Comments by Jim Taylor

Jim Taylor - MPH Accessible Environments
Online advisor - 14 posts

Questions to consider are: Can the employee be easily relocated to avoid using the doors? Could you allocate the duty which requires navigation through the doors to another employee? If the answer is no and employee must use the doors then they may be covered by the DDA and therefore you have an obligation to make reasonable adjustments. Generally full height doors have floor mounted springs which are problematic to adjust when compared to overhead door closers & may fall foul of Fire regs even when forces are adjusted as low as possible or to comply with Building Regs ADM. You may have to consider power assistance – type will depend upon the force required at the leading edge to get the door started and the type of access control used. E.g. consider power-assisted opening so that the doors open automatically when the leading edge has moved say 5mm, unless the force to do this is excessive. Fully automated doors are an alternative, possibly linked to the control system. Have you considered emergency escape for this employee? If they use these doors to escape you may also need a Personal Emergency Escape Plan in place to cover eventualities.

Jim Taylor - MPH Accessible Environments
Online advisor - 14 posts

Landlord duties or controller of premises, is still a murky area, and there's whole host of issues that requires consideration, you may get more when this email appears. So, here goes with what I have at the moment...

Circumstance dependent, and it gets greyer in situations where the building is multi-tenanted. Also, the duty under the DDA will hinge on whether tenants in the building are providing services to the visiting public, or employing disabled staff.

The duties of landlords to make physical alterations under the DDA 1995 remain unclear. The draft Code of Practice Part 111 (2006) relating to provision of goods facilities and services, when talking explicitly about what might constitute provision of services to the public states
that:

" In most cases a provider of services to the public will be providing services to a disabled person in that person's individual or personal capacity.

However, sometimes a disabled person will be accessing services on behalf of an organisation (perhaps as an employee or representative of that organisation). For instance, as part of a business relationship between that organisation and the service provider, a disabled employee or representative of the organisation might have to visit areas of the service provider's premises where a section of the public is normally admitted. The service provider is likely to owe the disabled person duties under the Act during such visits.

The Act says that 'services' include 'access to and use of any place which members of the public are permitted to enter'. Thus, a person who permits 'members of the public' to enter such a place is providing a service to those people consisting of access to and use of that place.

The 2005 Act at Clause 13 imposes a duty to provide reasonable adjustments on landlords and others who manage rented premises. The letting of commercial and residential premises in the UK is covered.

Clause 13 inserts new sections, 24A to 24L into Part 3 of the DDA.
These make it unlawful for landlords and managers, in relation to premises they wish to let or that are let, to discriminate against a disabled tenant or prospective tenant by failing without justification to comply with a duty to provide a reasonable adjustment for the disabled person.

The provisions would also require a landlord or manager to take reasonable steps to provide an auxiliary aid or service where that would either, enable or facilitate a disabled person's enjoyment of the premises or use of any benefit or facility conferred with the letting; or (as the case may be) enable or make it easier for a disabled person to take a letting of the premises.

The duty would apply if, were the auxiliary aid or service not provided, it would be impossible or unreasonably difficult for a disabled person or occupier to enjoy the premises, to make use of any benefit or facility they were entitled to use or (as the case may be) to take a letting.

As with other Part 3 provisions, a victim of discrimination contrary to new sections 24A to 24L will be able to bring enforcement proceedings in a county or sheriff court under section 25 of the DDA.

Looking back, the DRC had this to say in April 2003: The Code of Practice states that, where members of the public have access to the common parts of their buildings, landlords of commercial premises are likely to have duties as service providers to make adjustments to these common areas. For the sake of clarity, our recommendation is that the Act itself should make clear the fact that landlords are responsible for these common areas.

It would appear that providing some form of power assistance or hold-open device might be seen as a 'reasonable' adjustment. However, the landlord may be able to recoup the cost of providing such via increased rent.

It might be worth considering some form of negotiation in terms of cost, between the company and the landlord, depending on length of lease etc.

It would be contrary to sections 22 to 24 of the DDA for a landlord/manager to single out for increase any one tenant's rent or service charge in order to pay for the cost of steps taken under the new provisions inserted by clause 13: see the amendments made to section 24 by paragraph 18 of Schedule 1 to the Bill. The landlord may make an "across the board" increase to all his tenants (including the disabled tenant) to cover costs.

Jim Taylor - MPH Accessible Environments
Online advisor - 14 posts

Well said. And as Boris Johnson once remarked (on Have I Got News For You) "I could not fail to disagree with you less". The use of archaic terminology should be wiped out.

Jim Taylor - MPH Accessible Environments
Online advisor - 14 posts

I have two issues with this:
1. How do the council officers expect to 'police' the 'rougher' establishments whereupon the clientele are 'suitably' served and are filmed, or worse still are requested to stub out?
2. Which stealth tax will the Chancellor use to claw back the revenue from falling tobacco sales?

Jim Taylor - MPH Accessible Environments
Online advisor - 14 posts

The duties of landlords in respect of common areas are dependent upon a number of factors including whether:
- the building has a single tenant or multiple tenants
- the premises is one ?which members of the public are permitted to enter?
- tenants who are service providers are actually providing services in the building rather than from the building
- those admitted to the building are there for the purposes of the occupier (such as employees or maintenance and service personnel) or whether they are there for purposes of their own (such as existing or potential clients or customers); and
- the nature and extent of the security and screening arrangements in place.

If members of the public are not permitted to enter the premises, the landlord is unlikely to be a service provider under the Act.

However responsibility may be defined by the specific terms of the tenants? agreement .

Whoever is responsible for the accessible WC needs to have policies in place to ensure that the toilet is available for use and that if the assistance call alarm is activated a timely response and appropriate action is taken.

