Disability Discrimination: New Regulations Improve Building Access

The Disability Discrimination Act 1995 (DDA) has had a significant impact on the facilities management industry because of the standards it sets for the buildings in which disabled people work and in which they access goods, facilities and services. It is in the news again as a result of changes in the scope of the Act and as further provisions come into force. Access Consultant Niall Tarrell reports.

The provisions of the Act covering employment have been extended so that they now apply to all organisations that employ 15 or more people, rather than 20 or more as before. This has widened considerably the number of businesses affected. Those provisions that cover goods, facilities and services apply regardless of the size of the business, whether it is in the public, private or voluntary sectors and whether any charge is made.

S. III of the Act, covering the provision of goods, facilities and services, is about to come into force and will require action by 1 October 1999. From this date service providers should have revised all policies, practices and procedures, if these might make it impossible or unreasonably difficult for disabled people to use those services. They will also be expected to provide auxiliary aids or services if these will allow disabled people to make reasonable use of the services on offer.

Furthermore, by 2004 physical barriers that prevent disabled people from gaining access to goods, facilities or services will have to be removed or alternative ways of delivering them devised. This may seem some time away but considering the delays which may arise in planning and in making changes, now is the time to act.

Another factor affecting suppliers of goods and services - and employers - is the change in the identity of the statutory body charged with promoting the provisions of the Act. From April 2000 the Disability Rights Commission will take over from the National Disability Council. The setting up of this body, which has considerably more power and is permitted to support applicants, sends a clear signal to employers and to service providers that they must address the problems of their disabled staff, visitors and customers.

It is generally acknowledged that although the provisions of the Act are supported by Codes of Practice, Regulations and Guidance, and although these are often useful in deciding what needs to be done to avoid discriminating against disabled people, there is little hard description of the actions that facilities managers need to carry out to meet their responsibilities under the Act. These limitations cause many problems for those who have the task of ensuring that their clients' buildings are suitable for disabled staff, visitors and customers.

Access for Disabled People: Deadlines

S.III of the Disability Discrimination Act 1995 comes into force on 1 October 1999. Facilities providers should ensure that policies, practices and procedures are revised to ensure that disabled people can effectively use their goods, facilities or services without unreasonable difficulty.

Further changes under the Act relating to the removal of physical barriers come into force from 2004.

Provisions under Part M of the amended Building Regulations come into effect for new buildings built after 25 October 1999. Under the revised legislation, reasonable provision must be made for disabled people to gain access to and to use the building. Buildings regulations apply to new buildings and extensions, but not to refurbishment. Nevertheless, Part M does show contain useful information, such as recommended dimensions for cubicles, doors, ramps and lifts.

The effects on facilities management

Now that the impact of the Act has been widened, and that further provisions are about to come into force, those in facilities management are becoming increasingly aware of how exposed their position is. Usually, contracts with clients include the provision that they will provide facilities that comply with all the relevant legislation. It is therefore important that facilities management service providers understand the wider implications of the Act.

So, what is the best way for facilities managers to handle the problems that they face?

As we have seen, there are difficulties in trying to use the Act and its supporting documents as the major source to achieve compliance with the provisions of the Act. Many people look to Part M of the Building Regulations, which covers many of the physical requirements necessary to achieve access for disabled people. These were part of a recent government consultation; changes are due to come into force for new buildings with effect from 25 October 1999.

However, Part M is not considered adequate by most disabled people and as the Act aims to prevent discrimination towards these very people, there are drawbacks in using it to ensure that the building has good access for disabled people.

Best practice

Will attempting compliance with the provisions of the Act really achieve more than the basic minimum that is needed? Knowing what will comply is very difficult. It is as well to look to broader concepts of best practice.

The concept of best practice occurs in almost every area of modern life. It is a popular sounding position but often very difficult to achieve. It is also thought to be synonymous with the most expensive solutions but this does not have to be the case. A true understanding of the access needs of disabled people and attention to the details that make all the difference will give good access, without necessarily using the most costly methods.

Best practice is also an ongoing system, encouraging the integration of disabled people. Once the requirements of disabled access are built in they will play an equal and effective part, with all the other elements of good design, of providing effective facilities. Also, as government requirements change but the needs of disabled people do not, following best practice routes would help to ensure that any access solutions adopted are future- proof.

Key elements to consider

- External works: paving, barrier rails, ramps, steps, parking and external lights.

- Entrance/reception: automatic doors, access controls, audible signs.

- Circulation zones: horizontal and vertical, corridors, lifts, doors, level changes.

- Facilities: toilets, showers, dining rooms and cafeterias, 'phone booths, meeting rooms.

- Illumination: special lighting needs, VDUs, contrast socket outlets, glare reduction.

- Signs: Braille and touch signs, text contrast, talking signs, sound beacons.

Avoiding problems

For many facilities managers this will mean calling on the services of professional disability advisers. As in providing other services, it is prudent to use specialists who can ensure that work carried out is of the standard required. There is currently a tendency amongst many organisations to manage any perceived problem 'in house', but access for disabled people is very complex and considerable experience is essential to get it right and avoid wasteful expenditure.

The starting point is usually a comprehensive access audit. This will not only report on the current level of access but will give detailed, prioritised and costed recommended alterations necessary to achieve a good standard of access. This can then be used as an action plan for businesses to decide what to do and when. When choosing the specialists who will carry out the audit it is important to look at their previous clients. Ask for references from some of those clients. Also, ensure that the specialists will be available to advise the people who carry out any work and check the quality of that work.

Alternatively, if there are a large number of properties that need surveying it may be better to use advisors to train the property management staff to carry out their own internal disability access audits. These can be tailored to the specific needs of each business, thereby reducing the time needed for each audit, and concentrating on the main areas of activity of each business.

Once the current situation has been assessed then it is possible to make decisions about the necessary actions. Many of the changes are simple and not usually expensive. Items such as extra handrails on stairs, contrasting colours on door frames and handles or an induction loop at the reception counter are easily done.

Other problems may be more substantial. Where there is a disabled member of staff, whose special needs can be discussed, corrective action tailored to their specific requirements can be considered. It is not always necessary for major construction work, sometimes the work can be moved to a more accessible location, say the ground floor in an office building.

Where it is felt that an overall improvement in the accessibility of the building is required then changes in the building should be tied into regular refurbishment and maintenance work wherever possible. It will be necessary to consult with specialists and disabled groups to ensure that the work carried out has the greatest effect on the largest number of disabled people.

Perspective

It is common for people to focus only on the needs of the more obvious disabled people, such as wheelchair users or blind people. In reality, these form only a small proportion of the disabled population. It is vital to assess the building from the viewpoint of a wide range of disabled peoples' needs.

As most companies need 2 to 3 years planning, now is the time to pursue the necessary guidance on best practice. It is not an easy subject but with good consultation and advice it is usually possible to achieve a substantial improvement in the level of access for disabled customers, visitors and staff.
This document is for general guidance and research purposes only, and does not purport to give professional advice. Please check the date at the top of the article; the Workplace Law Network retains historic articles for general research.