Employee Work Areas and the ADA - Technical

Employee Work Area Behind Counter

Employee work areas in public accommodations and state or local government facilities are subject to the Americans with Disabilities Act (ADA). 2010 ADA Standard 106.5, Defined Terms, states, “Employee Work Area: All or any portion of a space used only by employees and used only for work. Corridors, toilet rooms, kitchenettes and break rooms are not employee work areas.” The photo on the right is representative of an employee work area behind the counter at a quick service restaurant.

This article will discuss the accessible components of an employee work area including a means to approach, enter and exit the employee work area, for larger employee work areas an accessible circulation path, a means of egress from the employee work area, and an audible fire alarm system with at least the wiring for a visual warning.

2010 ADA Standard 203.9, Employee Work Areas, states, “Spaces and elements within employee work areas shall only be required to comply with [Standards] 206.2.8, 207.1, and 215.3 and shall be designed and constructed so that individuals with disabilities can approach, enter, and exit the employee work area. Employee work areas, or portions of employee work areas, other than raised courtroom stations, that are less than 300 square feet (28 m2) and elevated 7 inches (180 mm) or more above the finish floor or ground where the elevation is essential to the function of the space shall not be required to comply with these requirements or to be on an accessible route.”

So the main accessibility issue under Title II of the ADA for state and local government facilities and Title III of the ADA for public accommodations and commercial facilities is compliance with the ADA for approach, entry and exit of the employee work area. See the graphic below for a representation of this Standard. What is not stressed in the graphic is for the entry/exit door to also be fully compliant with the ADA.

Approach, Entry and Exit Criteria for Employee Work Area

2010 ADA Standard 206.2.8, Employee Work Areas, states, “Common use circulation paths within employee work areas shall comply with [Standard] 402. EXCEPTIONS: 1. Common use circulation paths located within employee work areas that are less than 1000 square feet (93 m2) and defined by permanently installed partitions, counters, casework, or furnishings shall not be required to comply with [Standard] 402.2. Common use circulation paths located within employee work areas that are an integral component of work area equipment shall not be required to comply with [Standard] 402.3. Common use circulation paths located within exterior employee work areas that are fully exposed to the weather shall not be required to comply with [Standard] 402.” 2010 ADA Standard 402 provides guidance for Accessible Routes. The graphic below is representative of an employee work area greater than 1000 SF with a compliant circulation path.

Employee Work Area Greater Than 1000 SF

The graphic below is an employee work area that is less than 1000 SF and a circulation path is not required.

Employee Work Area Less Than 1000 Sf and No Circulation Path

2010 ADA Standard 207.1, [Accessible Means of Egress] General, states, “Means of egress shall comply with section 1003.2.13 of the International Building Code (2000 edition and 2001 Supplement) or section 1007 of the International Building Code (2003 edition) (incorporated by reference, see “Referenced Standards” in Chapter 1).”

An accessible means of egress, as defined by the International Building Code (IBC), is a “continuous and unobstructed way of egress travel from any point in a building or facility that provides an accessible route to an area of refuge, a horizontal exit, or a public way.” Where more than one means of egress is required from any accessible space, each accessible portion of the space must be served by at least two accessible means of egress. Accessible spaces can be served by one accessible means of egress only where the IBC permits one means of egress. Accessible means of egress are not required to be added in alterations to existing facilities. See the graphic below for a representation of egress components.

There are multiple egress paths from this facility including the front entry and other emergency exits. There are interior and exterior staircases from the upper floors that lead to the exterior and lower levels of the facility. The primary design features of an emergency egress installation to be concerned with include doors, route widths, protruding objects, handrails, and steps systems.

Fire Alarm with Visual and Audible Warning

2010 ADA Standard 215.3, [Fire Alarm Systems] Employee Work Areas, states, “Where employee work areas have audible alarm coverage, the wiring system shall be designed so that visible alarms complying with [Standard] 702 can be integrated into the alarm system.” This is stating that the wiring for a visible alarm should be installed if an audible alarm is installed. For an existing facility with an audible alarm system, the wiring for a visual alarm may be difficult to confirm.

So now we can look at some graphics depicting different types of employee work areas that are common. Employee work areas can come in many different arrangements depending on the purpose of the facility. Employee work areas can be completely separate from publicly accessible areas such as in the quick service restaurant shown in the photo above where the employee work area is behind the sales counter. In a doctor’s office the employee work areas are mixed in with the patient waiting area, corridors to the exam rooms, the exam rooms, toilet rooms, mechanical rooms, and employee break room. See the graphic below for a representation.

Doctors Office with Employee Work Areas

An important note is that toilet rooms, break rooms, and kitchenettes used by employees are not exempt from the ADA Standards, even if the public is prevented from accessing these spaces. This is because the functions in these rooms are not work. The graphic below is a common retail space.

Common Retail Space

In summary, ADA compliant accessibility in an employee work area should include:

• a means to approach, enter and exit the employee work area

• for larger employee work areas an accessible circulation path

• a means of egress from the employee work area

• an audible fire alarm system with at least the wiring for a visual warning.

Employee work areas greater than 1000 SF are also more likely to have employee toilet rooms and locker rooms, a break room, a kitchenette, and possibly employee parking, with accessible routes to each. All of these features must be ADA compliant because they are not where work is performed.

Keeping in mind that Advisories in the ADA Standards are not enforceable, nonetheless, Advisory 203.9, Employee Work Areas, states, “Although areas used exclusively by employees for work are not required to be fully accessible, consider designing such areas to include non-required turning spaces, and provide accessible elements whenever possible. Under the ADA, employees with disabilities are entitled to reasonable accommodations in the workplace; accommodations can include alterations to spaces within the facility. Designing employee work areas to be more accessible at the outset will avoid more costly retrofits when current employees become temporarily or permanently disabled, or when new employees with disabilities are hired.”

If you observe a building or employee work area that is not ADA compliant and you would like to know how to proceed, please see the link at What To Do When A Building Is Not ADA Compliant or Accessible.

ADA Inspections Nationwide, LLC, offers ADA/ABA/FHA accessibility compliance inspections for buildings and facilities, as applicable to the different laws, and expert witness services with respect to ADA/ABA/FHA laws for building owners, tenants and managers. Also, ADAIN offers consulting for home modifications as a CAPS consultant for people wishing to age in place in their homes. For a complete list of services please see ADAIN Services.

Thank you.