A FRICTION CONDITION REPORT"A NEW SAFETY STANDARD HAS BEEN ESTABLISHED."
Where does your business stand under the new disability
law? Where's the best chance of getting a hands-on resolution of the ADA
requirements of accommodating disabilities with adequate horizontal friction
conditions? The United States Government does not
endorse products, manufacturers, or private corporations. Trade or manufacturers'
names appear herein because they were considered by the author as essential to the object
of the report. All interpretations should be reviewed by competent legal
counsel.
"SLIPPERY FLOORS NOW A CIVIL RIGHTS VIOLATION"
Mobility impaired individuals need not be a slip/fall victim to
file a complaint with the Department of Justice through the Coordination Review Section,
Civil Rights Division, P.O. Box 66118, Washington, D.C. 20035-6118, if they suspect
that any one of the one million businesses and other places that provide goods and
services to the public, possess or maintain slippery "accessible
routes". Any one may represent the disabled people for filing and when site
inspection "coefficient of friction" teams from the Justice Department deem the
surface in violation, when "feasible" measures could have been taken, a fine of
up to $50,000.00 can be imposed for the first violation and $100,000.00 for
each violation thereafter. Certainly enough reasons to now take the matter
seriously, especially since the same protection will be entitled to the qualified
handicapped employees after July 26, 1992. DISABLED RIGHTS ACTION COMMITTEES
radically seek out violators and 43,000,000 people are officially classified as
disabled! Add 1,600,000 sufferers each year that are permanently disabled from
slip/fall injuries (National Safety Council statistics) 80% of which occurred as a direct
result of man-made omissions (OSHA findings) and you have created a very resentful, vocal
group of victims that are no longer silent sufferers. It is predictable that this
group will deal with deadly conditions before inconvenient ones with the rights granted
them through the ADA. They are provided a hotline number for enforcement
information which is (202) 514-0301. (Department of Justice, Washington, D.C.)
BEGINNING FRICTION CONDITION NOT ENOUGH
Continue to friction condition or fail the `due diligence' test.
Suspected conspirators (before the accident) can be identified (including the janitor or
chemical company) through officially recognized testing guidelines performed through the
Justice Department *. We must redefine what we mean by clean! Reason;
"stable surface" as defined and recognized by the Justice Department under
guidelines interpreted by the United States Architectural and Transportation Barriers
Compliance Board is, "a surface that remains unchanged by contaminants or applied
force, so that when the contaminant or force is removed, the surface returns to its
original condition." In simpler words, clean must also be
safe. No more `slop-mop' or shiny "film" cleanings for labor saving or
aesthetic reasons. The shiny look is also unlawful if waxes or seals do not pass the
new coefficient of friction requirements. Few pass, especially when cleaned with a no
rinse slippery gelatin, alcohol based labor-saving cleanser (widely used on vinyl
floors). Besides businesses, Federal , State, Municipal and all other non-profit
organizations must comply. Today, municipalities require certification that
adequate slip resistance is maintained under ADA guidelines (building codes).
CLEANING ONLY, FAILS THE TEST
A majority of the hard mineral horizontal surfaces maintained
today, as walking surfaces, fail the current federal accessibility standards. The Americans
with Disabilities Act, requires that, "floors and grounds will be stable, firm
and slip resistant". Again, this means all the feasible time,
not just once a week or if tested once a year! The slip resistant standard (July
26, 1991) of .60 coefficient of friction was upgraded to a .70 through advisory guidelines
published October 1991, wet or dry. Most existing tiled or cement
surfaces were designed to pass a .50 (COF) test, wet or dry before chemical
cleaning. To meet the new standard could require tearing out the old floor and
replacing it only with new solid surfaces; covering surfaces with laborious expensive mats
which are never "firm" and seldom "stable" as interpreted by the
USATBCB, are not acceptable. Firm Surface; "A surface that resists
deformation by either indentations or particles moving on the surface". By
definition therefore, mats are non-compliant. Replaced, more abrasive solid surfaces
that pass the .70 (COF) requirement, resist conventional cleaning procedures, thus the
"stable surface" requirement is difficult. Tile Manufacturers often
recommend that only water be used for cleaning, a desperate, inadequate and biologically
dangerous practice, especially in rest rooms, (also a violation of Local Health Codes).
Cleaning chemicals are grossly inadequate and not chemically engineered to meet the newly
defined safety standard, "Clean must mean returned to safe." A
constant friction conditioner is necessary.
