DISABILITY DISCRIMINATION ACT 1995 (REASONABLE ADJUSTMENTS TO PREMISES)

Are you expanding, or about to embark upon a recruitment programme?

What facilities and arrangements are you currently able to offer in order to accommodate a prospective Disabled Employee?

Can you accommodate a visiting Disabled client at your office?

Whether you are currently employing disabled persons or embarking on a recruitment drive, The Health, Safety and Welfare of prospective and current disabled employees and visitors should now be at the top of any employers agenda.

With effect from October 2004, employers, landlords and property managers, amongst others are required to take reasonable steps in order to remove physical and other barriers to the workplace, and to provide welfare facilities.

"Simple enough", I hear you say...

"Not so!", says Mitchell Winter of Winter & Company Health & Safety Consultants.  "The Disability Discrimination Act 1995, provides for various Codes of Practice, many of which have serious implications in matters of Health & Safety".

The Government and other officially recognised bodies have for some time advertised the requirements under the Act, especially those relating to "Reasonable Adjustments to Premises", yet employers, and to some extent landlords and property managers, still seem to be blissfully unaware as to precisely what is required of them, other than to provide fully accessible WC facilities and passenger lifts, many of which do not conform with basic requirements, along with ramps etc.

Whilst the majority of publicity has focused on the public sector (hospitals, public and other buildings and accommodation visited by the public), little attention has been drawn to employers responsibilities and what is required of the employer, in order to accommodate disabled employees and visiting clients in order to conform with the Disability Discrimination Act 1995.

This special feature is designed to shed some light on the subject.

First of all it is important to appreciate that the term "Disability" does not just relate to wheelchair users.

The term "Disability" covers physical, sensory or mental impairments, which effect a persons ability to carry out normal day-to-day activities.

The term "Impairment" covers and includes the following:

  • Mobility

  • Manual dexterity

  • Physical co-ordination

  • Continence

  • Ability to lift, carry or otherwise move everyday objects

  • Speech

  • Hearing

  • Eyesight

  • Memory or ability to concentrate, learn and understand

  • Perception to risk of physical danger.

  • Certain Medical conditions

The problem seems to be that the vast majority of employers do not fully appreciate the requirements under the Act, nor the implications and consequences of non-conformity.

For example simply ask yourself the following questions:

What happens if a disabled person applies for employment within your organisation?

Do we have any of the following arrangements and facilities in place to accommodate an interview - let alone employment?:

  •  Designated car parking bays

  •  Permanent or fixed ramp

  •  Access to the main entrance / reception

  •  Accessible and ambulant WC facilities

  •  Does our passenger lift provide adequate facilities for all disabled persons?

  •  We have no lift, so how do we provide access and what are the alternatives?

  •  How do hearing or sight impaired persons negotiate the accommodation?

  •  Do we have an induction loop?

  •  Are we required to provide colour contrast for sight impaired persons?

  •  Is our door furniture and lighting access controls suitable for use by disabled persons

Only by asking yourself these basic questions can you begin to appreciate the basic facilities and arrangements that need to be considered when considering the requirement for reasonable adjustments and knowing what is a “reasonable adjustment”

DISABILITY ACCESS NON-CONFORMITY IN OFFICE ENVIRONMENTS

The majority of non-conformity and confusion derives from the commercial service sector, namely office users.  The problem is further compounded in that Office Users fall within two main categories.

The first category is occupiers of entire buildings, whom to a large extent have full control over their premises. They are able to carry out adjustments far more effectively, as they have full control of the building and often the entire site, and do not necessarily have to obtain landlords consent, which in turn makes the whole process far easier to implement.

The second category is that of multi-occupancy, namely where an employer is sharing a building with other tenants, with the common parts of the building being managed by the landlord or managing agent.  One area of concern is deciding who is the responsible party for implementing reasonable adjustment, i.e. the landlord or tenant.  The problem is further compounded by lease covenants relating to the service charge.  In most leases the landlord is able to recover the cost associated with repairs and renewals through the service charge, i.e. the tenant pays a proportion of the cost relative to the percentage of accommodation occupied on a pro rata basis.

However, improvements to premises are a very different matter, in that improvements are often excluded or are simply not covered within the existing service charge infrastructure and the landlord is not necessarily able to recover the cost of such improvements from the tenant.  As the majority of Reasonable Adjustments under the DDA 1995 fall within the category of improvements we anticipate tension and disputes between landlords and tenants.

Perhaps the greatest problem of all, is the lack of understanding on the part of service providers, namely employers occupying office premises, of the needs of disabled persons.  The organisations written Policy on Disability, Access Statements and responsibility to provide Training in matters of Disability Etiquette all go towards fulfilling the requirements under the Disability Discrimination Act 1995. We expect a raft of cases to be presented to the courts, during 2005.

The Health, Safety and Welfare of Disabled Employees should now be at the top of any Employers Agenda.

At Winter and Company we recognise the need for clear advice, highlighting the implications on matters of Health & Safety and the need for immediate action and Access Audits, in order to comply with the requirements for Reasonable Access to Premises.

If you require advice on what to do, or wish to arrange an access audit, call us free on 0800 169 1554. Alternatively email Mitchell Winter at mitchell@health-safety.net. 

If you would like to register your interest in future Health, Safety and Disability Training, simply email us at disability@health-safety.net, stating "Disability" in the subject line or fax us on 020 7583 9009.

Winter & Company
Keeping you advised and updated in matters of Health & Safety

WINTER & COMPANY HEALTH & SAFETY TRAINING COURSES

Training courses are provided on these topics:-

  • Office / Workplace Health & Safety

  • Disability Discrimination Training

  • Manual Handling

  • General Risk Assessment

  • Fire Risk Assessment

  • Display Screen Equipment

  • Fire Safety & Fire Marshal Course

  • Stress In The Workplace

For your convenience training sessions are delivered at client's on-site locations, or at our home training venue at the Law Society, London.

 

For further information or to book a training course, email us at training@health-safety.net or call Eve Horgan Free on 0800 169 1554

For information on health & safety matters in your office, including “questions & answers”, see our web site at www.health-safety.net.