POLICY

A. Purpose

Berkeley Lab recognizes the importance of “Service Animals” as defined by the Americans with Disabilities Act (ADA) and “Support Animals” that provide physical and/or emotional support to individuals with disabilities under the California Fair Employment and Housing Act (FEHA). The purpose of this policy is to maintain health, safety, and security standards relative to Assistive Animals allowed on Laboratory property; to outline services for members of the Berkeley Lab community seeking accommodations involving Assistive Animals; and to identify the distinction between those animals and other animals and pets.

B. Persons Affected

This policy applies to all individuals on any Laboratory property, including buildings, and to all individuals in off-site locations (property and buildings) operated by Berkeley Lab. Such individuals include employees, affiliates (as described in Berkeley Lab’s Affiliates policy), and visitors (as defined in Berkeley Lab’s Site Access and Security policy).

C. Exceptions

This policy does not apply to animals used for emergency services, such as police K9 units, and animals used in approved research activities. All exceptions to this policy must be approved by the Director of Berkeley Lab’s Environment, Health, and Safety Division.

D. Policy Statement

1. Berkeley Lab is committed to supporting individuals with disabilities, including visitors and affiliates, in using an Assistive Animal while on Lab premises to ensure equitable access and participation in Lab activities.
2. Assistive Animals are the only animals that employees, affiliates, and visitors may bring to Berkeley Lab. Pets, as defined in this policy (i.e.,not a Service Animal or a Support Animal), are not allowed at Berkeley Lab.
3. All Assistive Animals at Berkeley Lab property must conform to the following requirements:
   1. Must be free from offensive odors;
   2. Must display habits appropriate to the work environment; e.g., has control over its elimination of urine and feces;
   3. Must be under the handler’s control; and
   4. Must not engage in behavior that endangers the health or safety of the individual with a disability or others in the workplace.
4. Handlers of Assistive Animals at Berkeley Lab must conform to the following requirements while on Laboratory property:
   1. The animal handler is responsible for disposing of all animal waste in outdoor waste bins after the animal generates it.
   2. The animal handler must maintain control of the animal at all times through strict verbal commands and, if physically feasible, a leash that does not exceed six feet in length. Animal handlers may not tether the animal’s leash to an object, except as may be required by the handler’s disability or other special circumstances.
5. Access Requirements for Assistive Animals on Laboratory property
   1. Employees, visitors, and affiliates must contact Berkeley Lab’s Integrated Disability & Absence Management (IDAM) Office to review and facilitate their Assistive Animal’s safe and authorized access to Laboratory property.
      1. Employees seeking to bring Assistive Animals to the workplace as a disability accommodation must contact IDAM and engage in the accommodations process consistent with Berkeley Lab’s Reasonable Accommodation policy.
      2. Affiliates and visitors (i.e., non-employees) with Assistive Animals are encouraged to contact IDAM to secure their Assistive Animal’s access to Berkeley Lab as early as practicable so that IDAM may coordinate safe access to areas that may present hazards to animals.
   2. An Assistive Animal accommodation may be reevaluated over time, and may be withdrawn where the Assistive Animal’s handler fails to comply with this policy or fails to ensure that their Assistive Animal complies with the requirements of this policy.
6. Areas of Special Concern
   1. While Berkeley Lab will conduct an individualized accommodations process, there are areas of special concern where the presence of an Assistive Animal may pose a unique threat to the safe and efficient operation of Berkeley Lab or to the health and safety of individuals or the Assistive animal. These “Areas of Special Concern” include, but are not limited to, the following:
      1. Research and teaching laboratory areas that require personnel to wear PPE (Chemical, Radiological, Biological)
      2. Other research facilities where the animal may compromise the integrity of research, such as animal housing or animal research space
      3. Food preparation areas
      4. Mechanical, electrical, and utility infrastructure areas
      5. Radiation and hazardous waste handling areas
      6. Data centers and server rooms
   2. An Assistive Animal may accompany its handler in any area the handler is authorized to access, except for Areas of Special Concern as defined in this policy. An Assistive Animal may enter an Area of Special Concern only if approved by IDAM. Such assessment will be made in a manner consistent with Berkeley Lab’s Reasonable Accommodation policy and in collaboration with Lab stakeholders as appropriate.
   3. Handlers of assistive animals are encouraged to at all times remain alert and attentive to potential dangers to their assistive animal.
7. Accountability
   1. Any alleged or potential violations of this policy should be brought to the attention of Berkeley Lab’s Office of Prevention of Harassment and Discrimination (OPHD).
   2. To report an incident with an Assistive Animal, individuals should contact the Site Operations at 510-486-6999. For medical emergencies, call 911.
   3. Any person found to be in violation of this policy may be disciplined in accordance with Berkeley Lab policies and collective bargaining agreement(s). Contractors and subcontractors working at Berkeley Lab who are not Berkeley Lab employees and who violate this policy may also be barred from accessing the Lab, in addition to being subject to any applicable policies of their employer(s).

E. Roles and Responsibilities

F. Definitions/Acronyms

G. Recordkeeping Requirements

Integrated Disability and Absence Management analysts will maintain a record of the process and outcomes of requests for Reasonable Accommodation under this policy. Any medical documentation about an employee received in connection with the request and the interactive process will be treated as a confidential medical record for purposes of record handling and storage.

H. Implementing Documents

I. Contact Information

Joseph Toscano, MD
Site Occupational Medical Director and Integrated Disability and Absence Management Department Head 
[email protected]

J. Revision History

DOCUMENT INFORMATION

Source Requirements Documents

• Americans with Disabilities Act: ada.gov
• Americans with Disabilities Act Requirements: Service Animals: ada.gov/resources/service-animals-2010-requirements/
• The Fair Housing and Employment Act: dor.ca.gov/Home/FairEmploymentAct
• UC Anti-Discrimination Policy