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 : 27 July 2004 15:52:00(UTC)
Rank: Guest
Admin

Posted By Martin Taylor Can anybody please direct me to a definitive source that identifies if disabled toilets are required in our factory. I have looked at material on the disability discrimination act 1995 but can not be sure that we do or we don't. thanks to anybody who can clarify regards Martin Taylor
Admin  
#2 Posted : 27 July 2004 16:05:00(UTC)
Rank: Guest
Admin

Posted By Nick House Hi Martin The ACoP to regs 20 and 21 of the Workplace Regs states: "Special provision should be made if necessary for any worker with a disability to have access to facilities which are suitable for his or her use." It goes on to say that the facilities do not necessarily need to be in the workplace, but should (if possible) be within the building. Hope this helps. Regards Nick.
Admin  
#3 Posted : 27 July 2004 16:41:00(UTC)
Rank: Guest
Admin

Posted By Jez Corfield Martin It comes down to 'if necessary', do you need them? Do you have any disabled staff? Do you get disabled visitors, are you open to the public? Also how 'reasonable' would it be to make adjustments to fit a unit? If it was a cheap job of taking a partition down, and put a few new bits in at minimal cost then it could be argued as reasonable, if it needed £50,000 of building works then that is probably beyond resonable. An over simplification, but it comes back to your risk assessment..... Jez
Admin  
#4 Posted : 28 July 2004 11:02:00(UTC)
Rank: Guest
Admin

Posted By Ken Taylor To summarise; you need to do what's needed to meet the H&S Regulation and what's reasonable to meet the DDA. We have, in some cases, knocked two ordinary toilets into one to form a toilet for disabled persons.
Admin  
#5 Posted : 28 July 2004 12:27:00(UTC)
Rank: Guest
Admin

Posted By Sean Fraser Jez, Question - if it was determined on the basis of current and past history that no disabled person has been employed, and on the basis of that no arrangements were made to adapt or install new disabled facilities, then is there not a possibility that it might be used (or construed as means of) a justification not to employ disabled in future? Is this not a means of perpetuating discrimination, albeit with good facts to support the decision made? Just a thought!
Admin  
#6 Posted : 28 July 2004 12:39:00(UTC)
Rank: Guest
Admin

Posted By John Webster If you do not provide services/access to the public, and if you have no disabled employees then you do not need disabled toilets. However, when you recruit, the DDA requires that you select the best person for the job, irrespective of disability. Only then do you discuss the successful applicant's disability and determine what adjustments to the work and workplace are necessary to accommodate them. Only if the necessary adjustments are unreasonable can you then turn them down. BUT - you must be prepared to demonstrate unreasonableness to the Tribunal, eg the cost would have a serious detrimental effect on the profitability/future viability of the organisation or severely limit the services it is intended to deliver etc. So at least have plans ready for how you could provide for employees with various disabilities. With respect to toilets, in small workplaces with, say one male and one female loo next to each other, the solution is often just to knock them together to make one all purpose loo. To quash a common misconception, there is NO requirement for seperate male, female and disabled toilets provided they are for one person at a time and lockable from inside.
Admin  
#7 Posted : 28 July 2004 12:51:00(UTC)
Rank: Guest
Admin

Posted By Martin Taylor thanks everybody - a very useful debate with many valid points - hopefully sufficient to convince management of the sensibility of making moderate modifications to our current facilities regards MT
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.