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achrn  
#1 Posted : 23 September 2015 09:14:16(UTC)
Rank: Super forum user
achrn

I'd like opinions on some interpretation of the Workplace (Health, Safety and Welfare) Regs. How many staff can you have in a workplace that has a ladies toilet containing just the one toilet plus one washbasin, a gents that has one toilet, two urinals and one washbasin, and a unisex disabled toilet (one toilet plus one washbasin). If the disabled toilet is not counted (ie, is not for use by the non-disabled), to the ACOP you'd be limited to five women and 15 men, but if it's shared you can advance a case for lots more - up to 25 women, arguably up to 45 men, and up to 50 total. (Top save digging in the ACOP: http://www.hse.gov.uk/contact/faqs/toilets.htm ) The company wants to put 30 people in there, of unspecified balance of sexes (but typically the workforce is about 25% female), facility provision for 25 women / 25 men / 35 total would be reasonable, I think.
chris.packham  
#2 Posted : 23 September 2015 11:29:13(UTC)
Rank: Super forum user
chris.packham

When considering how many toilets, one thing you should include in your deliberations is the pattern of use. There is obviously a difference between the number required where use is spread more or less evenly over the day and where there is intensive usage at specific times, e.g. breaks, lunchtime shift change, etc. In the latter you will need to assess how many people are likely to be using the toilet facilities at one time. Layout can also affect the numbers of washbasins, etc. required. Aim for a logical through flow for the user (not always as simple as you might think). If you need more on this PM me with your e-mail and I can send you a more detailed explanation. Chris
Graham Bullough  
#3 Posted : 24 September 2015 11:32:51(UTC)
Rank: Super forum user
Graham Bullough

Chris Packham makes a very valid about pattern of use. A classic example exists in schools where teachers, by the nature of their work with pupil classes which cannot be left unattended, are limited to using toilets during morning, lunchtime and afternoon (if any) breaks. The situation is less fraught in nursery schools and some primary schools which have classes with more than one adult present, e.g. a teacher and a classroom assistant. Even so, it seems that such adults prefer not to break off from teaching or assisting with pupils unless they are desperate to go to the toilet. For many decades female teachers have greatly outnumbered male teachers in primary schools. Therefore, I thought it strange that the buildings of most of the primary schools I used to work with tended to have equal numbers of toilets for men and women. Over many years it seemed that architects who designed primary school buildings were unaware of the normal teacher gender ratios and didn't get/want feedback about their designs from people who worked in their creations, or perhaps such people tended to think there was no point complaining about poor design aspects and simply tolerated them as best they could. The situation in primary schools tended to become exacerbated as they got more support staff, notably classroom assistants and usually female. As a result, in primary schools with inadequate toilet provision and large numbers of predominantly female employees, such employees will use any toilets they can find during break times, including those signed as being for men or disabled persons!
Graham Bullough  
#4 Posted : 24 September 2015 11:39:17(UTC)
Rank: Super forum user
Graham Bullough

oops! - My first line above should read "Chris Packham makes a very valid point about pattern of use." Should I now emulate some forum posters by asking for an edit facility or simply chide myself for not having properly proof-read what I had typed before hitting the send button?!!! :-)
Graham  
#5 Posted : 24 September 2015 11:54:39(UTC)
Rank: Forum user
Graham

What is the problem with able bodied employees using disabled toilets? Surely it means the facilities especially the water outlets get used thus reducing the Legionella risk, and ensuring the facilities are in good working order. I feel much the same about public disabled facilities they should be available for everyone to keep them in good working order. OK so very occasionally a disabled person might find a toilet occupied by an able bodied person but what is the problem with that if it means the facilities are functioning well?
chris.packham  
#6 Posted : 24 September 2015 11:58:36(UTC)
Rank: Super forum user
chris.packham

