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Paul Duell  
#1 Posted : 13 October 2010 11:21:26(UTC)
Rank: Forum user
Paul Duell

Hi all I'm pretty sure I know the answer to this but just running it past some wiser heads... I'm reviewing our "Lone worker in the office" policy: Is it reasonable (and DDA compliant) to say that a person who'd be unable to evacuate unassisted cannot be approved as a lone worker? Intuitively I'm sure it is, but I just know that people in my organisation will challenge me on it, so I want to say I've checked.
jwk  
#2 Posted : 13 October 2010 12:20:32(UTC)
Rank: Super forum user
jwk

Paul, I hate to say this but it's down to risk assessment. How likely is a fire to occur, based on nature of premises and processes carried out, plus existing controls, and how possible is it to ensure relative safety without evacuation (e.g. provision of refuges etc), John
MrsBlue  
#3 Posted : 13 October 2010 14:27:56(UTC)
Rank: Guest
Guest

O come on - how about a bit of common sense - it's obvious that a disabled person who cannot (alone) extricate themselves from an emergency situation should not be granted "Lone working" status. Who needs a risk assessment to work that one out. Sorry I'm having a bad day - but sometimes it's just straight forward logical thinking and doesn't take the brains of an archbishop. Rich
sean  
#4 Posted : 13 October 2010 15:03:18(UTC)
Rank: Guest
Guest

Rich i like your style-:)
messyshaw  
#5 Posted : 13 October 2010 16:14:23(UTC)
Rank: Super forum user
messyshaw

Rich - Are you saying that you wouldn't allow your mobility impaired worker be alone at work, on any occasion? If so, I assume you've had the toilet cubicles widened!! Of course it's all down to a RA and what is meant by the term 'lone working' in this example. A wheelchair user alone in a sub basement under a LPG filling plant might not be easy to achieve. But someone who is a bit wobbly on their feet occupying an inner room office with colleagues outside in the access room/office is an altogether a different proposition. If you are considering a lone Vicar in an ancient church with candles, limited MOE and no AFD - Well that's one for the Archbishop perhaps :)
Paul Duell  
#6 Posted : 13 October 2010 17:21:20(UTC)
Rank: Forum user
Paul Duell

OK, well since it was me that started it... The scenario I'm envisioning is a small office block of two stories. It's normally occupied by fifty or so staff, but at start and end of day there can be someone left on their own. Also the nature of our work means that people can be called in to the office 24/7, and even if more than one person was coming, someone is on their own until the second person arrives. Risk of a fire starting is minimal and we have AFD and sprinklers, but the fact remains that a wheelchair user (for example) would have trouble getting out in a hurry unassisted. Intuitively I agree with those who say that of course someone who couldn't easily evacuate shouldn't be on their own in the workplace, but I know that someone is going to say I should be making sure I'm DDA compliant, even though it's obvious.
firesafety101  
#7 Posted : 13 October 2010 17:41:14(UTC)
Rank: Super forum user
firesafety101

This question is not as simple as it would appear? Are you aware of something that happened on 1st October 2010 - in the form of the Equality Act 2010. The aim is to promote equality for disabled people and to exclude the individual from working alone may be seen as exclusion under the new Act? It is now for the employer to make reasonable adjustments. I would have a more in depth re-think if I were you.
Paul Duell  
#8 Posted : 14 October 2010 09:48:05(UTC)
Rank: Forum user
Paul Duell

ChrisBurns wrote:
The aim is to promote equality for disabled people and to exclude the individual from working alone may be seen as exclusion under the new Act? It is now for the employer to make reasonable adjustments.
Thanks Chris - to get advice like this is exactly the reason I came to this forum. As you say, the whole thing isn't as simple as "you couldn't get yourself out so you can't be a lone worker". However - how far do we have to go to make a "reasonable" adjustment? is this the same "reasonable" as in "reasonably practicable" or does it have a different meaning here? If we can make it possible for someone to be a lone worker by getting some self closers adjusted so doors are easier to open, fair enough - and we'd probably have already done it anyway. But at the other end of the scale, as an example of what we might have to consider - one of our regional offices is on the second floor of a shared building. There are adequate fire stairs and a lift for everyday use, and we've catered for people of limited mobility (although we don't have any in that office at the moment) with an evac chair and trained operators. We can't provide an office on the ground floor because ground floor is an unmanned Reception and car park, and even if we did it would be outside our security perimeter (we're a govenrment agency). The only way I could make it possible for a lone worker wheelchair user to evacuate in a fire (or any other circumstance taking the lift out of order) would be some technology which as far as I know doesn't exist yet. I'm not unaware of the Equality Act or the needs, wishes and aspirations (and rights) of all people - I'm just trying to determine what's reasonable.
PhilBeale  
#9 Posted : 14 October 2010 11:13:01(UTC)
Rank: Super forum user
PhilBeale

