Office Lift Requirements

Alan

Now James has clarified it is a a different ball game, the lifts are broken and as it is an exsisting installation it is reasonable to repair and maintain.
Would it be reasonable to install lifts where none exist if the cost leads to the companys collapse.
I am not arguing but I now have had two differing views from lawyers and am confused.

Regards

Barry

Would it not be easier to not house less abled bodied persons on floors above ground floor level or am i missing the point? You not spend a million pounds installing a lift you would simply find alternative accomodation for the persons in question? ... or is that too simple?

Barry, right tree, need to be sure which branch though. The law changed in October 2004. Smith v Churchill’s Stairlifts dealt with the test of s4A(1) and remarked in judgment "such steps as it is reasonable, in all the circumstances of the case...' This secured the test as being objective under s4A(1) which includes (c) the financial and other costs which could be incurred thee employer in taking the step... One key note in obiter is that the words were clarified such steps as it is reasonable... for him to HAVE to take. Section 18B(1) provides a list of useful considerations in determining reasonable adjustments and the considerations as to what is objectively reasonable. In British Gas and McGaull the EAT ruled that even if the employer argued later that the step was not reasonable, it did not matter that the employer did not look at it at the time. Kenny and Hampshire Constabulary ruled that the duty relates to work related duties only. You must consider also whether the adjustment would have made any difference. A building which has lifts which are not working for a period of time is highly likely to bring an employer into breach of their duty and they must bring legal action to get the lifts sorted out. The landlord shares legal duties with you (although they are to be found elsewhere) and s/he is exposed to severe financial penalties for not repairing the lifts if this is the only means of ingress egress for a disabled person. Your friendly lawyer.

Apologies for not making myself clear.
The building concerned has 14 floors and is serviced vertically by three lifts. Unfortunately all three lifts are broken with the landlord as yet to advise a fix date. The lifts are old and have proved problematic for a number of years and it may well be that they have serviced the building beyond the expectated date. For a number of weeks now staff have had to use the stairs to access all floors from 1 to 14. Staff with mobility related disabilities and those with known hear conditions have been allowed to work from home but other staff are now complaining of stiff muscles, pulled muscles and various resparitary related conditions. Is it reasonable to expect staff to access the upper floors by the stairs for an indefinate period? Problems with manual handling of supplies are also being raised.

Hello

There is only a requirement to make reasonable adjustments to the building, would it be reasonable to spend a million pounds if you had to close a department to fund it.
This is still a grey area and needs a huge amount of thought.

I missed you all over xmas

Barry

James L. There is no legal requirement to install lifts to a multi storey car park, but you must remember that access and egress to the levels must take into account able bodied and disabled bodied people.

This is a legal requirement in respect of any modification or imrpovement made to the property and you have a duty to includee this in the design of the building.

Surely there's no requirement to retrospectively install lifts into an existing building? What about grade 2 listed buildings, for a start?

Not my area, so hopefully others can give you something more meaningful.

Whilst LOER informs us of the maintenance of lifts, can anyone throw any light on whether or not there are any regulation advising of the requirement to install passenger car lifts in multi story office blocks. I understand building regulation advise this as a means of vertical circulation with stairs as an alternative means.