PB 22164 - September 29, 2005 - USPS.com® - About

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8 POSTAL BULLETIN 22164 (9-29-05) NOTICE How to Comply With Requests From Persons With Disabilities Under Section 504 of the Rehabilitation Act of 1973 Section 504 of the Rehabilitation Act of 1973 requires that programs and activities provided by the Postal Service must not discriminate against anyone on the basis of disability. Note that it is programs and activities, not Postal Service facilities, that must meet this standard. Issues regarding requirements for architectural retrofits to achieve accessibility to Postal Service facilities are governed by the Architectural Barriers Act (ABA). The Postal Service’s regulations implementing Section 504 of the Rehabilitation Act are found at 39 C.F.R. 255. (The direct URL is http://www.access.gpo.gov/nara/cfr/waisidx_04/ 39cfr255_04.html.) Section 504 applies to members of the public. Section 501 of the Rehabilitation Act applies to employees, and information on that section is available on the Postal Service Law Department’s Web site under “Reasonable Accommodation.” (The direct URL is http://blue.usps.gov/uspslaw/General/PracticeAreas/ ReasonableAccomm/). Who qualifies as an individual with a disability? A person with a disability is anyone who: Has a physical or mental impairment that substantially limits one or more of that person’s major life activities; Has a record of such an impairment; or Is regarded as having such an impairment. What do you have to do in order to comply? You should alert the local postmaster or other manager when a customer complains that a Postal Service program or activity is not available to him or her on a nondiscriminatory basis due to a disability. The local postmaster or other manager must offer the complainant a reasonable solution to the problem. The best and fastest way to solve the problem is at the local level. What constitutes a solution? There are many options available to you to solve a particular accessibility complaint under Section 504. First, establish whether or not the requirements of the Architectural Barriers Act (ABA) apply. For example, if a person with a disability complains that the entrance to your facility requires a ramp and there is none, contact your district manager, who will in turn contact the appropriate Facilities Service Office (FSO) to determine whether the ABA standards require the installation of a ramp. If so, the district manager should make arrangements with the FSO to install a ramp. Often, however, a ramp or other architectural solution is not required by the ABA. Even though not required by law, if it is determined that (1) the installation of a ramp or the removal of some other architectural barrier is the best way to solve the problem, and (2) it is consistent with efficient operations, then the Postal Service can make a “discretionary retrofit.” The criteria to be considered for a discretionary retrofit are found at 39 C.F.R. 255.8. Most of the time making programs and activities accessible to persons with disabilities will not involve an architectural retrofit. The local Postal Service manager should assess the situation and try to resolve it by offering a special arrangement. See 39 C.F.R. 255.7. Examples of special arrangements include the following: Alternative services, such as the following: Meeting the customer in the parking lot to provide the required services. Providing curbside or door delivery, if not normally provided (see Postal Operations Manual section 631.42 for procedures and guidelines for changes in delivery for hardship cases). Offering stamps by mail and other similar programs. Providing retail services from rural carriers. Auxiliary aids, such as the following: Hearing aids. Interpreters. Special privileges, such as allowing use of the employee restroom. Any other reasonable solution that is not dangerous (for example, a person with disabilities should not be allowed to use the loading dock ramp to gain access). If necessary, you should consult with your district or area manager before offering a solution. A complainant is not required to make use of the special arrangement offered, but if the complainant refuses to accept the proffered solution, the Postal Service is not obligated to make other special arrangements. On the other hand, the complainant is entitled to challenge the adequacy of the offered solution in court, and the Postal Service will have to defend that particular solution as adequate. What are the procedures for handling a complaint by a member of the public? The initial complaint by a member of the public may be made orally or in writing and is considered to be an informal
POSTAL BULLETIN 22164 (9-29-05) complaint. It is important to note the date that the complaint (either oral or written) is received, because that date triggers important complaint procedure deadlines. The complainant must exhaust the administrative procedures presented in the following paragraphs before filing a formal complaint or seeking redress in court. If you and the complainant resolve the issue to your mutual satisfaction, then the matter is closed. You should try to resolve the problem, but if you lack the authority to resolve the complaint, or if you cannot come to an agreement, you should promptly refer the complaint to the appropriate manager at the district or area level. At the same time that you refer the complaint, you must inform the complainant and provide the name, address, and phone number of the person who will be handling the complaint. In any event, within 15 days of receiving the complaint, assuming that the matter is unresolved, you must send the complainant a written acknowledgement that includes the following: The date the informal complaint was filed; and A description of the issue(s). If the matter cannot be resolved within 30 days of its receipt, you must send the complainant a written interim report explaining the following: The status of the informal complaint; and The proposed resolution. Next submit your proposed informal decision to the appropriate district manager for review. The district Domestic Mail DMM REVISION Items Mailed to the Department of State Effective September 29, 2005, we are revising Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM ® ) 507.2.1 and 703.3.0 regarding mail sent to the Department of State for transmission abroad and change-of-address orders concerning this mail. The Department of State requested these revisions based on updated size restrictions (including an increase in the maximum weight limit to 50 pounds) and prohibitions on items it can handle. Additionally, the revised standards now allow mailers to request some extra services provided in DMM 503 when mailing items to the Department of State. We also discuss procedures that already exist regarding change-of-address orders for Department of State ZIP Codes. manager forwards the proposed disposition to the area or functional vice president for review and for issuance of a written decision. This review process must be completed and the written decision issued no later than 60 days after receipt of the informal complaint. The written decision to the complainant should contain the following: The final disposition of the complaint; The reasons for that disposition; and A notice that the complainant may challenge an informal decision denying relief in any appropriate forum or by filing a formal complaint with the Vice President and Consumer Advocate. The notice should contain the address of the Vice President and Consumer Advocate and a statement that if the complainant chooses to file a formal complaint, he or she must exhaust the informal complaint procedures before filing suit in any other forum. If filing a formal complaint before the Vice President and Consumer Advocate, the complainant must file within 30 days of receipt of the informal decision from the area or functional vice president. The Vice President and Consumer Advocate will then process the complaint according to the formal complaint procedures at 39 C.F.R. 255.6(2)(iii)-(iv). For more information, see the Law Department’s Accessibility Web page at http://blue.usps.gov/uspslaw/General/ PracticeAreas/Accessibility/. If you require additional assistance, please contact the appropriate field legal office. 9 — General Counsel, 9-29-05 We will incorporate these revisions into the next printed version of the DMM and into the monthly update of the online DMM available via Postal Explorer ® at pe.usps.com. Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM) * * * * * 500 Additional Mailing Services * * * * * 507 Mailer Services * * * * *
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475 L’ENFANT PLAZA SW WASHINGTON
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PB 22164 - September 29, 2005 - USPS.com® - About

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