Certainly if the equipment doesn't exist then it would be reasonable to say that they can't lone work as they have no means of getting themselves from the 1st floor to the ground floor without using the lift. Some might argue that you should install a fire fighter lift but the is unreasonable impracticable due to the massive costs involved Equally shouldn't the person with the disability be required to make reasonable adjustments which would be not to lone work for their safety and to work when other people are occupying the building i don't see how that would discriminate in the slightest I think common sense should apply at what is reasonable some off it will come down to cost and what is practical. Phil
iges  
#10 Posted : 14 October 2010 11:44:55(UTC)
Rank: New forum user
iges

Before you make any descision/proposal or out pen to paper, why not talk it through with the disabled person themselves. I wouldnt mind betting he/she has far more experience or understanding in this than we do!
jwk  
#11 Posted : 14 October 2010 12:09:40(UTC)
Rank: Super forum user
jwk

Rich, While your trenchant 'common sense' approach has a certain (limited) appeal, if you took that line you could end up costing your employer a good deal of time, trouble and effort, and money. The DDA requires reasonable adjustments, how can you evaluate what is reasonable if you don't subject the situation to analysis? What you say is true only if a fire is inevitable, and only if any inevitable fire is so devastating that no other means of protecting your disabled colleague is possible, John
jwk  
#12 Posted : 14 October 2010 12:10:47(UTC)
Rank: Super forum user
jwk

Oh and yes, iges is bang to rights, what does the affected person think? John
firesafety101  
#13 Posted : 14 October 2010 12:17:52(UTC)
Rank: Super forum user
firesafety101

Now then Paul you did not mention wheelchair user in your initial question. Is this the issue? Wheelchair user working above the ground floor - no lift available during an emergency? Does the wheelchair user have some mobility that could allow bumping down stairs? If so is there a way of getting the wheelchair down as well? What does the individual feel about the lone working issue? What is the emergency procedure during normal occupied hours? Just a few things to consider. Bear in mind that disability is not always wheelchair - could be partially sighted or hearing loss - among many other things.
jwk  
#14 Posted : 14 October 2010 12:18:58(UTC)
Rank: Super forum user
jwk

Just as a quick illustration of why it's important to ask the person themselves. I had a blind colleague (blind was his own preferred term by the way), and his comment about braille buttons in lifts was 'That's all very well, but when I walk into a lift I think 'Now, where have they put the buttons in this one?'' John
KieranD  
#15 Posted : 14 October 2010 13:04:21(UTC)
Rank: Guest
Guest

Paul It's worth considering very carefully just how you formulate such a policy without a qualification. It appears reasonable and plausible to say that a person who'd be unable to evacuate unassisted cannot be approved as a lone worker With regard to discrimating illegally against a person (employee or customer or contractor) with the 'personal charactertic' of disability, the relevant law is now The Equality Act 2010 not the DDA. Not only do you now need to address 'indirect' but also 'perceived' and 'associative' discrimiation. Risk assessment can go a fair way. But what about an employee who has lost her ability to smell due to a road accident, and is unable to notice smells of burning. Or somewho prone to epilepsy but has never had an episode YET. Careless drafting of your policy can allow a nit-picking lawyer to quote you misleadingly out of context.
firesafety101  
#16 Posted : 14 October 2010 13:57:14(UTC)
Rank: Super forum user
firesafety101

Paul, Contact your local Job centre, there was recently a system whereby they would appoint a "carer" to work with disabled persons who would otherwise not be able to work.
jwk  
#17 Posted : 14 October 2010 14:06:43(UTC)
Rank: Super forum user
jwk

May as well get shot down in flames here... (no pun intended) Yes, I know what the RR(FS)O says about 'relevant persons' and the risks to them, but here's the thing; this disabled person is not at very great risk of death from fire. Fire is an over-rated hazard. When we think about fire, we automatically assume that it will happen, and that if it did the disabled person would die. Well, here's the rub; that fire is extremely unlkely to happen; if your fire safety risk assessment is good the already low chances of a fire are even lower, and the risk to your disabled person becomes even smaller. How many two-storey office blocks are there in the UK? How many suffer a potentially fatal hostile fire in any given year? What, seriously, is the risk to this person? I would have to rate it as very low. That's what risk assessment means. What are the chances of any given employee dying unexpectedly from, say, undiagnosed heart disease? Greater or less than the chances that this particular employee will die in a fire? If a first aider is present undiagnosed heart disease victims stand a much better chance of survival, especially if there's a defib in the building. So why let anybody work alone? We've had this discussion before on this board, but no harm going over it again, John
firesafety101  
#18 Posted : 14 October 2010 14:21:56(UTC)
Rank: Super forum user
firesafety101

jwk, I suppose you would be prepared to make the final decision would you?
Invictus  
#19 Posted : 14 October 2010 14:31:57(UTC)
Rank: Super forum user
Invictus

