accommodation to extent practicable but not required to reassign seat under (b)(2)(iii) Seating Assignments and Accommodations (cont’d)

169 Demonstrating Law on “Priority” Seating Method – Short Exercise

170 “PRIORITY” SEATING METHOD SHORT EXERCISE DEBRIEF Passenger using aisle chair should have received notice about “priority” seat and possibility of reassignment under (b)(2)(i) Passenger using aisle chair entitled to “priority” seat in row with movable armrest if requested and checked in at least an hour before flight under (a)(1)

171 Passenger using aisle chair would be reassigned to seat in row with movable armrest Passenger with immobilized leg would be assigned fourth “priority” bulkhead seat “Priority” Seating Method Short Exercise Debrief (cont’d)

172 Other Seating Accommodations for Passengers with Disabilities Passengers may identify themselves as passengers with disabilities and request seating accommodation under (c) Carriers using “block” method not required to offer “blocked” seat when passenger with disability other than the types of passengers with disabilities entitled to a seating accommodation makes reservation more than 24 hours before flight under (c)(2)(i) Seating Assignments and Accommodations (cont’d)

173 Carrier must assign any seat not already assigned to another passenger that accommodates passenger’s needs even if seat not available for assignment to general passenger population under (c)(1)(ii) Seating Assignments and Accommodations (cont’d)

174 When passengers with disabilities make reservations with carriers using “priority” method, carrier must assign any seat not already assigned to accommodate passenger’s needs, even if a seat is not available for assignment to general passenger population under (c)(2)(i) If a passenger with a disability is assigned to a “priority” seat, subject to reassignment under (c)(2)(ii) Seating Assignments and Accommodations (cont’d)

175 Short exercise: Advance seating assignment other than one of the four types listed under the law - Seat “blocking” method Must assign remaining bulkhead to passenger with arthritis in spine under (c)(1)(ii) “Block” Seating Method Short Exercise Debrief (cont’d)

176 Short exercise: Advance seating assignment other than one of the four types listed under the law – “Priority” seating method Assign passenger with arthritis in spine one of two “priority” seats but notify him that his “priority” seat could be reassigned if another passenger entitled to “priority” seat requests one and checks in one hour before flight under (c)(2)(ii) “Priority” Seating Method Short Exercise Debrief (cont’d)

177 No Advance Seat Assignments If no advance seat assignments system, passengers who self-identify may choose to pre- board (before other passengers entitled to pre- board) and select seats that best meet needs under (d) Carrier must receive written approval from DOT to comply with seat accommodations requirement in another way under (e) Seating Assignments and Accommodations (cont’d)

178 Other Legal Requirements Provide seating accommodation when requested even if seat not available to general passenger population under (f) If carrier assigns seat to passenger with disability entitled to such seat and another passenger with a disability subsequently requests same seat, no reassignment unless first passenger consents under (g) Seating Assignments and Accommodations (cont’d)

179 Must not deny transportation to provide seat accommodation under (h) Not required to provide more than one seat per ticket or seat in different class to accommodate passenger requesting seating accommodation under (i) Carriers encouraged to seat disabled passengers needing extra room to accommodate disability next to empty seat if requested and available Must comply with all FAA safety requirements under (j) Seating Assignments and Accommodations (cont’d)

180 Demonstrating Law on Seating Assignments – Short Exercise

181 ANOTHER SEATING ASSIGNMENT SHORT EXERCISE DEBRIEF Because passenger has an immobilized leg and requested seat assignment, carrier must provide bulkhead seat or other seat on side of aisle that best accommodates him under (a)(4) Not required to provide seat in first class because passenger holds economy class ticket under (i)

182 Sources of Information Passenger Other carrier personnel , (a)(1) Another Seating Assignment Short Exercise Debrief (cont’d)

183 FAA document TAM Carrier policies Another Seating Assignment Short Exercise Debrief (cont’d)

184 Sensitivity and Awareness Look at person when speaking to him/her Respect privacy Be aware that self-identification for seat assignment Another Seating Assignment Short Exercise Debrief (cont’d)

