Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
Admin  
#1 Posted : 02 November 2004 15:30:00(UTC)
Rank: Guest
Admin

Posted By Neil Pearson Hi everyone, We have a site with someone with impaired mobility. We have those EVAC Chairs, but the person says he would refuse to use one. I'm wondering what our response should be. A special lift is obviously prohibitively expensive for just one user. Internal refuges are generally frowned upon. So we don't have many options. I'm wondering if the person's refusal entitles us to restrict him to the ground floor? Should we take him through a couselling/disciplinary procedure? Or is that not appropriate? I guess this is different from someone refusing to use eye protection, or refusing to use lifting equipment instead of manual handling? I don't want to get all MarkSMark about this, we just want to identify the best solution for the situation. Any ideas?
Admin  
#2 Posted : 02 November 2004 15:35:00(UTC)
Rank: Guest
Admin

Posted By Katie Hoyland If he has only recently been employed , you can sack him on the spot. This sounds extreme but may be the only long term suitable solution.
Admin  
#3 Posted : 02 November 2004 16:28:00(UTC)
Rank: Guest
Admin

Posted By Merv Newman Katie, you may be correct but you sound a bit like a dungeon mistress I know (dungeons and dragons that is) Surely, where disabled people are concerned a somewhat softer or at least a 100% legally defensible approach should be tried ? (before kicking the wheel chair down stairs)
Admin  
#4 Posted : 02 November 2004 16:38:00(UTC)
Rank: Guest
Admin

Posted By Neil Tonge Neil, An off the cuff answer because I didn't think you would want to go down the route the previous respondent suggested. Katie are you CIPD by any chance? Heard of some legislation called the Disability Discrimination Act? Disabled employees can now sue in civil court for unlimited damages if they are discriminated against on account of their disability. Sacking someone on the spot without going through appropriate disciplinary channels will more than likely mean a day in court! Essentially the DDA requires reasonable adjustments to be made to provide access to workplaces for those with disabilities. What is reasonable is dependent on the resources of the Company and the cost of the adjustment. It sounds as though you already have reasonable adjustments in place in the form of the EVAC chair and I would imagine your employee would use it in the event of a real fire. However if he point blank refuses perhaps restriction to the ground floor on the grounds of health and safety would be appropriate (and is allowed under DDA). Have you considered asking your employee what would be a reasonable adjustment? Hope this helps, Neil
Admin  
#5 Posted : 02 November 2004 16:40:00(UTC)
Rank: Guest
Admin

Posted By Neil Tonge Merv, Apologies, was refering to Katies posting as the previous one and not yours. Kicking the wheelchair hadn't crossed my mind..... Neil
Admin  
#6 Posted : 02 November 2004 16:47:00(UTC)
Rank: Guest
Admin

Posted By Rob There's nowt so queer as folk. If it was a really real life threatening situation would he use the EVAC then? Put that to him. If your company has done every thing reasonably practical to ensure a safe evacuation from his / her workplace then i would force the issue. What other "knock-on logistical effects" would occur if the individual was relocated to a ground floor. was the individual made aware of the location of the workplace on employment? The sack? Don't go there, try to reach an amicable solution. Bob
Admin  
#7 Posted : 02 November 2004 16:48:00(UTC)
Rank: Guest
Admin

Posted By Chas Please remember that evac chairs are not appropriate for everyone with impaired mobility. Some wheelchair users are unable to use, (or be transferred to), an evac chair and training in their use may be required. In my view so long as the individual is in a place of safety and can be in contact the incident officer, then that should suffice. The fire and rescue service can then assist the employer in effecting complete evacuation. Speak with the individual and the local fire service liaison officer and develop a workable solution together.
Admin  
#8 Posted : 02 November 2004 16:53:00(UTC)
Rank: Guest
Admin

Posted By John Webster Even with internal refuges, you would still need to have a means available for getting him downstairs if necessary. Wherever possible, relocating his office/department to the ground floor is usually the best solution, provided that he does not still require access to other floors in order to undertake his duties and is not unduly isolated from work colleagues. The DDA does require you to ask HIM what HE would consider to be reasonable adjustments. It would then be for you to show that his requests were unreasonable if you were unable or unwilling to meet them
Admin  
#9 Posted : 03 November 2004 13:23:00(UTC)
Rank: Guest
Admin

Posted By Neil Pearson Thansk for the feedback people. You've made me realise that I've been falling into the trap of talking to everyone except the person concerned! If he really won't (or can't) use an EVAC chair then it sounds like keeping him on the ground floor is acceptable from what you all say.
Admin  
#10 Posted : 03 November 2004 13:29:00(UTC)
Rank: Guest
Admin

Posted By Katie Hoyland posistive discrimination against mobility impaired invdividuals is beneficial in the long term.
Admin  
#11 Posted : 03 November 2004 14:15:00(UTC)
Rank: Guest
Admin

Posted By Maggie Atterbury Neil Have you discovered why the employee does not want to use the Evac chair? It is actually very frightening to sit in one and be pushed over the edge of the steps by a well meaning fellow employee, which is why, when I am training staff to use it I ensure that they have all been the passenger! If this is the problem, a quiet demonstration followed by a practice session with the chair and friends that he/she knows well may help. They may also be embarassed at using the chair when there are others using the stairs. If so reassure them that they will only use it when the stairs are clear of others evacuating the building - a sensible precaution any way. If however they cannot bear their own weight in order to transfer to the chair, so could only use it if they were lifted into it, then it is not an appropriate evacuation measure as fellow staff should not be manually handling them. In this case working on the ground floor would be the best solution. Maggie Atterbury
Admin  
#12 Posted : 03 November 2004 16:08:00(UTC)
Rank: Guest
Admin

Posted By Neil Pearson Thanks Maggie, you and the others above are right - I really need to talk to the person, so I'm trying to do that right now.
Users browsing this topic
Guest
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.