Reasonable adjustments, thats what needs to be made and if they can't they can't. Is it reasonable to employ someone just to stand by in case of fire, of course it's not even if they are supplied by the job centre. Sometimes we have to accept that we can not always fulfil all requirements. The person may not want to be left on thier own morning or late at night. Is it a requirement of the job or is it people working flexi time? As I don't know the full requirements of what is or is not expected I can't comment on what is right or wrong.
Paul Duell  
#20 Posted : 14 October 2010 14:56:06(UTC)
Rank: Forum user
Paul Duell

I had a feeling this might happen - to re-state the relevant bits of my original post...
Paul Duell wrote:
I'm reviewing our "Lone worker in the office" policy:
We don't at the moment have a person with a disability who would be affected by this, so I can't talk to them! Of course if such a person* joined the organisation, we'd be having that discussion with them. But if the result of that discussion was that they'd be unable to evacuate unassisted in the event of fire...
Paul Duell wrote:
=Is it reasonable (and DDA compliant) to say that a person who'd be unable to evacuate unassisted cannot be approved as a lone worker?
Acknowledging my error in quoting DDA not EA, my question is about someone who cannot evacuate unassisted being a lone worker: If their disability means they can't hear the alarm (but could otherwise evacuate OK), this question isn't about them: If we can install a firefighting lift which they can operate, they're not unable to evacuate and the question isn't about them. If we can provide them with a "buddy", whatever the source, they're not a lone worker and the question isn't about them. And if they're not likely to have a reason or the desire to work alone, then the question isn't about them. So - acknowledging that there are vast numbers of other situations that I also need to consider (and have already, in many cases, considered), my question as amended remains...
Paul Duell wrote:
=Is it reasonable (and EA compliant) to say that a person who'd be unable to evacuate unassisted (with whatever technology we already have or can reasonably provide) cannot be approved as a lone worker?
* "Such a person" = in this context a person with a disability (of any kind) which would make it difficult for them to evacuate unassisted in the event of an emergency, given the circumstances at the regional office where they were going to be working, and becoming a member of a team where lone (i.e. out of normal hours) working was likely to be offered.
firesafety101  
#21 Posted : 14 October 2010 15:12:26(UTC)
Rank: Super forum user
firesafety101

Paul, we're only trying to help, I think you know that, but if your final position is one of a lone worker and evacuation you do already know the answer.
Paul Duell  
#22 Posted : 14 October 2010 15:16:15(UTC)
Rank: Forum user
Paul Duell

I know everyone is trying to help, Chris, and I apologise if it looked like I didn't. I'm just trying to bring the discussion back to the question I actually asked!
firesafety101  
#23 Posted : 14 October 2010 16:25:06(UTC)
Rank: Super forum user
firesafety101

OK another point - some disabled people do not wish to disclose their disability and the new act does not require them to. A case of emergency evacuation may be the first time you find out an employee has a disability so you are unable to pre plan to assist them.
Kate  
#24 Posted : 14 October 2010 16:32:13(UTC)
Rank: Super forum user
Kate

Why wouldn't you find out about the disability during a drill?
firesafety101  
#25 Posted : 14 October 2010 16:35:16(UTC)
Rank: Super forum user
firesafety101

Kate - good point, however the real thing just may occur first.
jwk  
#26 Posted : 14 October 2010 16:57:35(UTC)
Rank: Super forum user
jwk

Chris, yes, I would, I would happily make the decision in conjunction with the disabled person, John
jwk  
#27 Posted : 14 October 2010 16:59:29(UTC)
Rank: Super forum user
jwk

Paul, A question which you would need to ask of course is what are the circumstances which mean they have to work alone? John
RayRapp  
#28 Posted : 14 October 2010 18:21:27(UTC)
Rank: Super forum user
RayRapp

You are either a lone worker or not, I'm not sure what a person's ability to evacuate unassisted has to do with lone working? Measures should be put in place to assist any individual who may have difficulties evacuating a building in the event of an emergency. Ideally, working on the ground floor would be a good start.
Paul Duell  
#29 Posted : 15 October 2010 09:58:02(UTC)
Rank: Forum user
Paul Duell

jwk wrote:
Paul, A question which you would need to ask of course is what are the circumstances which mean they have to work alone? John
Difficult to answer in detail without identifying who I work for, but we have on call teams who conceivably could be called in to the office 24/7 (and often are - one or two overnight callouts / week average). Depending on the nature of what they're responding to, conceivably the "team" could be a lone worker in one region working with a lone worker in another region.
Chris Burns wrote:
Some disabled people do not wish to disclose their disability and the new act does not require them to. A case of emergency evacuation may be the first time you find out an employee has a disability so you are unable to pre plan to assist them.
Interesting point - but you can only do what you can do, and when you DO know, you have to do what you can.
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