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Air Carrier Access Act
14 CFR Part 382 Non-discrimination on the Basis of
Disability in Air Travel
29 April 2009Heidi Giles MacFarlane & Richard Gomez
Today’s Discussion
• The ACAA Rule
• What to Expect from the DOT on May 13
• Importance of Training
• Respiratory Assistive Devices
14 CFR Part 382
Effective May 13, 2009… “no air carrier may discriminate against
any otherwise qualified individualwith a disability…”
U.S. Department of Transportation (DOT)
How MedAire Complies
• Closely monitor regulations worldwide
• Respond to medical-related NPRMs
• Understand and comply with regulations
• Help airlines mitigate medical risk
What to Expect• More passengers with unique needs
• Passengers with disabilities who are aware of the new rule
• Affected persons who may file a complaint
• Monitoring by the DOT
• Inspections and potential fines
Compliance Activities
• Role of DOT’s Office of the Assistant General Counsel for Aviation Enforcement and Proceedings
• Attend and review CRO training classes offered by U.S. and foreign carriers– Purpose of review
• Use compliance reviews to address problems encountered by persons with disabilities when they travel
Enforcement
• Pursue enforcement action based on:– Pattern and practice of discrimination – Egregious cases
• Maximum civil penalty for ACAA violations ($27,500 per violation)
• Committed to ensuring carrier compliance
• Working with airlines to achieve the common goal of accessibility in air travel.
§ 382.141
• Train to proficiency– General understanding of the rule– Knowledge of procedures– Knowledge to safely operate equipment– Ability to respond to requests
• Consult with disability advocacy groups
• Ensure contractors provide adequate training
Respiratory DevicesUse Must be Allowed on Aircraft*:
• CPAP-Continuous positive airway pressure device
• POC- Portable oxygen concentrator
• VENT-Respirator / Ventilator
*Aircraft with 19 or more passengers
Why these Devices?
• Common denominator: chronic medical conditions– Sleep apnea affects 18 million*– Chronic obstructive pulmonary disease (COPD)
affects 16 million*– Congestive heart failure (CHF) affects 4.8 million*– Neuromuscular / musculoskeletal disorders
• In-flight risk is relative to dependency on the device
*Statistics are for people in the United States
Continuous Positive Airway Pressure Devices
• CPAPs– Used commonly to treat sleep
apnea– Delivered via a face mask– Eases breathing by opening
the airways during sleep– Low risk use on board
In the event of a decompression, userswill need to use the drop down masksIn the event of a decompression, userswill need to use the drop down masks
Portable Oxygen Concentrators*
• Treats low oxygen levels in the blood (COPD, CHF)
• Settings to be based on altitude
• Risk during depressurization
• Power supply depletion
• Alternatives during device failure (emergency oxygen bottle)
Seven POC devices are approved by the Federal Aviation Administration
Respirators/Ventilators
• Breathes for someone who can’t breathe by themselves
• Usually devices is connected by tube in neck (tracheostomy)
• Risk during depressurization
• Power supply depletion
• Device failure requires manual ventilation
An Airline’s Responsibility
• Training on these devices is not required
• However, you should:– Recognize approved devices– Understand criteria for acceptance– Know how and why assistive devices are used– Be comfortable – Implement normal and non-normal emergency
procedures
In Conclusion
• To enhance access to the skies:– Read the rule: know what to expect– Share your plan with the DOT– Educate your workgroups to proficiency– Integrate respiratory assistive devices into
your current procedures