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Hughes42830  
#1 Posted : 21 June 2019 11:49:33(UTC)
Rank: New forum user
Hughes42830

I'm trying to do a OHSAS 18001 legal compliance audit on the Equality Act and struggling to do so.  There are no disabled people working for the company with the exception of one guy with diabetes. Can anyone offer any wisdom at all please?

boblewis  
#2 Posted : 21 June 2019 21:17:30(UTC)
Rank: Super forum user
boblewis

I am always inclined to start with the fabric of the buildings and the maintenance of facilities for the disabled especially around access/egress, welfare. access routes and corridors.  Procedures for individual assessments should be in place and reviewed even if not used.  Do not forget the care of disabled persons and temporary disabilities

Finally watch out for visitor procedures

thanks 1 user thanked boblewis for this useful post.
Dave5705 on 22/06/2019(UTC)
A Kurdziel  
#3 Posted : 24 June 2019 11:10:52(UTC)
Rank: Super forum user
A Kurdziel

The Equality Act recognises a number of “Protected Characteristics” and you should not discriminate against people with those characteristics unless you have a good reason (““a proportionate means of achieving a legitimate aim”). The burden of proof is on you to prove that you are not discriminating.

The “Practiced Characteristics” are:

•            Sex

•            Race

•            Disability

•            Sexuality and gender reassignment

•            Religion or belief

•            Age

From the Health and Safety point of view what you need to do is look at the whole management system and check that they is nothing in there that directly or indirectly discriminates against people sharing the above characteristics.  Start with you policies and see how they are being applied so for example is the PPE you supplying come in range of sizes that can be worn by women as well as men.

Another example is your fire doors, which might cause problems for wheelchair users or people with limited upper body strength.

Just because you only have one diabetic on the books does not mean you are in the clear.  You might want recruit new staff and you can’t discriminate on the grounds that the business is not set up for someone with another disability or other characteristic. What about customers and visitors?   

thanks 1 user thanked A Kurdziel for this useful post.
jmaclaughlin on 26/06/2019(UTC)
hilary  
#4 Posted : 24 June 2019 11:38:36(UTC)
Rank: Super forum user
hilary

Does the OHSAS 18001 standard ask for legal compliance on this?  I've never been asked about it and have held 18001 for 9 years now.

Edited by user 24 June 2019 11:39:20(UTC)  | Reason: wrote ISO not OHSAS - someone will moan ...

biker1  
#5 Posted : 24 June 2019 14:50:53(UTC)
Rank: Super forum user
biker1

I think things are getting a bit mixed up here. 18001 does not equate directly to the Equality Act, they are two separate pieces of legislation aimed at different things.

If your place of work has visitors, you might have to put some things in place to allow for those with one of the protected characteristics. If you have no staff with disabilities, for instance, the obligation to provide 'reasonable adjustments' doesn't really kick in unless/until you plan to employ someone with a disability.

stevedm  
#6 Posted : 25 June 2019 06:28:18(UTC)
Rank: Super forum user
stevedm

Biker 18001 isn't legislation... :) the OP is doing a legal compliance audit...

The way I carry out legal compliance audit...is to list each part of the legislation and provide objective evidence of compliance against each point...the legislation isn't actually saying you need to have staff with disabilities it is saying you should provide for it... :)

biker1  
#7 Posted : 25 June 2019 08:16:11(UTC)
Rank: Super forum user
biker1

Yes, I phrased the first part of my post badly - 18001 is a standard, not legislation. This makes the difference between them even more pronounced. The audit will look at compliance with the standard, but where compliance with the Equality Act comes into this is unclear.

boblewis  
#8 Posted : 25 June 2019 21:15:31(UTC)
Rank: Super forum user
boblewis

Originally Posted by: biker1 Go to Quoted Post

Yes, I phrased the first part of my post badly - 18001 is a standard, not legislation. This makes the difference between them even more pronounced. The audit will look at compliance with the standard, but where compliance with the Equality Act comes into this is unclear.

The EQ 2010 defines who is to be protected and what from - 18001 Compliance audit looks at how such defined persons are protected wrt OHS

stevedm  
#9 Posted : 26 June 2019 06:41:16(UTC)
Rank: Super forum user
stevedm

Biker...the standard requires that you hold a register of legislation that applies to your operation...it also requires that you evaluate your compliance with that legislation...hence the legal compliance auidts... :)

thanks 1 user thanked stevedm for this useful post.
A Kurdziel on 26/06/2019(UTC)
biker1  
#10 Posted : 26 June 2019 15:21:25(UTC)
Rank: Super forum user
biker1

Understood, but wouldn't it be simpler to do an audit of compliance with the Equality Act, if that is what you're trying to find out?

stevedm  
#11 Posted : 27 June 2019 00:18:39(UTC)
Rank: Super forum user
stevedm

I think I'm having groundhog day...that is what the OP is doing and asked about...:)

hilary  
#12 Posted : 27 June 2019 07:04:17(UTC)
Rank: Super forum user
hilary

I think this is probably becoming over-complicated.  The audit should merely identify that you know you have to put plans in place in the event that you employ people with a disability.  You don't need to physically take any action until this time. Therefore, this should simply be a record that you have looked at the Equality Act and it is out there on your horizon somewhere.

boblewis  
#13 Posted : 27 June 2019 12:38:25(UTC)
Rank: Super forum user
boblewis

Unfortunately the EA will require some OHS related actions by an organisation whether or not they employ disabled persons AND these are not the  only protected categories  involved.  Look on it as manging diversity issues wrt OHS.

Edited by user 27 June 2019 12:41:06(UTC)  | Reason: Not specified

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