Those responding should be appropriately trained e.g. to ensure that as much as possible the privacy of the user is maintained. There may be manual handling (if user has fallen to floor) and first aid issues if they are injured.

Please call if you need to discuss further 0191 469 8535

Jim Taylor - MPH Accessible Environments
Online advisor - 14 posts

I am trying to identify suitable training for our fire wardens, should I be looking for any particular accreditation for this traiing and typically what might I expect the training to include. Contacts for training would be useful would also be useful. Thanks

Jim Taylor - MPH Accessible Environments
Online advisor - 14 posts

The described work is a material alteration under the Building Regulations Ref 0.9 and those elements covered by the regulations that are altered/relocated would need to comply with the requirements in the Approved Document M 2004 (ADM) e.g. if the new wall had new sockets switches etc these should be put at an accessible height.
Any redecoration should conform to the requirements of the ADM e.g. contrasting of walls floor, ceilings doors, fixtures and fittings etc to assist identification. If existing fixtures and fitting are reused it would be reasonable to consider altering or modifying if practical to achieve the requirements of the ADM, where they are not being removed or replaced it is unlikely to be reasonable to alter them, cost may be a factor.
The requirements of the ADM do not only relate to access for wheelchair users but to a wide range of building users including vision impaired people and people with limited grip and manual dexterity.
Where the an element is covered by the ADM but the requirements are not met an access statement might be prepared to justify this position. See ADM para 0.2-0.8
The needs of any existing disabled staff should be considered assessment and financial support may be available from through the Access to work scheme administered by the Employment Service.
MPH can provide comprehensive access consultancy 0191 469 8535

Jim Taylor - MPH Accessible Environments
Online advisor - 14 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).

Jim Taylor - MPH Accessible Environments
Online advisor - 14 posts

The design requirements of ramps are not laid out in the DDA they are contained in parts M and K of the Building Regulations.

This is principally a Health and Safety Issue.

The Building Regulations and DDA do not require load testing of ramps however a ramp must be safe for the loading to which it is to be subjected and this is an issue of briefing, detailed technical specification and design.

Jim Taylor - MPH Accessible Environments
Online advisor - 14 posts

Carol

Manifestation should contrast visually with the background against which it is viewed. It should be evident from either side of the glass and may require a different approach from one side to another.

The colour/design depends upon the nature of the background and the lighting conditions.

Guidance on the use of colour and contrast is available @

www.lighthouse.org/color_contrast.htm

http://www.duluxtrade.co.uk/webapp/wcs/stores/DTBUK/Specifiers/Colour/Jsp/Colour.jsp?id=760&contentPage=./Colour_Contrast/colour_contrast.htm&currentPage=clr&root=Y

B Regulations requires manifestation at 2 heights 850-1000, 1400-1600 AFFL 150 high Logo or continuous bands at least 50 high and doors adjacent to or forming part of a glazed screen to be differentiated by high contrast bands to both sides and top.

The RNIB recommends min 150 high two-tone manifestations at 2 heights with top at 1050 and 1650 AFFL.

Tel 0191 469 8535 for further information.

Jim Taylor - MPH Accessible Environments
Online advisor - 14 posts

Reasonableness depends on the circumstances of the case and may vary according to

- type of services;

- nature of the service provider it?s size and resources;

- effect of the disability on the individual disabled person.

The C of P lists some factors might be taken into account in considering what is reasonable these include

- effectiveness of the adjustment

- how practicable it is for the service provider to make the adjustment

- financial and other costs of making the adjustment;

- disruption which taking the steps would cause;

- service provider?s financial and other resources;

- resources already spent on adjustments;

- availability of financial or other assistance.

Planned building works, age of lift, likely need for replacement and other benefits of larger lift e.g. movement of stock etc should also be considered.

A user of a scooter is likely to be disabled. General information on scooter hire schemes and safety is available at http://www.shopmobilityuk.org.uk

Jim Taylor - MPH Accessible Environments
Online advisor - 14 posts

We are not aware of any statutory or British standards for portable ramps. Info re vehicle ramps is available at www.ocba.sa.gov.au/productsafety/16_portable

However we would advise that where practical they should be in accordance with App Doc M in particular those provisions that relate to the safe use of ramp e.g. handrails slip resistance raised edges.

We cannot advise on workplace regs regards a weight limit for portable ramps. However we would suggest that policy & practice be adopted that ensures that staff are trained in safe lifting, handling & deployment procedures of any portable ramp in use.

Where a portable ramp exceeds the combinations of length & gradient or lacks the handrails detailed in Approved Doc M (2004), offering assistance is likely to be reasonable subject to the particular circumstances of the case e.g. operational considerations.

Potential H&S issues regards the deployed ramp should be addressed. E.g. trip hazards narrowing of steps etc. These may influence the selection of ramp duration of deployment & the need for supervision.

We have been unable to identify any case law regards use of temporary ramps.

www.homemods.org/library/ramp/

Jim Taylor - MPH Accessible Environments
Online advisor - 14 posts

Compliance with the DDA is a misleading phrase as the Act sets no standards it only requires reasonable steps to be taken to avoid discriminating against disabled people.

If the WC is for staff use only client only take reasonable steps to meet identified employee need. If non-staff use then you may need to take reasonable steps to avoid discrimination against users.

Where a feature of a building is covered by Approved Doc M of the Building Regulations, if that feature conforms or is deemed to conform to the requirements of the edition current at the time of approval or installation a 10-year ?exemption? applies to that specific feature.

Required effective clear opening width of doors (ECOW) depends upon direction and width of approach ECOW is between door frame and any protruding door handle pull bar etc on the face of the door. See building regulations www.odpm.gov.uk to view.

Employers should have policy practice and procedures that encourage disabled employees to identify themselves and their access needs. There may be financial and other support to meet staff needs through the access to work scheme run by the employment service.