Getting their Act together
In the world of rules, ramps and ‘reasonable adjustments’, time is running out for companies to comply with the final stage of the Disability Discrimination Act
Julian Richer, owner of world-record-breaking audio outlet Richer Sounds, was so keen to remove barriers between his customers and his products that he threw away the front doors from his shops.
Sound thinking from the audio man. But, imagine a sector of society that’s about 8.6 million strong, whose spending power is around £50 billion, and who form a good percentage of our workforce to boot. You’d want to remove all the barriers you could for them, wouldn’t you?
It’s obvious, really, isn’t it? But, when it comes to the disabled, some of the UK’s service providers – who could be banks and building societies, local councils, shops, leisure centres, cinemas, pubs, or anyone else who provides a service – haven’t quite got it right yet over matters of access, toilet accommodation and providing lifts.
reasonable adjustments
Fortunately, there’s a piece of legislation whose final stage will help service providers remove these barriers. This could mean making ‘reasonable adjustments’ to the physical features of their premises. This will mean removing the feature, altering it so it no longer causes a problem, or providing a reasonable means of avoiding it. It could also mean providing ‘a reasonable alternative method’ of making their service available.
The Disability Discrimination Act (DDA) is not a new piece of legislation. In fact, it’s been with us for nearly eight years now. Since December 1996, it’s been illegal for service providers to treat people with disabilities less favourably than anyone else. And, since 1999, service providers have had to make 'reasonable adjustments', such as providing extra help or making changes to the way they provide services.
heavy policing
From 1 October, though, employers and service providers will really need to get their Act together. By that date, they will have had to make ‘reasonable adjustments’ to the physical features of their premises to overcome physical barriers to access. It’s a piece of legislation that is set to be heavily policed by the Disability Rights Commission. For service providers with buildings that don’t comply, time is indeed running out.
For those who aren’t classed as service providers, but employ 15 or more people, discrimination against disabled people in terms of recruitment and employment conditions will be illegal.
And, just in case anyone was in any doubt, the Disability Rights Commission defines disability as a long-term mental or physical impairment that has a substantial adverse effect on the ability to carry out normal day-to-day activities. Disability can include visual impairment, reading difficulties, facial disfigurement and incontinence.
broad sweep
But, what are ‘reasonable adjustments’? Will it mean knocking down walls and removing staircases? The definition of ‘reasonable adjustments’ is a fairly broad sweep, ranging from reallocating some of the work or part of the job to someone else, to using specially modified equipment. Inbetween are such measures as being flexible about hours or place of work, providing extra training, making instructions and manuals more accessible, and providing a reader or interpreter.
Some of the more important barriers to access for people with disabilities arise from the physical features of premises. It’s right here that the DDA meets the 1991 Building Regulations. Part M, to be precise - dealing with disabled people’s physical access to sites: ramps, toilets and physical hazards. It’s also right here that Portakabin has been able to help. The company has always championed the cause of disabled people and has worked closely with disabilities rights groups and Building Control departments to ensure that buildings comply with, and exceed, the demands of the current legislation.
workable solutions
John Fowler, Head of Building Control and Property Information at York City Council, got together with Portakabin to devise workable access solutions. He says: “The scope of this legislation – both Part M and the DDA – is huge. We’ve had to standardise on details and colours – doors and walls have to be in contrasting colours to floors; doors should be wide enough to take a wheelchair. It’s common sense, really, and there was nothing there previously.
“Unfortunately, I think a lot of service providers will get caught out, though. Portakabin are the exception rather than the rule. We haven’t had many approaches from companies about what they need to be doing. They seem to have buried their heads in the sand.
John believes that a hefty fine and some adverse publicity await some household-name companies, unless they take action very soon.
specialist discipline
“I believe organisations should take on a consultant, or they’ll be caught out big-style. It’s a specialist discipline and they need to know what to provide. The disabled lobby is a very powerful one ¬¬– and one that’s getting bigger all the time. Because of the access element, even a mother with a double-buggy counts as temporarily disabled.”
It’s a message that Portakabin has heeded for some time, with a team of consultants on the case from day one. Paul Blackwell is Portakabin’s Head of XXXXX. He says: “The implications are huge. None of Part M is mandatory, but the key is the degree of reasonableness on the part of the local authorities. In general, manufacturing just isn’t up to speed: warm-to-touch handrails and floorcoverings just aren’t available.
“At Portakabin, we’ve been proactive. All our products are being modified and will be ready well before 1 October.”
cost-effective alternatives
Portakabin offers a range of smart, modular ramps suitable for buildings of all sizes. They meet the requirements not only of the DDA and Part M, but also of SENDA (the Special Educational Needs and Disability Act) and BS8300, which deals with the design of buildings.
Portakabin’s ramps are a flexible, cost-effective alternative to the concrete or wooden versions and are fully adjustable and modular. They can be quickly and easily removed or reconfigured. For significant alterations that need staff to move out, Portakabin has complete buildings for hire for as long as they’re needed, complete with compliant access ramps. In fact, Portakabin is the only company providing modular access systems designed to DDA regulations combined with a comprehensive consultation and planning service.
Paul Blackwell concludes: “The key is to recognise best practice and to correctly identify access issues with an audit. A common-sense approach towards people’s access needs, combined with often relatively minor physical adjustments, can dramatically improve access.”
t: Nigel,
+44 (0)1772 435827
m: 07527 954394
e: nigel@mightier-than.com