THE KEY TO COMPLIANCE
There is one qualified chemical invention that improves existing
friction and maintains as a constant traction treatment, see report, Risk/Benefits of
pHluorus®. While cleaning, it resists all contaminants
(including biological) and "retrofits" for daily floor friction to an upgrade of
.70 (COF) constant or better condition. Under Patent Process, and unlike cleaners,
this microbiofrenic chemical agent physically dissolves surfaces to an invisible
micro-etch condition, reconstructing the surface with retreated designs, while
conditioning silicate and calcium, (tile or cement) harder, stronger and totally resistant
to "biological" contaminants, a primary cause of slipperiness. pHluorus®
chemically reconstructs an entirely new surface generation through a beneficial process
called "fluorination". A unique scientifically proven
condition, fluorination resists "contaminants", mineral or
biological, the primary objective of the "stable" requirement. A feasibly
compliant clean for Marble, granite, composite stone, waxed, sealed, cement, ceramic
and porcelain surfaces (that's most of them). The best solution for waxed or
sealed surfaces because of its self-stripping "Halogenic"
nature.
* UNPARALLELED SLIP RESISTANCE
On ceramic tile or porcelain (restaurants, restrooms, showers,
tubs, etc.) an average of .87 (wet as well as dry) (COF) or better can be recovered
daily as verified through independently certified tests. Other commonly used
cleaners registered a disappointing .49 (COF). Tests can be certified on your
surfaces as required by Federal, State and Municipal entities from guidelines recommended
by the United States Architectural and Transportation Barriers Compliance Board
report "Slip Resistant Surfaces Advisory Guidelines" (October 1991), through the
use of the NBS-Brungraber Tester (Mark I, for dry and Mark II for wet). Contact Dr.
Robert J. Brungraber, 409 South 21 Street, Lewisburg, PA 17837 (717)
524-0852. Dr. Brungraber is personally aware of our process and is an acknowledged
"official" expert witness, that can certify (COF) on your behalf.
USER-FRIENDLY `FEASIBLE' TECHNOLOGY
Cost competitive with conventional compounds, except water, it
is simply poured on, brushed in and rinsed off with water. It simply replaces
existing daily cleanser. No unreasonable exposure hazards exist as established
through a report titled "Risk/Benefits of Phluorus®".
Your own maintenance people can be guided with confidence through simple directions, or
through local inexpensive janitorial services for initial `deglazing' while periodic
cleaning is upgraded to labor saving `state-of-the-art' techniques, only possible through
the extremely efficient chemically engineered compound. Even illiterate or retarded
cleaning personnel cannot fail through this fool-proof system. pHluorus usage is
monitored through a computerized reorder system that guarantees compliance. Correct
dilution level monitoring allows our reordering staff the opportunity to isolate and
correct incorrect cleaning techniques.
SPECIAL TAX INCENTIVES
As a friction conditioner, replacing non-entitled cleaner
alternatives, pHluorus® qualifies for a 50% direct tax credit yearly
(up to $10,000.00) for most small business operations (under IRS Publication 334, pp.
110-111, form 8826 or 3800). For large businesses, under Uniform Capitalization Rule
Cost of Removal, IRS Code 1245, sub.A-sub2-sub.C, for a one year amortization of
$15,000.00, yearly. Our CPA will confirm this interpretation. pHluorus®,
as a "friction conditioner", renders applied surfaces stable. The
Patent Applied for key component combination qualifies as a physical remodeling process in
the same context as "widening" (widening the surface) a door or constructing a
ramp (creating microscopic peaks & valleys), since retrofitting (restoring) is
necessary daily, as interpreted under the "stable" ADA horizontal friction
requirement. pHluorus® qualifies as a special adaptation, not
legally mandated where the old .50 (COF) was the guideline.
FEDERAL LAW SATISFIED FOR THE "LIFETIME" OF THE FLOOR!
Your existing tile or cement need not be replaced or covered
since, as a very "feasible" correction, "pHluorination" becomes
a condition immediately present upon the first application. The pHluorinated
compliant (COF) condition is guaranteed, for the lifetime of the surface, so
long as the product is used as directed (an affidavit supplied). If you already have
a .70 (COF) surface, it is still important that you use the pHluorus®
friction conditioner. pHluorus® is certainly the "feasible
one" under Federal guidelines, (practical too) therefore complying with the ADA
requirements. Others? Well be sure you qualify them under guidelines described
in the article entitled, "Safety Underfoot, or Floor Borne Danger".
Ask yourself; why didn't my chemical supplier inform me about the right safety
solution, with special tax breaks that could pay for up to half my yearly floor cleaning
chemical costs. Their answers may surprise you! The right answer is
that the product is only available through authorized Distributors of pHluorus, Inc.,
Draper, Utah, 1-800-845-SLIP.
Footnote: Enclosed, Safety Underfoot or Floor Borne
Danger Article and
Risk/Benefits of phluorus Report.
© Copyright 1992 pHluorus, Inc. Draper, Utah