The Federal Communications Commission (FCC) has published a final rule which will ultimately require all telephones in the workplace to be hearing aid compatible and have volume control. As of April 1, 1997, hearing aid compatible telephones manufactured or imported for use in the United States must have the letters “HAC” permanently affixed to them, and, as of November 1, 1998, have volume control. While the effective date of the rule is October 23, 1996, the bulk of the requirements pertaining to banks and other employers will not take effect until the year 2000.
Employer Requirements
Employers with fifteen or more employees will need to ensure that (1) all telephones, including headsets, made available to an employee with a hearing disability for use by the employee in his or her employment duty shall be hearing aid compatible; (2) newly purchased or replacement telephones in the workplace must be hearing aid compatible. If the replacement telephone is from inventory existing before October 23, 1996, any person may make a bona fide request that such telephone be hearing aid compatible, and after November 1, 1998, have volume control; and (3) telephones are provided and designated for emergency use by employees with hearing disabilities by providing a hearing aid compatible telephone within a reasonable and accessible distance for an individual searching for a telephone from any point in the workplace or by providing hearing aid compatible wireless telephones.
In addition, non-common area telephones in workplaces of fifteen or more employees must be hearing aid compatible. There shall be a rebuttable presumption that all such telephones located in the workplace are hearing aid compatible. Any person legitimately on the premises can challenge this presumption with a good faith request for a hearing aid compatible telephone. Upon receipt of such a request, the employer will have fifteen working days to replace any telephone that turns out not to be hearing aid compatible. For purposes of the final rule, examples of workplace non-common areas include private enclosed offices, open area individual work stations and mail rooms.