Policy and Policy Development Archives

ABCB moves to next phase

The process for the Regulatory Impact Statement (RIS) for Accessible Housing is underway. With more consultations due soon for the RIS, it is worth refreshing our memories on the issues. Using a lot less words, a Building Connection magazine article picks out the key points of the first report by the Australian Building Codes Board. The article by Jane Bringolf is on page 16 of the online flipbook titled, A Summary of the ABCB’s Report on Mainstream Accessible Housing. The infographic shows the timeline for the project. If minimum access (universal design) features are agreed, it will be included in the 2022 edition of the National Construction Code. The related Regulatory Impact Statement (RIS) is expected to be released in June 2020.

CUDA made a submission to the Australian Building Codes Board Options Paper.

What’s disability got to do with climate change?

Climate change is affecting everyone, but when a catastrophic event occurs some people are more at risk than others. Evacuation, temporary shelter, and access to specialist assistance pose specific problems for older people, children and people with disability. So the UN is calling on governments to listen to those who are most affected by natural disasters.

Some countries and regions have disaster plans that pay attention to vulnerable groups. But individuals rarely have plans. Many older people and people with disability are not able to evacuate as quickly as others. Accessing assistance afterwards is also a problem. As a disaster can cause disability this aspect is all the more important. This is one of the findings in Disability and Development Report which collated data from more than 100 countries. The specific section on disasters is on page 240. The situation appears to be the same in both developed and developing countries.

You can read an overview in the Pacific Standard article, The UN is calling for inclusion of people with disabilities in the climate change debate.

Safe Evacuation for All

Next time you have a fire drill take a moment to consider whether anyone could be experiencing difficulty getting out. And it is not all about mobility issues. In a real situation some people are likely to panic or experience high levels of anxiety. Fire wardens can be trained to manage these situations, but is the design of the building helpful as well? The guide, Safe Evacuation for All has some really useful information to help.

The guide is for anyone involved in planning and managing safe evacuation from buildings. This includes facilities and accommodation staff, health and safety staff, access officers, human resource professionals and others. Design professionals and fire engineers will find it useful too. The guide was developed by the National Disability Authority in Ireland. Each section is available to download separately: the guide, a risk assessment checklist and a PEEP template.

The aims of this publication are to:

- encourage anyone preparing an evacuation plan to consider the needs of people of all ages, sizes, abilities and disabilities;
- help those responsible for buildings to recognise the evacuation features relevant for people with disabilities;
- give guidance on providing safe evacuation for everyone; and
- identify good practice in providing safe evacuation for everybody.

The title of the guide is, Safe Evacuation for All.

Connect me to my car

Gerard Goggin has written a thoughtful piece on the issue of automated vehicles and how they might, or might not, be a boon for people with disability. The value of automated vehicles for people with disability is often mentioned in articles related to this technology, but will that value be realised? The article raises some important points about the depiction of disability and how it is communicated and how that plays out into the world of technological development. Goggin covers “blind driving”, developments by Google and Waymo and more. Mentioning the inclusion of older people and people with disability as good news stories is insufficient to put these users at the centre of designs. Written in academic style but important thinking going on here. The title of the article is, Disability, Connected Cars, and Communication.

Introduction: In this article, I take up a highly visible theme in discourses, experimentation, and manufacture of connected cars and autonomous vehicles: disability. I analyze the leading ways in which this new kind of technology is imagined for particular users with disability, as in the highly publicized case of Google’s pilot driverless vehicle promoted as a boon for blind people and those with vision impairments. Then, I try to stand this kind of framing of connected-cars-as-good-for-disability on its head, and discuss the implications for questions of emerging social technology, equality, diversity, and design. Reflecting on this analysis, I look at what disability tells us about connected cars, and, indeed, how we might rethink communication and technology.

Note: Gerard Goggin co-authored a book, “Disability in Australia: exposing a social apartheid”. Written in 2005, it is still relevant today. It can be bought online or accessed through the National Library of Australia.

United Nations Inclusion Strategy

The United Nations is planning to actively include people with disability at all levels of their operations. It’s one thing to have a Convention on the Rights of Persons with Disability, but not a good look if the UN itself isn’t leading by example.

UN Secretary-General, António Guterres, said, “Realizing the rights of persons with disabilities is a matter of justice as well as a common-sense investment in our common future”, but “we have a long way to go in changing mindsets, laws and policies to ensure these rights”. Global Accessibility News has more detail on this story. Better late than never.

