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
Admin  
#1 Posted : 17 April 2004 19:15:00(UTC)
Rank: Guest
Admin

Posted By Steve Cartwright I work for a finance company which has branches all over the country. Due to recent changes in the Disability Discrimination Act we are supposed to make all our branches accessable to disabled people. Some of our branches will require alteration work. This may not be possible as some of our premises are listed buildings. Is there any way round this problem. Also who is actually going to enforce this law.
Admin  
#2 Posted : 17 April 2004 22:34:00(UTC)
Rank: Guest
Admin

Posted By Mike Miller The disabled will enforce it when they challenge you because they cannot access your services. Just like women did in men only clubs. Trust me pal you will be challenged. If I was you I would do the decent thing and comply. and not worry whether you will be challenged or not. Sounds like your already seeking a cop out! Mike
Admin  
#3 Posted : 18 April 2004 10:12:00(UTC)
Rank: Guest
Admin

Posted By John Caboche Please check out the IOSH South West branch website, at the last branch meeting Terry McAuliffe, gave an informative presentation. He is an established expert who regularly sits on the Employment Tribunal hearing cases of alleged disability discrimination at work. The powerpoints and minutes are available to download and will give you a good idea of how the act works. The act is not as onerous as it first appears and is subsidiary to other legislation. Hope this helps.
Admin  
#4 Posted : 18 April 2004 22:18:00(UTC)
Rank: Guest
Admin

Posted By Phil Atkinson Important bit of the legislation is to make "reasonable adjustment" to premises, or working practises etc. This allows you to take into account factors such as listed building status and cost.
Admin  
#5 Posted : 19 April 2004 09:07:00(UTC)
Rank: Guest
Admin

Posted By B Ferris Steve, If after an DDA Audit on the premisies you need to undertake changes you would need planning permission to alter your listed properties. To that end if you are turned down by the planners i would say you have done all you can to comply with the act and also have a paper trail to support you. Regards Ben
Admin  
#6 Posted : 19 April 2004 10:58:00(UTC)
Rank: Guest
Admin

Posted By Sean Fraser I just wanted to say, I followed up on the suggestion to view Terry McAuliffe's presentation on the DDA - excellent! It certainly provided me with a better understanding of the import of the Act and amendments through simple to follow slides than the overly verbose information given in the government and related sites. It is also commendable that the previous notes and presentations are made available on the branch website, so that members and non-members alike can benefit from topics discussed outwith their own branch (mine is North of Scotland). Well done! A valuable resource I'll no doubt be tapping into from now on.
Admin  
#7 Posted : 19 April 2004 21:20:00(UTC)
Rank: Guest
Admin

Posted By Kieran Duignan Steve As your question referred to branches around the country, it is worth your while thinking very carefully about the scope of disabilities (physical and mental impairments) you are legally obliged to provide for in terms of access. According to the leading safety barrister, Brian Doyle ('Disability Discrimination, Jordans, 2000, page 13, subpara. 2.4.1), they include: mobility; manual dexterity; physical co-ordination; continence; ability to lift, carry or otherwise move everyday objects; speech, hearing or eyesight; memory or ability to concentrate, learn or understand; perception of the risk of physical danger'. Many of these factors - in particular, impairments In regard to memory or ability to concentrate, learn or understand - have little or nothing to do with the status of a listed buildings but everything to do with the quality of staff training and behaviour towards disabled people. Besides disabled individuals who perceive a building to deprive them of their rights of access to services, you can also reasonably expect their families, carers and associatred pressure groups to exert pressure on you as a service provider or employer. As there is no standard upper limit where an organisation is in breach of the Act, it is worth considering the level of finanical risk you advise your organisation to undertake, in view of the predictably high probability of litigation unless your managers locally can readily demonstrate how they are making 'reasonable adjustment' for access in respect of each of the categories of risk outlined. While BS8300 can help you to plan reasonable adjustments, an ergonomic assessment of the intellectual as well as physical access may be a more fruitful approach: it is also likely to present options for improving access to all customers and not simply to disabled people and their families, which may be a case that management may more readily take on board
Admin  
#8 Posted : 20 April 2004 13:27:00(UTC)
Rank: Guest
Admin

