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Mark McGahern
Member - 3 posts
We occupy three floors of a London office building, approximately 7,000 sqft per floor, with approximately 190 staff. Each floor currently has a disabled toilet. The building is serviced by two wheelchair compliant lifts. The disabled toilets are very rarely used (although we do have 2 members of staff with physical disabilities). Would we be in danger of not complying with the DDA if we were to sacrifice one of the disabled toilets for a shower? (a facility that really would get heavily used)
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Jim Taylor - MPH Accessible Environments
Online advisor - 19 posts
Compliance under the DDA is determined by the reasonableness of the circumstances in each case.
Factors to consider in determining the reasonableness of the proposal include
Nature of business
Likely visitors to the building
The standard of the existing accessible WC provision
Location of the WC?s in relation to the entrance
Travel distances from workstations to the WC, Approved Doc gives 40m max
Access needs of existing employees.
Accessibility of any shower should be considered. The Employment Service - Access to work Scheme may provide support to meet existing (or new) disabled employees needs.
Building Regulations Approved Document M suggests that accessible toilets be provided at each location where male and female toilets are provided.
An access statement would be required to support any Building Regs application where the existing provision is reduced or new works (shower) does not meet the guidance in Approved Document M. A record of the decisions made and rational for these should be kept as this would assist in the development of the access statement (www.drc-gb.org for further guidance).
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Anonymous
I am concerned that the advice given doesn't take enough notice of the requirement under Building Regulations, 2000, Part II, not just for Part M. This states that for material alterations, under which this request is likely to qualify, building work "is no more unsatisfactory in relation to that requirement than before the work was carried out" (4.(2)). Removal of an accessible toilet is likely to be considered, certainly by an access group such as ours and Building Control officers, as making provision worse for those people requiring an accessible toilet on the floor which no longer had one.
It may be that a "reasonable adjustment" for all, would be to extend one of the toilets to incorporate a shower, although as this should also be accessible, it would require a small increase in space and as advised, an access statement.
The Disability Discrimination Act as applied to employment, requires that each individual has their specific requirements met. Taking away accessible facilities may be a reason for a staff member taking action under the DDA. Reducing the facilities may also be a problem if a disabled person applies for work at a later time, and is not able to access part of the building. They may have a claim under the recruitment and selection provisions of the DDA.
These facilities may sometimes be required by visitors also at some time in the future and ensures that the building maintains its value for the future!
Of course an existing member of staff may become a disabled person in the future also, (or have a temporary impairment) and would then be sorry the facility wasn't there any more!
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Anonymous
Have you looked at whether you can add an (accessible) shower in the existing accessible WC? This can sometimes overlap with the activity zone associated with the shower, provided the falls in the floor do not create a problem for wheelchairs. Also be sure to include a shower curtain - it is not acceptable that disabled people should have to use a wet WC seat!
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Meryl Ball
Member - 1 post
Hi there.....
We are a small spiritual church. We are housed in what was a terraced house...
Our query is this, We have a bathroom upstairs in the building but only entry is up the stairs, we are wondering if we have to provide a downstairs toilet facility? while we want to aid all situations we are very low on funds and dont want to be in breach of any regulations.
Please can you advise asap...
Many thanks.
Meryl
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James Fairchild
Member - 292 posts
My grandmother has a bathroom with a flat floor, with a drain hole (if that makes sense) such that the accessible shower is on the same level as everything else with no step up or step down. Maybe that sort of arrangement could work in this particular case?
Question re showers - is it acceptable to provide a unisex shower, or must there be seperate male and female ones?
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Anne McAllister
Member - 151 posts
Hi James,
Regarding provision of showers in a workplace...........
Welfare facilities
Toilets, wash-hand basins, shower and washing facilities
You must provide:
clean well-ventilated toilets (separate for men and women unless each convenience has its own lockable door);
wash basins with hot and cold (or warm) running water;
showers for dirty work which may result in contamination of the skin;
soap and towels (or a hand drier).
http://www.hse.gov.uk/business/welfare.htm
What toilet and washing facilities do I need to provide?
You have to provide adequate toilet and washing facilities for your employees. ‘Adequate’ means you have to provide:
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enough toilets and washbasins for those expected to use them _ people should not have to queue for long periods to go to the toilet;
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where possible, separate facilities for men and women _ failing that, rooms with lockable doors;
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clean facilities _ to help achieve this walls and floors should preferably be tiled (or covered in suitable waterproof material) to make them easier to clean;
■
a supply of toilet paper and, for female employees, a means of disposing of sanitary dressings;
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facilities that are well lit and ventilated;
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facilities with hot and cold running water;
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enough soap or other washing agents;
■
a basin large enough to wash hands and forearms if necessary;
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a means for drying hands, eg paper towels or a hot air dryer;
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showers where necessary, eg for particularly dirty work.
You must always consider the needs of those with disabilities.
http://www.hse.gov.uk/pubns/indg293.pdf
Im afraid I dont see anything specific to showers so Im thinking as long as there is a lockable door unisex is ok but this would probably depend on the number of employees using the facilities.
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Jennifer Chapman
Member - 19 posts
Another question - does the term 'well-ventilated' mean that one should NOT need to stand on the loo seat in the ladies' in order to open (or close) the window to provide ventilation? We have that situation and at times one cannot use the room! One can hardly blame the perpetrators for not wishing to climb onto the pan - I am 5ft 4in, some of my colleagues are taller and maybe they can reach - but on the other hand many are the same or shorter - and I have to do that!
I have requested several times that either bars should be fitted to the windows so it doesn't matter 'overly' should they be left open whilst the building is unoccupied, or alternatively an extractor fan should be fitted - both suggestions met with a complete brick wall. There is another loo on a different floor with an extractor but unfortunately it doesn't flush properly and if you put so much as a single sheet on loo roll in the bowl, it takes at least 3 flushes to get rid of it. I find this also completely unacceptable especially as it's the only disabled loo we have in the building. All suggestions/complaints are met - frankly - with derision.
Ours is a rented building where we have been for approx. 12 years - is this the landlord's responsibility or ours? I feel it is likely to be his responsibility and should not therefore cost "us" a brass farthing - so what can be the problem?
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