Preparing for the Next Emergency - Part 1
Editor: How good is our emergency preparedness? That topic has
certainly received lots of attention since September 11, 2001, and there
seems to be considerable disagreement regarding how much progress we've
made. How good is our emergency preparedness for people with
disabilities? That topic has received almost no attention, and our
preparedness reflects that lack of attention.
Here's an article by Cheryl Heppner, NVRC Executive Director on a
presentation by Carl T. Cameron, Ph.D., of the Disability Preparedness
Center.
~~~~
October 16, 2003
By Cheryl Heppner, NVRC Executive Director
This presentation took place at the Annual ADA Update sponsored by
the Maryland Coalition for ADA Education and the ADA & IT Center.
The Disability Preparedness Center is part of the Inclusion Institute, a
nonprofit organization. Dr. Cameron spends much of his time in Maryland,
Pennsylvania and Virginia. He first got involved in the issue of
emergency preparedness for people with disabilities in the late 1990s
with the advent of community right to know legislation. This legislation
set requirements for communities to inform residents of dangerous
situations such as a discharge from a chemical plant. People with
disabilities began to ask questions about how they would be included.
A Slow Process
- People who are supposed to know about this kind of preparation are
still in the process of evolving. This includes the Department of
Homeland Security, which has combined 22 separate agencies.
- Few people know the emergency planning process being conducted by
state and local governments. And those involved in the planning know
little about disability. Very little consultation of people with
disabilities is being done. Part of the reason is that first responders
tend to plan as if all people are alike, dealing with the technical
aspects of an emergency. The planners are surprised to realize that
people with disabilities are different.
Federal Legislation
- Three laws dealing with emergency preparedness: Emergency Planning
and Community Right to Know Act (EPCRA), operation of Federal Emergency
Management Agency (FEMA), and operation of the Department of Homeland
Security.
- The EPCRA primarily affects the Environmental Protection Agency. It
was one of the first landmark pieces of legislation on emergency
preparedness. Originally it covered chemical accidents, but it has been
expanded to include all emergencies. A few years ago containers full of
chemicals were parked along D.C.'s southeast freeway where they could
easily have been set off, resulting in a cloud of toxic chemicals. The
man who pointed this out got fired but was later reinstated. Websites
used to have worst case scenarios like this, but they were pulled after
September 11 due to concerns that terrorists could easily use this
information to their advantage. The EPCRA established state emergency
response commissions and also calls for local emergency preparedness
committees (LEPCs). They are a good way to get community input in the
process. Typically Dr. Cameron talks with them and they have no people
with disabilities on their committees, nor do they know where to find
people with disabilities. Federal funding from this program is being
used to sponsor staged disaster events, which are another opportunity
for people with disabilities to get involved in the process of emergency
planning. For info on the ECPRA: www.epa.gov/ceppo/lepclist.htm
- FEMA is now under the Department of Homeland Security. It is a very
small agency with a lot of contractors. FEMA has developed Community
Emergency Response Teams. People with disabilities can ask to be
involved in these teams.
- Right now emergency preparedness funding is going heavily to the
Department of Homeland Security (DHS). We can go to them, look at some
projects to find out what they are doing, and then ask if we can get
funding to do this as well. DHS is giving funding to state and local
communities for emergency preparation. DHS is thinking about
implementing a disaster plan. This is out for public comment and we can
give input.
The Americans with Disabilities Act
- The Americans with Disabilities Act equal access clause covers
emergency preparedness. People with disabilities must be included in
emergency planning and processes but the Dept. of Justice has made few
decisions on this. We will probably see a test case eventually.
- An example of the ADA's test of reasonableness, when applied to
emergency preparation, is something that came up on September 11 and
will probably come back in the next disaster.
- A local government or agency must include planning for people with
disabilities in their local emergency planning and evacuation
procedures. If they provide a service for others, they must provide it
for people with disabilities.
Here's Part Two
