Disability Issues

When I made my comment, the deleted post from the same day was still visible!
I do wish WLN would delete or archive old threads or at least close them to comments...

There seems to be a few old threads appearing with entries saying that posts have been removed. This is since the change in the website. One or two people have been caught out by making comments and not noticing the dates so the threads have continued!!

I also don't like the fact that the latest post is at the top of the page but the comment box at the bottom! I wonder whose brilliant idea that was?

Did you notice that the last comment was made in August 2007?

Just a quick (and perhaps pedantic) point.
Where employees are concerned, the legislation is no longer DDA- it is the Equality Act 2010.

This post has been removed because it contravened our guidelines.

R.e. message from Andy Begg

I have written and tendered for many access audit contracts in the past and would be happy to advise you on what you need to include in your tender. Please give me a ring if you are still looking for help.

Andrew Lord
01865 882128

No-one has mentioned Access to Work in connection with disabled employees. Most parts of the country have a disability information and advice telephone service affiliated to Dial UK (phone number in all Yellow Pages). They will signpost you to your nearest source of help and advice. Most are managed and staffed either totally or with a majority of disabled people, so you will not opnly get good advice, you will often be given the most innovative and cheapest solutions.
Sheila
Directions Plus
Cambridgeshire

This post has been removed because it contravened our guidelines.

we need to carry out DDA Assessments on all our buildings and workshops. In order to do this we have to go out to tender, does anyone have a specification they could forward??? Or know of somewhere where we could get hold of one?

thanks

Question: Do I need to physically alter teapoints to be wheel chair accessible and in effect as per AD M post 1.05.04 diagram 16 compliant, for those installations already in place before 1st May 2004?

A single wheel chair user has now been identified but was not identified at the time of the works.

The works to entrances, lift, toilets, showers, vending areas and tea points within existing buildings did not need to comply with Part M of the building regulations - not being new, material or change of use, but would have complied at the time, early 2004.

This post has been removed because it contravened our guidelines.

We occupy a building which has doors to narrow to allow easy access for disabled visitors. The construction of our units makes it impossible to widen these doors. At present we do not employ any disabled staff. If we were in the future then we?d have to think of relocating. My question is regarding visitors...Would we be within the law to arrange to meet visitors, clients etc off site, either at their own place of work or a suitable location near to our offices. If so, could you give me some guidance on how to word a question for all our staff to use over the telephone in relation to asking a person, without causing offence, if they have any issues relating to access to our building with a clear opening of only 750mm.

I see your problem as contractual, but the issue happens to relate to DDA.

To establish the obligations you should check the terms of your lease and also what is covered by the service charges. The lease etc. will define the terms. The terms stand regardless of whether these are actually carried out by the landlord or the agent.

Although the contract is unlikely to specify how quickly items should be repaired, the length of time is certinaly not 'reasonable'.

At times it seems difficult to obtain action - maybe a strongly worded letter (detailing the background and required action) stating that you will refer the matter to your legal department/solictors if the matter is not resolved within a specified time.

Can I invite comments on the issue below, please?

There is a situation here in this multi-tenanted building whereby the car park lifts have been out of commission for some six months. This has now been further complicated by the change in managing agent and new Landlord. Since their occupation in June this year they have not done anything to resolve the lift problem. They have muted that they are tendering but this was already undertaken by the previous managing agent. The car park itself has 7 levels and access to the offices is only by stairs at the moment. This of course is not ideal for any disabled visitors etc. I cannot see these lifts being operational before 1st October. Can someone please advise me what the obligations are of the new Landlord/managing agent ?

This post has been removed because it contravened our guidelines.

With regard to the Head Leaseholder there are many issues. Who is responsible for adjustments in the building? Check out the lease as some put the onus on the owner, the head leaseholder or all tenants alike.

You may not employ a disabled person but you may have disabled visitors as may the tenants. You must offer them access to goods, facilities and services (DDA95 Part III) so you'll need to have the necessary adjustments for them. In this regard you may offer a meeting room on the ground floor, for example, but will have to consider whether this will be reasonable and agreed by the tenants. Don't forget that this isn't just installing a lift but dealing with all issues that will overcome the individual impairments listed under the DDA95 Part I.

And remember, if you do have agreement on a ground floor meeting room will there be suitable accessible toilets? Will the door be wide enough? Is there adequate lighting, colour and tonal contrast, a hearing system etc etc?

Finally it is worth noting that this is a one-time exercise, it does have to be for the benefit of all, it will be good for business, it doesn't have to be undertaken if you can prove it would be practicably unreasonable.

With regard to a lift I would suggest that if the relevant job entailed working at different levels and that it couldn't be carried out completely on the gound floor then a lift would need to be installed. Bear in mind that it isn't adequate for a person to be isolated from others in the same department (so the whole department must be moved to the ground floor) and there may be other facilities on upper floors that were integral to the job such as restrooms etc. A full passenger lift may not be needed as there are suitable wheelchair lifts at reasionable costs. Equally important is emergency egress.It just isn't good enough to enstall a lift: a full personal evacuation plan (pep) must be written for the disabled person ensuring them safe evacuation to a place of safety (away from the building). The pep should be discussed and agreed with the disabled person and if any staff are necessary to help such as with an Evac-chair then they must be fully trained and their job specification modified to include this. There should be sufficient staff to cover holidyas, meal breaks etc. It may be the case that the disabled person is quite capable of sliding down the stairs on their backside! Check it out.

The main considerations that the most capable person for the job is appointed and that their special needs are met to suit all parties. There may be government funding to carry out adaptations.

We are the head leaseholder in a multi tenated office building. It is unlikely that we would be employing a person with a disability, but our tenants may well recruit someone.

Are we obliged to carry out any alterations at our cost if they employ someone with a diability, or would the employer be liable?

Under Part III of the DDA if a service provider can offer or provide its services to a person with a disability e.g by setting up an accessible meeting room on the ground floor then this would be seen as a reasonable step taken by the company/firm to making their services accessible for the disabled user. However, in terms of Part II of the Act, by eliminating an employee from the rest of the building (to which all other employees without a disability can access) could be viewed as discriminatory.

Is there any further guidance available on whether an employer is required to install a lift to afford access to a number of floor levels?