Disability Discrimination ActInformation Note No: 1/01 August 2001 This note is to provide advance notice and information about the issue of Revision 2, Edition 3 of the Estate Services Guide (ESG). The ESG is currently being amended and adapted to take account of the variations required to update the Northern Ireland Version. The latest revision included information and guidance on The Disability Act 1995 (DDA). The final phase of this Act will come into effect from 2004. By this date steps must have been taken to make reasonal adjustments to the physical features of work premises to overcome physical barriers to access. The DDA is binding in Government Departments. CAU has recently provided advice to the Equality Unit of the Office of the First Minister and Deputy First Minister (OFMDFM) concerning Part III of the DDA. Part III covers the Access to Goods, Facilities, Services and Premises. The OFMDFM is co-ordinating the Northern Ireland Executive response to the recommendations of the Disability Rights Task Force. The NI Executive is proposing to extend to the DDA so that it covers most functions of Public Authorities. In light of the above, the guidance on the DDA is being issued to Property Centres now in advance of the full ESG Revision. The relevant information is set out in the attached document entitled The Disability Discrimination Act 1995. THE DISABILITY DISCRIMINATION ACT 1995 BACKGROUND The Disability Discrimination Act 1995 (DDA) has made it compulsory for employers and service providers to take reasonable steps not to discriminate against disabled people. The final phase of the Act will come into force from 2004, at which time steps must have been taken to make reasonable adjustments to the physical features of work premises to overcome physical barriers to access. Disability is widely defined as any mental or physical impairment that is substantial, long term (effectively likely to last more than 12 months) and adversely affects a person's ability to carry out their normal daily activities. This can include difficulties with mobility, sight, hearing, breathing or a number of other problems. Discrimination occurs where someone is treated less favourably than someone else as a result of his or her disability. All employers are subject to the Act except those with fewer than 15 employees. The duty to make reasonable adjustments currently involves:
What is meant by 'reasonable'? This will depend on the type of services being provided, the nature of the service provider and its size and resources and the effect of the disability on the individual disabled person. The following are just a few of the factors that should be taken into account when considering the meaning of reasonable:
From 2004 there will also be a duty in relation to physical features that will require a service provider to take any action to remove or alter a physical feature of its premises or to provide a reasonable means of avoiding the physical feature. Implications for work space - broad principles. 1. Building approach and entrance Consideration needs to be given as to whether the approach to a building is level and free from steps. If this is not the case investigations will need to be undertaken to see whether a ramp or wheelchair lift can be used to overcome the need for steps. The entrance should also be suitable for gaining easy access. Automatic sliding doors give the best solution but side hung doors can be used if they are of sufficient width and can be opened readily. Automatic side hung doors might be suitable in appropriate situations. Small diameter revolving doors will not be suitable. 2. Internal layout The general layout of the building should be logical and as free from obstruction as the structure of the building will allow. Ideally horizontal circulation through the building should be free from steps but any changes in level should be dealt with by way of a ramp or lift. Vertical circulation should be planned as far as possible so that there are alternatives such as stairs with adjacent lifts. In smaller and older buildings size of lifts may not be suitable for wheelchair access. Within buildings, consideration needs to be given to the positioning of controls for lighting, window and heating/ventilation operation and fire alarm break glass units, such that they can be reached by wheelchair users. Excessive force should not be needed to operate door and window furniture. 3. Lighting Lighting levels and the nature of finishes and furnishings can have a significant effect on disabled people. Lighting and finishes need to be co-ordinated to avoid uneven lighting levels, lighting levels that are too low and surface finishes which are not contrasting and therefore difficult for a person with sight impairment to distinguish. 4. Signing The requirements for signing will depend on the layout of the building. However, signage will still be required for such things as position of staircases, toilets, lift lobbies and receptions etc. The general principle is that signs should be simple, have clear and meaningful information and should be highly visible. Depending on the type of sign it may need to include Braille. 5. Finishes Floor and floor coverings can be a potential barrier and a source of information. Deep piled carpets may give a feeling of luxury but are very difficult to cross in a wheelchair. Highly reflective surfaces can give a feeling of slipperiness and disorientation. Floor coverings can also provide information if used with a change of texture, eg in some stores hallways are tiled and sales areas are carpeted. Tactile surfaces and contrasting colours can be useful in buildings to locate staircases, lifts and doors etc. There are no hard and fast rules set down regarding the use of finishes, but guidance is available in various publications. 6. Transport and street environment Where there are car parks and pavements attached to buildings, control may well fall within the building demise. Consideration will therefore need to be given to negotiation of the car park and pavements from the parking area to the entrance to the building. Ideally disabled parking spaces should be provided close to the entrance. Paths should have dropped kerbs and use of tactile surfaces to indicate crossing points, edge of pavements and routes should be considered. 7. Separatism The main point of the Disability Discrimination Act is to avoid treating disabled people differently from able-bodied people. For instance it may be unlawful to have a main entrance to a building and then expect wheelchair bound people to use a separate access which is not normally used as a main entrance eg such as a goods entrance. 8. Compliance In procuring new property for occupation it will be necessary to take into account the above matters in choosing appropriate accommodation. The most important aspects are the accessibility of the building and once inside the horizontal and vertical circulation. Finishes and signage can be changed and improved at less expense than actual physical barriers to access. In existing occupied buildings it will be necessary to consider the alterations that will be required by October 2004. In some buildings, particularly older and listed buildings, compliance with the requirements of the DDA may be extremely expensive or prohibited by other legislation eg town planning. There are no definitive answers as to which will take precedence, planning or DDA. In existing buildings work to overcome physical barriers and to change finishes etc should be considered at an early stage so that they can be incorporated into any refurbishment or maintenance works. However, due to the relatively young age of the Act and the lack of official guidance to date it is difficult to determine exactly what works might be required. Guidance is due out in the form of new Codes of Practice (at the time of writing draft documents have been issued for consultation purposes). It is likely that these will set out levels of reasonableness and practical suggestions for achieving compliance. Large organisations will be expected to do more to comply with the regulations than smaller ones. It is not clear from the current Act, Regulations and Codes of Practice whether it is necessary to carry out alterations if there are no disabled people employed within the properties. It may be sufficient for the time being to develop action plans for dealing with alterations and improvements should the need arise to implement them. However, where significant refurbishment or alteration works are to be carried out for other purposes, the opportunity to carry out works to comply with DDA should be included wherever possible. Useful sources of information can be found by accessing The Centre for Accessible Environments' website http://www.cae.org.uk/, the Disability Rights Commission's website www.drc-gb.org/drc/ and the Equality Commission for Northern Ireland website http://www.equalityni.org/ What should you do? 1. Undertake reviews of existing property to identify areas within property, which are likely to require alteration or the provision of further facilities. From this an implementation plan should be prepared. 2. In respect of new buildings acquisition surveys should be required to include access audits to identify whether the buildings will satisfy the requirements of DDA. |
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