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£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.
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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.
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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.
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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.
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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?
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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.
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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.
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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. |
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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.
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