£2,000 awarded to disabled woman for injury to her feelings

A disabled woman who suffered discrimination on a disability awareness course run by a city council has been given £2,000 for injury to feelings in an out of court settlement.

The woman, who was a youth worker for a youth association, attended a two-day training course run by Liverpool City Council. On the first day of the course, the woman, who uses a colostomy bag, was forced to tell fellow delegates about her condition when she discovered she could not change her colostomy bag in a nearby toilet because there was no sanitary disposal box.

She was then obliged to search the building for a sanitary disposal unit, but none was found.

Bert Massie, chairman of the Disability Rights Commission, said the settlement provided a strong reminder that the rights of disabled people go beyond just physical access to buildings, and included ensuring people with long-term health conditions can participate equally in services and training.

Furthermore, the case reflects the seriousness that the Disability Discrimination Act 1995, places on issues such as impaired dignity of disabled persons, as a contributory factor to discrimination.

new work at height regulations now in force

The Work at Height Regulations 2005 has now been introduced and is effective from April 2005.

The Regulation has been introduced as a consequence of an increasing trend in falls from height whilst at work. This disturbing trend accounts for serious accidents at work, using both stepladders and conventional ladders, in addition to those working from platforms.

So regardless as to whether you are an Employer, Employee or Contractor this Regulation will apply to you. A place is "at height" if a person could be injured falling from it, even if it is at or below ground level.

A separate Risk Assessment will now be required in order to address hazards associated with working at height, namely Avoidance, Planning, Training, Fragile surfaces, Maintenance, Access, Inspections, Falling Objects and to generally ensuring a Safe System of Work, including the appointment of a Duty Holder.

A particular area of concern for HSE is the number of major injuries caused by low falls - it's worth pointing out that there are more major injuries resulting from low falls than from falls above 2 metres. The new regulations remove the old division between low and high falls; the '2-metre rule' for high falls has not been retained because duty holders need to prevent falls from any height.

continued confusion over dda requirements

Confusion still abounds, as to what are reasonable adjustments under the Disability Discrimination Act 1995, and whether they should be undertaken. Many Property Managers together with Employers have still yet to address many of the primary issues.

Simply ask yourself, what would happen if a Disabled Client decides to visit, or if a Disabled applicant applies for Employment. Can you provide access and welfare facilities. Are you able to provide suitable arrangements for Disabled Employees?

You are now required to undertake due diligence, in order to determine whether you are able to safely accommodate Disabled Persons and make reasonable adjustments. In addition to the main Act and in accordance with Health, Safety and Welfare Regulations, you are now required to address issues such as doors, passageways, stairs, showers, washbasins, lavatories and workstations used or occupied directly by disabled persons at work.

Remember: The term Disability includes: Physical, Mental, Medical and Sensory impairment. Discrimination occurs, when a Disabled person is treated less favourably than a non-disabled person for reasons relating to their Disability and without justification.

update on corporate manslaughter bill

The Governments draft bill for reform was presented to Parliament in March 2005. It proposes a new offence of Corporate Manslaughter.

The principle objective is to bring to account, those responsible for a persons death as a consequence of a breach of duty of care. It is proposed to apply to Employers, Occupiers and Managers of buildings.

An organisations conduct would be assessed against a number of Statutory criteria, including Health & Safety Legislation.

WINTER & COMPANY
ONE-DAY "DISABILITY HEALTH & SAFETY" TRAINING COURSE

 

Venue:  Regus Business Centre, Portland House, Stag Place, London, SW1E 5RS
Dates: May 12th, 13th, or 18th 2005.

 

Who Should Attend?


"Those who are responsible for recruitment and those involved with and responsible for the organisations Heath, Safety and Welfare."

 

Course Programme Includes:

UNDERSTANDING THE LAW
     An introduction to legislation applicable to you
WHAT IS A DISABILITY?
     Understanding definitions and dealing with issues at work
REASONABLE ADJUSTMENTS TO ACCOMMODATION
     What is involved and why pro-active management?
YOUR ENVIRONMENT
     What is required and answering your questions
MANAGEMENT & ARRANGEMENTS

BOOK NOW TO AVOID DISAPPOINTMENT

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.