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#1 Posted : 25 October 2006 14:35:00(UTC)
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Posted By David Robb Scenario: Building on 3 floors with no passenger lift. A wheelchair user wishes to use the facilities in the building but cannot get gain access for the stairs. staff in the building decide to use the goods lift to get the wheelchair user to his location. The wheelchair user cannot be receiving 'less favorable treatment' as there is no lift available to able bodied persons. is the dignity of the individual being abused by the act of transporting him in the goods lift? or would it be a 'reasonable action' for the staff to take to allow him to use the facilities?
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#2 Posted : 25 October 2006 14:48:00(UTC)
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Posted By holmezy David, whatever you do or intend to do, using the goods lift is definately not the answer! Goods lift is for goods only not people. By all means use it to transport the wheelchair but dont put the person in with it......oh and dont tell your insurance company that you have been doing it. Holmezy
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#3 Posted : 25 October 2006 14:54:00(UTC)
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Posted By David Robb I am not planning on doing anything other than arguing the point that it shouldn't be happening. Problem is I've been through the Act and various guidance publications on tech indexes but cant find anything prescriptive enough to put my point more forcibly
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#4 Posted : 25 October 2006 15:14:00(UTC)
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Posted By Stuart Hamilton David, It is not a question of whether the staff can get the wheelchair(and person)up the stairs. Can you get them out in the event of a fire? Looking at it simplistically, the organisation should aim to make the required services available to all with mobility difficulties, but from the ground floor, unless there is a system for safe evacuation. If you are able to gain advanced knowledge of the arrival of such building users and have the trained staff available to deal with an evacuation during their stay, then emergency evacuation from floors above or below the ground floor may not be a problem In my mind the safest route is making services available on ground floor, have meetings on ground floor. That would be reasonable adjustment!
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#5 Posted : 25 October 2006 15:14:00(UTC)
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Posted By Salus If they are now able to access the facilities by using existing services, problem solved,if they moaning about dignity tell them where to get off. Just test your lift every 6 months I have heard of family run businesses that have been closed after 10's of years trading because of access issues (butcher,wanted to give DP a lift over his steps manually to access his produce, DP having none of it wanted proper ramp, cost thousands of pounds, butcher says no way and closes his business down because he wants to do what he thinks is reasonable not some moron and solicitor. It's about time someone told these self righteous people where to go.
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#6 Posted : 25 October 2006 16:06:00(UTC)
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Posted By holmezy David, Without seeing your facility, its difficult to envisage the real situation. However, most, if not all, goods lifts only have controls outside of the lift, ie no stop, open door, floor selection buttons inside the lift. They are also not a very pleasant environment, no lighting, dustiy, etc. Perhaps you could build an argument around that, or at least tag it on to the fact that goods lifts are for goods, not people, regardless of how often you inspect them. I do agree that it is reasonable to provide the same facilities on the ground floor, then there's no requirement to go higher. And the evacuation issue is also very important since advice is not to use lifts in case of fire etc..Have you got a nominated carer for the chair user, if not, everyone may scarper and adopt the "look after number one" attitude, which is the first reaction in any panic situation. Sorry if I got the wrong end of the stick previously.... Holmezy
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#7 Posted : 25 October 2006 16:07:00(UTC)
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Posted By holmezy Whats the building used for, by the way?
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#8 Posted : 25 October 2006 18:00:00(UTC)
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Posted By Ken Taylor From the information supplied, the proposal seems reasonable provided that either (a) the lift can be converted for passenger use and an evacuation plan can be made for the wheelchair user including assistance by appointed and trained persons; or (b) the lift can be converted to an evacuation lift for control by management in the event of fire.
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#9 Posted : 26 October 2006 09:52:00(UTC)
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Posted By David Robb Thanks to all who responded, the organisation for which i currently work has three building in which goods lifts are used. some of these 'goods lifts' are clean and others are used to carry food including fish etc. It very much depends on each situation and I appreciate many of the comments in the responses. It would appear that there, as in so many cases, is no definitive answer and it is how the acts and regulations are applied in each individual case that is crucial rather than one rule fits all. Although I sympathise with the post that highlighted the case of the butchers shop, I am afraid that adopting a similar stand in my organisation would likely mean a lot of time spent in court. And my gut feeling is that my employer employs me to avoid exactly that scenario.
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#10 Posted : 26 October 2006 11:04:00(UTC)
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Posted By Ali You would probably need to modify the goods lift to carry persons, examine it thoroughly every 6 months and purchase an evac chair for each of the 2 upper floors to assist the person in the event of emergency evacuation. Also, you would need to train staff in the use of the evac chair and nominate such persons. Prior to this it would be prudent to consult first with your Insurance Co. as it could be a costly exercise.
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#11 Posted : 26 October 2006 11:34:00(UTC)
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Posted By jackw. Hi, think it's time to stop running scared of the DDA.. the key phrase is "reasonable adjustment" If the goods lift is safe, big enough to accomodate the person or you can adjust it to be so within a reasonable cost then I can't see any issue. It isn't reasonable or expected that you install a new passenger lift for 1 employee. Main issue will be ensuring you can get him or her out in an emergency without the use of a lift. EVAC chair is reasonable option.. but so is locating them on the ground floor. Cheers.
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#12 Posted : 26 October 2006 11:36:00(UTC)
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Posted By andymak Dependant on the kind of goods lift depends if access to the upper areas by this method is ok or not. If it is one of the old fashioned goods only lifts then it will need converting which is expensive and so may not be reasonable. If this is the case then the person should not be using the lift. However if it is a newer type with controls inside the car but is termed a goods lift due to size and primary use then I don't foresee a problem with access. The main problem I see here is with emergency egress. If there were an evacuation situation how would the person evacuate without using the lift? Are evacuation chairs or wheelchair carrying evacuation devices available for this individual to be evacuated safely from the upper areas? Have the people helping the individual been trained in evacuation techniques to assist if the need arises?
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