185 Communication Use “person first” language when addressing and referring to passenger Acknowledge discomfort, but explain legal requirements Listen actively before formulating response Another Seating Assignment Short Exercise Debrief (cont’d)

186 Foster useful information exchange Provide information about carrier’s policies re seat assignments and aircraft accessibility, including any seats carrier does not make available to qualified individuals with a disability under (a)(1) Another Seating Assignment Short Exercise Debrief (cont’d)

187 Use respectful tone Maintain professional manner Make eye contact Clarify information Another Seating Assignment Short Exercise Debrief (cont’d)

188 Conflict Resolution Be prepared to deal with dissatisfaction Write things down and confirm accuracy Remind parties about shared interest in safe transfer and accommodation of all passengers and crew Another Seating Assignment Short Exercise Debrief (cont’d)

189 Reiterate carrier’s responsibilities under the law Exercise best judgment under circumstances Provide basis for decision Another Seating Assignment Short Exercise Debrief (cont’d)

190 COMMUNICABLE DISEASES/MEDICAL CERTIFICATES/ATTENDANTS Communicable Diseases – Overview of Law Except as described below, carriers must not – refuse transportation to; – require medical certificate from; or – impose condition, restriction, or requirement not imposed on other passengers ON passenger with communicable disease or infection under (a)

191 If passenger with communicable disease or infection poses direct threat to health or safety of others, carrier may take any action listed above Direct threat means significant risk to health or safety of others that cannot be eliminated by modification of policies, practices, or procedures, or by provision of auxiliary aids or services Communicable Diseases/Medical Certificates/Attendants (cont’d)

192 Make individualized assessment based on a reasonable judgment relying on current medical knowledge or best available objective evidence If medical certificate would alleviate concerns or reasonable modification of policies, practices, or procedures would lessen risk to other passengers, then consider when making individualized assessment Communicable Diseases/Medical Certificates/Attendants (cont’d)

193 If passenger poses direct threat to health and safety of others choose least restrictive option under (b)(4) refuse transportation require medical certificate stating that - condition not transmittable during flight or - measures to prevent transmission under (c); or Impose special condition or restriction (e.g., wearing mask) Communicable Diseases/Medical Certificates/Attendants (cont’d)

194 Medical Certificate – Overview of Law Medical certificate = written statement from passenger’s physician Carriers must not require a passenger with a disability to provide a medical certificate as a condition for being provided transportation (a) States passenger capable of completing flight safely without requiring extraordinary medical assistance during flight under (b)(2) Communicable Diseases/Medical Certificates/Attendants (cont’d)

195 Carriers may require medical certificate only if passenger with a disability is traveling on stretcher or in incubator; needs medical oxygen during flight; or has medical condition that creates reasonable doubt that he/she can complete flight safely without requiring extraordinary medical assistance during flight under (b)(1) Communicable Diseases/Medical Certificates/Attendants (cont’d)

196 If carrier determines passenger with communicable disease or infection poses direct threat to health or safety of others, may require medical certificate under (c)(1) Medical certificate must be dated within 10 days of flight under (c)(2) Communicable Diseases/Medical Certificates/Attendants (cont’d)

197 Demonstrating Law on Medical Certificates and Communicable Diseases – Short Exercise

198 MEDICAL CERTIFICATE AND COMMUNICABLE DISEASE SHORT EXERCISE DEBRIEF Generally, must not refuse travel to, require medical certificate from, or impose special conditions on passenger with communicable disease or infection But if direct threat to health or safety of others, determine best course of action Choose least restrictive option

199 Obtain basic information about girl’s condition Contact CRO and medical personnel Mother says child has chicken pox but no longer contagious, may still choose least restrictive option of requiring medical certificate Medical Certificate And Communicable Disease Short Exercise Debrief (cont’d)

200 Contents of medical certificate under (c)(2): from child’s physician, states child’s chicken pox not contagious, includes any conditions or precautions to prevent transmission, and dated within ten days of flight Medical Certificate And Communicable Disease Short Exercise Debrief (cont’d)

