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
jsmca  
#1 Posted : 20 March 2012 16:12:11(UTC)
Rank: New forum user
jsmca

Hello all I have a dilemma. I manage a private leisure centre with a swimming pool. A member has recently become paralysed from the waist down. His wife is saying that we must install a disabled access hoist. My issue with this is that if we install it (apart from 6 monthly statutory checks) that I will have to train persons in the handling / moving of people. The staff do not wish to carry out this task. Any comments will be greatly appreciated as I try to comply as often as possible but I think this one may not be a reasonable adjustment. Thanks in advance - Jim
redken  
#2 Posted : 20 March 2012 16:22:35(UTC)
Rank: Super forum user
redken

"The staff do not wish to carry out this task" You do not have a dilemma, you have an opportunity.
firesafety101  
#3 Posted : 20 March 2012 16:24:08(UTC)
Rank: Super forum user
firesafety101

If don't you will fall foul of the Equality Act. Why should the disabled not have access to your pool, and other facilities. This is a no brainer.
achrn  
#4 Posted : 20 March 2012 16:30:40(UTC)
Rank: Super forum user
achrn

Firesafety101 wrote:
Why should the disabled not have access to your pool, and other facilities. This is a no brainer.
For exactly the same reason as they don't have access to lots of other places - if teh work required is more than a 'reasonable adjustment'. While installing a hoist may or may not be a reasonable adjustment, I think it's a wider issue than just installing the hoist - the initial question implies that the disabled person expects not only a hoist installed for their use, but also a staff member on hand on demand to operate and assist whenever desired. Requiring a hoist, and staff on standby to operate, and training of said staff, and maintenance etc of hoist may well be going beyond 'reasonable adjustments', could it not?
boblewis  
#5 Posted : 20 March 2012 16:46:42(UTC)
Rank: Super forum user
boblewis

As Firesafety says Its a no brainer - the adjustment is perfectly satisfactory and reasonable. The fact that your staff do not wish to assist disabled persons is a much deeper issue for you - not the disabled person. Refuse to act and I think a discrimination claim will quickly follow. You must consiider that the definition of discrimination is now so closely worded that you really have quite a task to show something is not reasonable. achrn's approach I think would not find much favour in court. Many pools now have such equipment as standard and you need to show why it cannot be installed - the staff will not operate it or be trained for it is no answer - you need to do some diversity training I think. Bob
boblewis  
#6 Posted : 20 March 2012 16:48:47(UTC)
Rank: Super forum user
boblewis

PS The ultimate question is Why had you not already installed this equipment. I presume you do have disabled toilets.
firesafety101  
#7 Posted : 21 March 2012 10:15:58(UTC)
Rank: Super forum user
firesafety101

Could you have a case of allowing physically disabled to join your private club but exclude them from using the pool, or do you not allow those people to join the club?
bob youel  
#8 Posted : 21 March 2012 11:35:55(UTC)
Rank: Super forum user
bob youel

There is some good advice here I would take advise from a legal expert in the area as to 'what is a reasonable adjustment in your particular situation' as two different people will think in two different ways depending on their personal circumstances
Ken Slack  
#9 Posted : 21 March 2012 11:56:05(UTC)
Rank: Super forum user
Ken Slack

I would see it as more than reasonable to install a hoist, as every other pool I have used recently have them. You never know you may even boost your client membership as more disabled people may see your company as a Equality Friendly company... As Bob says, it's an opportunity. As for your staff, seem a little narrow minded for these modern times.. IMVHO Cheers
boblewis  
#10 Posted : 21 March 2012 12:19:09(UTC)
Rank: Super forum user
boblewis

Firesafety I am afraid if anyone took such a route then a claim of discrimination would readily follow. The problem here is the staff and not the reasonableness of installing the equipment. As Ken says these hoists are common and methinks no judge will see it other than reasonable. There could be a strong case for changing the relevant staff for new staff on the grounds of Competence - ie such a dismissal would be fair if the procedures are followed. I feel that strongly about it. I personally find the behaviour of many members of society to the disabled and particularly those in wheelchairs as despicable. Believe me I encounter it everyday I am out on my wheelchair. Why should a club provide such a valuable benefit to its able bodied members and not its disabled members are we less human? I trust none in this profession would ever take such a stance. Rant over but we really must face diversity issues squarely and recognise at times we all say things that can cause great hurt. Bob
Ron Hunter  
#11 Posted : 21 March 2012 13:46:00(UTC)
Rank: Super forum user
Ron Hunter

c.£5K purchase + installation£+ architect/structural engineer£ + maintenance£. Only the Club can determine whether that is a cost they can reasonably incur. Actual use of these things is extremely straightforward, but there is still a requirement to have someone else there. Needn't be staff, could be another club or family member. Family members become very proficient at use of similar equipment in other accessible facilities.
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.