What is “reasonableness’ in the concept of reasonable accommodation” when it comes to applying accessibility and universal design? Professor Rafael de Asis Roig discusses this philosophical question in the context of the UN Convention on the Rights of Persons with Disability. He contends that the content of universal accessibility is “constrained by three types of circumstances that could be considered as the bounds for what is necessary, possible and reasonable”.

Universal Design and Reasonable Accommodation

For anyone interested in the debate about reasonableness, and the application of “unjustifiable hardship” rulings by the Australian Human Rights Commission, this article explores reasonableness from different perspectives and concludes,

“Therefore, in accordance with the foregoing, it is possible to have a comprehensive vision about reasonableness in the disability domain. This demand makes it necessary to deem a measure as reasonable in the context of disabilities when:

- It is justified because it adequately provides for full participation in society.
- It shall be deemed as possible, taking into account the state of scientific, technical and human diversity knowledge.
- It shall be deemed as a non-discriminatory differentiation or undifferentiation which is not harmful for physical and moral integrity and at the same time does not prevent from meeting basic needs nor avoids participation in society on an equal basis.
- It shall be deemed as proportional and, therefore, entails more advantages than sacrifices within the context of human rights.
- It shall be deemed as acceptable by the community to which it is addressed.”

The article, Reasonableness in the Concept of Reasonable Accommodation, was published in The Age of Human Rights Journal, 6 (June 2016)

An earlier unpublished article tackles the issues of human rights and “unjustifiable hardship” in the Australian context by Schraner, Bringolf and Sidoti which discusses the issues from an economic perspective. Written in 2012, it pre-dates the implementation of the National Disability Insurance Scheme.

Australia’s Digital Inclusion Index

The international Digital Accessibility Rights Evaluation Index (DARE) rates Australia as 71 points out of 100. Apparently this makes us 12th in global rankings with an implementation ranking of 10th. The index takes Australia’s laws and regulations, policies and programs, and capacity to implement inclusive technology into the scale. It seems Australia has full capacity to implement, but has only just passed the halfway mark in actual implementation.

More detail is available on the G3ict website. You can also see the score of other countries. Oman has the top overall global ranking of 81 points.

G3ict has also produced a report with more detail. “The report gathers insights from the survey by Level Access in cooperation with G3ict on the current state of accessibility in organizations as undertaken by 550 professionals from organizations of all sectors. The high number of responses shows the considerable interest for trends in accessibility implementation. Readers are encouraged to go through the detailed results of the survey and compare them to their own experience to help advance their own endeavors and the accessibility profession at large.”

Diversity, Disability and Disbelief

Diversity, disability and disbelief jointly create barriers to creating an inclusive workplace. When the disability isn’t obvious, disbelief by others becomes another barrier to inclusion. Owning up and spelling out what you need is painful enough. So not being believed is the final straw. If you have a mental health condition this can be devastating. A personal story by a library employee highlights how attitudes are just as important as any physical workplace accommodations.

The title of the article is, The Impact of Disbelief: On Being a Library Employee with a Disability. You will need institutional access for a free read or ask for a free copy from ResearchGate.

From the abstract:

As a library employee with a hidden disability (post-traumatic stress disorder [PTSD]), just going through the accommodation process is difficult. The process is invasive and includes an in-depth interview with a disability specialist who knows nothing about you.

The process also requires a letter from a care provider detailing both the accommodation and why it is necessary. So, the person must first be diagnosed by a medical professional or a psychiatrist. The process is made more difficult and painful when supervisors and administrators do not recognize the validity of the condition for which the accommodation is needed.

This paper explores the accommodation process, its impact on the employee, and the politics and psychology of disbelief and suspicion. Through the lens of personal experience and reflection, I will explore how the library can be a place of ableist views that limit the abilities and potential of employees with disabilities. I will also provide guidelines for combating ableism in the library workplace.

There is a companion article Disability, the Silent D in Diversity, which gives the library experience of wanting to have diversity, but not wanting it to be too difficult.

Diversity and inclusion: why don’t they care?