201 Child not permitted to fly if Medical certificate incomplete, or Passenger attempts to travel before date specified in medical certificate, or conditions outlined to prevent transmission not implemented Medical Certificate And Communicable Disease Short Exercise Debrief (cont’d)

202 Attendants – Overview of Law Generally not appropriate to require personal care attendant to accompany passenger with disability under (a) Medical Certificate And Communicable Disease Short Exercise Debrief (cont’d)

203 Safety May Necessitate Attendant May require passenger with disability to travel with attendant if passenger is: – traveling on stretcher or in incubator (where service offered) – mentally disabled and unable to comprehend or respond appropriately to safety instructions Communicable Diseases/Medical Certificates/Attendants (cont’d)

204 – severely impaired with respect to mobility and would be unable to assist in own evacuation – deaf and severely impaired with respect to vision such that passenger could not adequately communicate to permit transmission of safety briefing under (b)(1) – (4) Communicable Diseases/Medical Certificates/Attendants (cont’d)

205 If Carrier Requires Attendant for Safety and Passenger Disagrees Carrier must not charge for transportation of attendant under (c) If no seat available for attendant and passenger with disability with confirmed reservation unable to travel, passenger eligible for denied boarding compensation under (d) Attendant deemed to have checked in at same time as passenger with disability under (e) Communicable Diseases/Medical Certificates/Attendants (cont’d)

206 If attendant recruited to accompany passenger even though carriers not obligated to do so, carrier may ask – off-duty airline employee traveling on same flight – volunteer from among other customers traveling on same flight and offer free ticket or – passenger with disability to choose attendant and offer free ticket Communicable Diseases/Medical Certificates/Attendants (cont’d)

207 If attendant accompanying passenger on stretcher or in incubator, attendant must be capable of attending to passenger’s in-flight medical needs under (b)(1) Otherwise, purpose of attendant is to assist passenger with disability in emergency evacuation Other than situation above (stretcher or incubator) attendant not obligated to provide personal services Communicable Diseases/Medical Certificates/Attendants (cont’d)

208 Demonstrating Law on Attendants – Short Exercise

209 ATTENDANTS SHORT EXERCISE DEBRIEF Determine extent of mobility impairment by asking whether he could assist with his own evacuation Determine whether he has functional ability to make progress toward exit If passenger says he can shout “Help!” explain issue is whether he can physically assist in evacuation

210 If not, carrier may require him to travel with attendant If passenger required to travel with safety attendant and disagrees with carrier’s assessment he may choose attendant or carrier can assist by recruiting off-duty employee or another passenger No charge for transportation of attendant Attendants Short Exercise Debrief (cont’d)

211 Sources of Information Passenger Other carrier personnel: CRO, medical personnel , , Attendants Short Exercise Debrief (cont’d)

212 FAA regulations TAM Carrier policies Attendants Short Exercise Debrief (cont’d)

213 Sensitivity and Awareness Look at person when speaking to him/her Respect privacy and be discreet Attendants Short Exercise Debrief (cont’d)

214 Communication Use “person first” language when addressing and referring to passenger Acknowledge discomfort, but explain legal requirements Listen actively before formulating response Attendants Short Exercise Debrief (cont’d)

215 Use respectful tone Maintain professional manner Make eye contact Clarify information Attendants Short Exercise Debrief (cont’d)

216 Conflict Resolution Be prepared to deal with discomfort and frustration Write things down and confirm accuracy Remind parties about shared interest in safe transfer and accommodation of all passengers and crew Attendants Short Exercise Debrief (cont’d)

217 Reiterate carrier’s responsibilities under law Exercise best judgment under circumstances Provide basis for determination Attendants Short Exercise Debrief (cont’d)

218 CONCLUSION Accomplished goals by Gaining understanding of Part 382 through hands-on application of law and Using four pieces of information, sensitivity and awareness, communication, and conflict resolution

219 Questions Comprehension Check and Evaluation Certificates of Completion CONCLUSION


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