I agree with what Graham has posted in that architects do not seem to understand how to design toilets arrangements that work! I have several examples of this. What should be considered is how to arrange the toilet/washroom so that it encourages correct use. We should be trying to ensure that the users: Wash their hands first so as to avoid contaminating sensitive skin with dirty hands. (If you don't believe this try rubbing your hands on a hot chilli first!). They should then be encouraged to wash their hands after toilet use and, having dried their hands, apply a moisturising lotion as they leave the washroom to replace the natural hydrolipidic film that controls moisture loss. Location of all the different cleansers and the moisturiser together on a single board over the washbasin is not the best arrangement as the user may have to wait to return to the washbasin which is occupied by someone else. It is surprising how the correct layout can improve hand hygiene. Chris
Graham Bullough  
#7 Posted : 24 September 2015 12:41:11(UTC)
Rank: Super forum user
Graham Bullough

Just in case anyone misperceived my concluding comments at #3 as inferring that disabled toilets should not be used by people who are not disabled, I fully agree with the points made by Graham at #5 for all the reasons he gave. Also, as an aside to this thread, Chris Packham's comments about hand washing prompts me to lament from casual observations over the years (in both workplace and public type facilities) that a significant proportion of men do not bother to wash their hands at all after using toilets. (This especially includes men who have come out of WC cubicles at male facilities where urinals are available. This sad fact underpins the standard semi-jokey advice against taking complementary peanuts from bowls in public bars, etc., because it's quite possible that those who invariably touch the peanuts in such bowls while helping themselves will include people who do not bother washing hands after using toilets! To help avoid confusion about multiple Grahams on this thread I'll sign myself off as Graham B.
achrn  
#8 Posted : 24 September 2015 13:14:31(UTC)
Rank: Super forum user
achrn

To clarify (and maybe even return discussion to the case I'm trying to resolve), it's an 'ordinary' office without shift working. We have a defined lunch hour but there's no restriction on when people use the toilet facilities, and there's a flexible start and finish time arrangement for all staff. All the users will be adults of normal working age. We don't currently have any disabled staff in that workforce or members of any vulnerable groups requiring specific facilities, but might do in future (though unlikely to be markedly different numbers or proportion than is typical in the UK general workforce). So how many people would you think you could accommodate in a workplace which has a ladies toilet containing just the one toilet plus one washbasin, a gents that has one toilet, two urinals and one washbasin, and a unisex disabled toilet (one toilet plus one washbasin), and consider it would satisfy the ratios in the ACOP?
Graham  
#9 Posted : 24 September 2015 14:27:04(UTC)
Rank: Forum user
Graham

My take on this would be: Gents One toilet two urinals means up to 15 men. Ladies One toilet means up to 5 women. The shared disabled facility will add another 5 people of either gender. This is however guidance and not compulsory. We’re pushing our landlord to provide more facilities. We have two unisex toilets, one on each floor with a hand basin in each. But we have 27 people mixed male and female. There are other companies on the premises so I’m pushing for another unisex toilet. But obviously there’s pushback since we can use the building next door (across and outside courtyard). And I just know someone’s going to say guidance, guidance, guidance - we don’t have to do anything. But like too much HnS it’s a matter of opinion as to what is required. Graham W
David Bannister  
#10 Posted : 24 September 2015 16:07:27(UTC)
Rank: Super forum user
David Bannister

Oooh Graham, how very dare you. I put forward that argument on here some years ago and got well & truly mugged by some posters for daring to suggest that able-bodied persons should be allowed to step inside a disable toilet. Given a basic and universal human requirement to relieve ourselves I am continually astonished at the attitudes of some who want to deny those in need. And as for numbers of toilets: it is plainly obvious to anyone who will look that the ladies queue generally extends much further than the mens queue. Why can architects and bean counters not see that the official guidance is pants?
achrn  
#11 Posted : 25 September 2015 10:11:44(UTC)
Rank: Super forum user
achrn

Graham wrote:
My take on this would be: Gents One toilet two urinals means up to 15 men. Ladies One toilet means up to 5 women. The shared disabled facility will add another 5 people of either gender.
That would be the most onerous possible interpretation. I agree it can't be worse than that, but I think it should be better. Setting aside the disabled aspect, this interpretation says that 1xM 1xF 1xU accommodates 25 (as set out above). However, if you take the unisex label off the door and substitute a female label, you are not making more toilets available to anyone of either sex, you are reducing the toilets available to some people, yet suddenly you can accommodate 40 people. So making fewer toilets available to some people allows more people in the building. However, it is clearly a matter of opinion. Mostly I think that's a strength in our H&S statute (you can examine the actual situation and make a nuanced judgement), but sometimes it would be easier if there were hard-and-fast rules for every situation.
biker1  
#12 Posted : 25 September 2015 10:31:35(UTC)
Rank: Super forum user
biker1

