Rank: New forum user
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We have a disabled toilet in our workplace which has never been used by a disabled person in the past 10 years , we have no disabled people working or visiting our premises and wish to remove the toilet to use the area as extra storage space.
Would this be breaking any regulations .
Many Thanks !
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Rank: Super forum user
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Won't would happen if you employeed a disabled person next year or do you make it a policy not to employee disabled persons (think carefully). At the end of the day the disabled toilet can be used by anyone it's just been adapted for the needs of disabled. There isn't anything frighteningly different about it to a normal toilet apart from bigger space and a few handrails.
If space is that tight may be throw some rubbish out. because what are you going to do once you have filled up this area. it would be a short term solution for a long term problem. Would you be breaking regulations i would have thought you would be on dodgy grounds because as soon as you remove the disabled toilet you are as good as saying we don't employee disabled persons which would then be discrimination in my view.
Phil
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Rank: Super forum user
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What would you do if one of your current employees 'became' disabled though an accident or illness - would you then get rid of them too?
Try making the toilet 'dual' (male or female AND disabled) if you are struggling to justify its presence; it must have been put in a for a reason at some point in time.
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Rank: New forum user
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Die to the nature of work we could not employ a disabled person , there is no reason why the toilet was put in place , I just need to know if we are breaking any laws by removing it.
The area is to be used as a secure locker due to numerous break ins..
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Rank: Super forum user
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i believe modern building regs require disabled toilets to be installed in all new builds to ensure they are compliant for the future nothing to say the building may have several different uses in it's life time.
Ultimately i guess you can do what you want so long as you own the building. the only issue will come if the authorities find out and believe you are ignoring regulations. but it's unlikely they are just going to drop by on the off chance that you have removed a disabled toilet. Unless an employee reports you?
removing facilities installed for the needs of the disabled may not look good.
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Rank: Super forum user
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Opening myself up for criticism here but I see no reason why the disabled toilet cannot be removed. There are no members of the public entering the facility and they have no need for the disabled toilet so why have it. Not sure why he needs to justify taking it out to anyone.
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Rank: Super forum user
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Take it out and have a notice on the main entrance saying "there are no disabled facilities in these premises".
See if that takes you anywhere?
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Rank: Super forum user
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Disconnect the pluming - box around the pan - install suitable temporary storage arrangements - reverse process where and when required.
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Rank: Super forum user
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grim72 wrote:Opening myself up for criticism here but I see no reason why the disabled toilet cannot be removed. There are no members of the public entering the facility and they have no need for the disabled toilet so why have it. Not sure why he needs to justify taking it out to anyone.
You can pretty much do what you want, you can chain your fire exit doors shut not have your fire alarm system serviced that's all fine but it's when someone in authority comes knocking the problems start what you want to do and can do might be two different things.
With out knowing building regs inside and out but i believe they are looking at ensuring all new builds and refurbishments are looking to have facilities for the disabled and would be part of the planning process and approval right down to the height electrical sockets have to be installed in the home.
So by removing the facilities you could fall under the disability discrimination act as you are removing a facility that has been provided. i accept know one has the need for the facility but that doesn't take account for the future anyone applying for a job would automatically discriminated against.
By law you have to make reasonable adjustments to your premises for the needs of the disabled so it would contradict the regs to remove a facility that has been provided.
Just not sure cupboard space would be a justifiable reason if it was taken further I'm sure a secure area could just as easily be created else where or purpose designed container for security. the root cause is the theft from site that needs tackling if they are breaking into steal what's going to stop them in setting fire to the place as well.
If no one knows what you've done then it's not going to be an issue, but if they find out then there could be an issue may be contact the local council if you want a definitive answer.
Phil
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Rank: Guest
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To be frank, it is difficult to come to a conculsion with the amount of information provided. Neither post indicates what type of premises they are, nor what work processes are being carried out.
Quote:Due to the nature of work we could not employ a disabled person does concern me a little though, as that sweeping statement in itself may be a little narrow minded. However, as the work processes carried out on th epremises are not described, again, it is difficult to come to a conculsion.
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Rank: Super forum user
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people only provide what information they want, potentially to guide you to the decision that they want you to take to agree with them. I think with in most companies there can be roles for disabled personnel and remember we are not just referring to people in wheelchairs.
Others who may not be able to make at as easily up the stairs etc or even older people or those with other medical conditions who might find the grab rails useful. If you had lots of disabled toilets and no-one was disabled then there could be reasoned logic why removing one would not be an issue but if it's the only disabled toilet then it's more of a problem
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Rank: Forum user
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My understanding is that you only discriminate if you do not provide a service to a disabled person that you do to a non-disabled person (and disabled does not automatically mean wheelchair user). Of course you can always remove all the other toilets as well and that way if you're not providing them for able bodied people you don't have to provide them for disabled people. Of course your local HSE/EHO inspector won't be too happy under the Workplace Regs.
Joking aside, no-one enforces the DD Act as such, what happens is that service users take you to task via the Tribunal system by way of a complaint. So if you're providing toilets for abled bodied people and you either get a visitor to your site, an existing member of staff becomes disabled, or you employ a new member of staff with a disability then you will need to ensure their needs are met - the extent of what you provide will depend on the persons disability and does not necessarily mean you have to provide a wheelchair accessible toilet.
I don't know enough about Building Regs to comment as to whether if they found out you had removed the disabled WC what powers they have to make you reinstate it - be worth a quick anonymous phone call to them with a hypothetical situation though - "what would you do if ....." and see what they say.
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Rank: Super forum user
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I think there is a degree of discriminatory thinking going on here. As has been said it is always possible to use the toilets in the normal manner by the able bodied and to simply to remove the only facility for the disabled is distinctly stating that disabled visitors and employees will not be even contemplated at any time in the future.
Legislation is quite clear and what you are contemplating could be regarded as a breach - Find another space - perhaps by removing one of the other toilets!!!
Bob
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