When the terms ‘diversity’ and ‘inclusion’ fall on certain ears, it raises hackles and is considered a big problem. The Fifth Estate has published a very interesting article titled, Why people hate on diversity and inclusion (and how to get them not to). It’s by the CEO of Diversity Council Australia, Lisa Annese. She quotes David Gaider, “Privilege is when you think something is not a problem because it’s not a problem to you personally.”

Annese discusses the research that shows the more diverse a company’s workforce, the more satisfied the whole workplace is. And that leads to improved productivity. It should also lead to better service for their customers. They are a diverse lot too!

Politics of Disability and Universal Design

Book reviews can reveal good information in their own right. One such case is the review of Aimi Hamraie’s book, Building Access: Universal Design and the Politics of Disability. The book traces the history of universal design from the 1950s in the United States to current ideas. Hamraie discusses the issues of the politics of disability from both design and disability perspectives.

Chapter 4 of the book discusses how the curb cut campaign in the USA became disability politics in action. Curb cuts cannot be considered universal design because they don’t benefit everyone. They do not further the rights or inclusion of people with disability. However they became a sign that people with disability had rights that were being ignored.

This is an academic text of value to both design and disability studies.

Other articles about Hamraie posted previously are:

UD: Social justice or just marketing?

The evolution of UD and accessibility

Mapping Access: People, Place and Justice

What does inclusion actually mean?

Kat Holmes found the origin of include was to “shut in”. Similarly, the origin of exclude was to “shut out”. Maybe “inclusion” is not the right word for describing the inclusion of everyone in products, places and things. So what does inclusion actually mean?

Holmes explains in the video below, that the topic of diversity is discussed as gender, sexual orientation, religious belief, ethnicity, and race. Disability is usually mentioned last in the list, if at all. “But it is the one category that transcends all other categories”, she says. “Abilities are constantly changing”.

Holmes’ offers an alternative way for designers to consider diversity, and is based on her book, Mismatch: How Inclusion Shapes Design. An engaging talk for all upcoming designers in any field. And not just professional designers either. We all design things every day, so we all have a role to play.

Editor’s Note: I discussed this issue in a 2009 paper. Inclusion requires those who are already included to invite into the group those who are excluded. Semantics are important. What we need is inclusiveness – that’s where inclusion has already happened and there are no exclusions. Inclusion is a futuristic concept – it’s something we are striving for. It it were achieved, no further discussion would be needed.

Click-away customers

Click-away customers are not those clicking on the pages on your website. They are clicking off because they can’t navigate the pages. A neat video by Barclays Bank debunks common myths about customer complaints, costs of being accessible, access being someone else’s job, it’s too small a market for all that time and effort, and accessible design is boring design. Towards the end there is a great statement, “accessible design should work well for those who need it, and be invisible to those who don’t”. A really useful video for anyone promoting accessible customer service in our digital world, and for others wondering if it really is worth the effort. The video is captioned.

UD in Housing: Does it really cost more?

Do homes really have to be larger to incorporate universal design features? Unlikely says Kay Saville-Smith, a housing researcher from New Zealand. In her keynote address at the UD Conference in 2014 she explained why. Her presentation discussed the “size fraud” and the mistaken idea that homes need to be larger and therefore more expensive. She also referred to the “blame game” where nothing changes because no-one takes the first step. Below is an excerpt from the full transcript of her presentation, Making Universal Design a Reality – Confronting Affordability.

“Builders like to talk about cost per square metre so the larger the living space, the cheaper the perceived cost. Although the floor space need not expand to bring in UD features, it is believed that you do. So people say they won’t pay for that – or more to the point the builders say that”.

She goes on to say, “…there are still the two old barriers to renovating and building homes with universal design and indeed the streetscape, and those two things are twofold. One is what I’ve talked about in the past as the vicious cycle of blame that goes on in the building industry, which is no-one wants to change to do anything because the other person hasn’t asked them to do it. Investors don’t want universal design, so I the builder can’t build that, but if investors want it, sure I will build it. Investors will say I can’t build it because the builder won’t come in at the right cost, and both of them blame the architect, of course, because the architect is off site at that point. So that is one issue.

The other issue is that we have the “innovation chasm” where we have solutions but getting them taken up and getting to a tipping point where it’s an expectation of what you get out of the housing market, is a big jump and typically you need about 30% or so of the market to be taking that kind of innovation challenge rather than taking the opportunity to be an early adopter. 30% is a big jump…”

Category: Policy and Policy Development

ABCB moves to next phase

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