On the subject of disabled loos, the purpose of providing these is to put disabled employees/visitors on an equal par with non-disabled, i.e. that a reasonable adjustment has been made so that disabled people are not at a disadvantage compared to non-disabled. They have a loo that is accessible to them and suitable for their use. This is required under the Equality Act. I don't think it was ever the intention to put them at an advantage over non-disabled, and I don't think most disabled people would expect this, i.e. the exclusive use of a toilet. All things being equal, I don't think there is any reason why non-disabled people can't use a disabled toilet if that's the only one available, but it would be considerate for them not to use it if there are other toilets available. If the nature of an employee's disability makes it crucial for them to have instant access to a toilet, that should be taken into account, and in that situation access to the disabled loo may well have to be limited. It is what can be considered a reasonable adjustment, and that will vary depending on the problem in hand.
boblewis  
#13 Posted : 25 September 2015 10:40:09(UTC)
Rank: Super forum user
boblewis

WE should be aware however that the building was issued with building regs approval with a Disabled9 should read accessible nowadays) toilet that was intended for sole use. Changes like this tend to leave one open to discrimination claims. The standard is "Not significantly more difficult" NOT equal.
biker1  
#14 Posted : 25 September 2015 10:46:58(UTC)
Rank: Super forum user
biker1

boblewis wrote:
WE should be aware however that the building was issued with building regs approval with a Disabled9 should read accessible nowadays) toilet that was intended for sole use. Changes like this tend to leave one open to discrimination claims. The standard is "Not significantly more difficult" NOT equal.
Not unusual for one piece of legislation to be at odds with another, in this case building regs and the Equalility Act. The building regs stipulate a maximum slope for access ramps of 1 in 12, which is frankly unworkable in many premises, and somewhat over the top. Don't even get me started on the nonsense over listed buildings and the inability to alter them to cater for people; surely the people are more important than the building.
stonecold  
#15 Posted : 25 September 2015 11:33:45(UTC)
Rank: Super forum user
stonecold

Its not unusual to find some disabled toilets locked. Quite common at a certain large supermarket I sometimes visit. Some require a radar key. If you don't have a radar key do you have to go to the customer service counter and prove your disabled before they allow you to use them? :/
boblewis  
#16 Posted : 28 September 2015 09:52:15(UTC)
Rank: Super forum user
boblewis

I actually do not have a problem with radar keys as they at least keep out the families and baby changers. I hate it when the store has their own lock and warn them that they must lock all toilets if they are not to be discriminatory. I am also the target of some peoples ire as I got some store toilets closed as they do not have any disabled toilet - I am a spoilsport:-)
David Bannister  
#17 Posted : 28 September 2015 16:08:46(UTC)
Rank: Super forum user
David Bannister

boblewis wrote:
I actually do not have a problem with radar keys as they at least keep out the families and baby changers. I hate it when the store has their own lock and warn them that they must lock all toilets if they are not to be discriminatory. I am also the target of some peoples ire as I got some store toilets closed as they do not have any disabled toilet - I am a spoilsport:-)
Pure lunacy. I want a Lamborghini but don't have one. But that's no reason to ban other people from having one.
stonecold  
#18 Posted : 28 September 2015 16:19:07(UTC)
Rank: Super forum user
stonecold

David Bannister wrote:
boblewis wrote:
I actually do not have a problem with radar keys as they at least keep out the families and baby changers. I hate it when the store has their own lock and warn them that they must lock all toilets if they are not to be discriminatory. I am also the target of some peoples ire as I got some store toilets closed as they do not have any disabled toilet - I am a spoilsport:-)
Pure lunacy. I want a Lamborghini but don't have one. But that's no reason to ban other people from having one.
Agree absolutely ridiculous, more ammo for the anti H and S brigade. I think people who reccomend pathetic and unnecessary bans like that were probably bullied at school....hmm or short, ..or both..
boblewis  
#19 Posted : 28 September 2015 17:12:27(UTC)
Rank: Super forum user
boblewis