Posted By Richard I'm afraid it's not just a matter of sitting back and doing nothing because you're in a listed building. You have to show that you have made "reasonable provision", a bit like our own beloved "reasonably practicable"! I don't know what sort of financial services you provide, but it may be possible for you to offer your service in clients' homes using a laptop, or to rent temporary office space from a neighbouring business. Whatever, you're going to make some effort. To give you some practical examples from my own experience - Local shop staff made twelve trips up and down stairs to bring items for viewing. We were then allowed, on payment of the necessary deposit, to take three garments, the maximum able bodied persons were allowed to take into the shop's own changing rooms, home to try on; A takeaway brought their menu out to the car, took the order, brought the food out, took the money and brought us change; When we had an appointment at our bank's new two storey premises we were asked to wait twenty minutes while a staff member finished her business with an existing customer, then vacated her ground floor office to allow our adviser to use it for us When we visit our (NHS) dentist we are asked to go late on a Thursday afternoon so that our dentist can use a ground floor surgery normally only used by a partner exclusively in private practice. Other shops, unable to alter the steps leading into their premises, keep a ramp available which is put in place whenever disabled customers need access. You'd be surprised what can be achieved if you set your mind to it. Do what we would do if we had an unfamiliar H&S problem – ask an expert, not just on this forum but in your local area. On the other hand, there will sometimes be genuine circumstances when you are unable to make the necessary provisions. Some years ago we had a client who wished to join evening classes in woodwork. Despite being officially registered 100% visually impaired, it was obvious from his work, and the presence of a full set of digits, that he knew his way around lathes, saws and planers. Our insurance company, and the lecturer's trade union (never forget your trade unions – they really do have lot of knowledge on a wide range of subjects) were happy to go along with whatever HSE guidelines were given. Although not strictly within HSE's remit, as usual they went out of their way to help, but the bottom line was that they only wanted to see one to one teaching. They rightly pointed out that while the client could operate perfectly safely in his own workshop, he knew every nail and knothole in the place; the same could not be said for a workshop with unfamiliar industrial machines and a dozen inexperienced people about. The one to one requirement mad the whole project too expensive and we reluctantly had to refuse the client, which he accepted once the circumstances were explained. Don't forget also those who have an impairment other than mobility. Do you have a hearing loop or can any of your staff sign? Do your emergency and welfare signs carry Braille translations? If you have someone who needs to inject (e.g. a diabetic) are there private facilities available? The toilet would not normally be regarded as adequate for this purpose. Like Health & Safety, you should have a policy, and a nominated member of staff to deal with disability issues. This matter will have to be addressed sooner rather than later, and it has been estimated that four fifths of businesses will not be ready when the full DDA provisions come into force in less that six months time. I'm afraid it is unlikely that you will find the disabled allowing any period of grace. I know at least one shop where they have been so rude to disabled people, , on so many occasions ("You can't come in here; there's no room in here for people like you"), that they will be queuing up on October 1st to check that "reasonable provision" has been made! Richard
Admin  
#9 Posted : 20 April 2004 19:55:00(UTC)
Rank: Guest
Admin

Posted By Steve Cartwright Thanks for all the responses. You have all been very helpfull. Steve Cartwright
Admin  
#10 Posted : 21 April 2004 09:54:00(UTC)
Rank: Guest
Admin

Posted By Ken Taylor In addition to a number of publications from the Disability Rights Commission and the former DfEE, English Heritage have a short publication 'Easy Access to Historic Properties' which sets out a few principles which may be of assistance with regard to your listed buildings. Beyond that, discussion with your local Planners and 'Accessibility Officer' should establish what you can and can't do. Records of their decisions would, of course, be useful in the event of subsequent challenge.
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.