David Even your flip comment might be regarded by some as discriminatory. This thread is not strictly an H&S issue but one of equality. All too often it seems the easy solution is to disregard the need of the disabled simply to cure an H&S issue. Managers love the idea of simply doubling up as it readily solves a cash issue. I do not personally want a disabled toilet I simply need one so your sports car analogy bites the dust. Can anyone explain why the able bodied should have toilets when the disabled do not???
boblewis  
#20 Posted : 28 September 2015 17:15:27(UTC)
Rank: Super forum user
boblewis

Stonecold Not anti H&S ammo but rather anti unthinking able bodied ammo. Live a day in my or somebody else's wheelchair.
stonecold  
#21 Posted : 29 September 2015 08:07:10(UTC)
Rank: Super forum user
stonecold

boblewis wrote:
Stonecold Not anti H&S ammo but rather anti unthinking able bodied ammo. Live a day in my or somebody else's wheelchair.
I stand by my comment. Why insist ALL toilets are closed. Total over reaction and doesn't solve the problem. Instead probably creates more. Well done.
David Bannister  
#22 Posted : 29 September 2015 09:06:50(UTC)
Rank: Super forum user
David Bannister

Denying the use of a toilet does absolutely nothing for the cause of ensuring disabled people get equality. It creates resentment, hostility and derision for those who push for such decisions and those who allow themselves to be persuaded to make them. Still lunacy, and I still want a Lambo.
achrn  
#23 Posted : 29 September 2015 10:55:14(UTC)
Rank: Super forum user
achrn

David Bannister wrote:
Still lunacy, and I still want a Lambo.
They aren't that expensive, if you're willing to travel (much more common on the continent than in the UK) - http://www.mascus.co.uk/...hini-955dt/pdyoujuj.html for example, running order and under £10k.
boblewis  
#24 Posted : 02 October 2015 09:32:08(UTC)
Rank: Super forum user
boblewis

I still hold that even for H&S we are not permitted simply to disregard other regulations in order to solve our own H&S issues. The store in question had been gently reminded by myself and other disabled persons over a number of months but had refused to re constitute the disabled toilets that they had changed to able use and modified a corridor so that wheelchair access was no longer possible in any case. Again we should not try to assess away the legal rights of others because it suits our needs.
Invictus  
#25 Posted : 02 October 2015 12:45:00(UTC)
Rank: Super forum user
Invictus

boblewis wrote:
I still hold that even for H&S we are not permitted simply to disregard other regulations in order to solve our own H&S issues. The store in question had been gently reminded by myself and other disabled persons over a number of months but had refused to re constitute the disabled toilets that they had changed to able use and modified a corridor so that wheelchair access was no longer possible in any case. Again we should not try to assess away the legal rights of others because it suits our needs.
I thought they only had to make aresonable adjustment and maybe it wasn,t reasonable. I don't think getting the toilets shut down is worthy of a boast. You could of got support and pertitions and got the shop to change it's mind. But then again if some can't have why should others, childish view in my opinion for people who think that way. I think ablebodied should be allowed to use a disbled toilet, unless there really is something special about them. Now if you were talking about a hotel room I don't think they should put ablebodied in rooms for wheelchair users!
boblewis  
#26 Posted : 06 October 2015 10:04:46(UTC)
Rank: Super forum user
boblewis

After 12 months pressure the store did finally restore the toilets as previous. What would have been the result without significant pressure????? The test of reasonableness is indeed there BUT not until one has ensured that persons under the Equality Act are not significantly more affected. The point I am really making is that when it comes to welfare and similar issues then the needs of H&S in terms of facility provision does not on its own give a complete picture. You cannot simply risk assess away the needs of the disabled. Indeed it is sometimes the case that standards for H&S are lower than may the case under other legislation or practices. Maintenance of public footways is a case in point where disabled persons either ambulant or on mobility aids need more even paths than is achieved under the Insurers guidance to LAs for rejection of claims for falls due to the condition of the path surface.
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