DDA The Equality Act 2010 (Disability) & The Safety Professional Ian Streets NRAC Auditor About Access Ltd

Facts & Figures UK Population approx 60 million Approx 10.9 million are disabled* Working age: 5.1 million State Pension age: 5 million Children: 0.8 million 5.1 million men and 5.8 million women *Office for Disability Issues

17% of disabled people are born with disabilities 2% become disabled every year 8% of disabled people are wheelchair users 3:100 people in UK have a learning disability 2 million people in UK with sight loss 9 million people with hearing impairments 29% of adults with impairments have found buildings inaccessible Spending power as customers – around £80bn Papworth Trust report

Models of Disability Medical Model Social Model

Equality Act 2010 Replaces & consolidates previous discrimination legislation, including the DDA 95 & 2005 The protected characteristics are Disability Gender reassignment Pregnancy & maternity Race Religion or belief Sex and sexual orientation Age

Equality Act: Definition of Disabled MobilityManual dexterity Physical co-ordinationContinence Speech, hearing or eyesight Ability to lift, carry or otherwise move everyday objects Memory, or ability to concentrate, learn or understand Perception of the risk of physical danger Including MS, HIV infection & cancer at the point of diagnosis No medically recognised diagnosis is required

Disabled people What is the stereotypical picture of a disabled person? Wheelchair user, person with guide dog What about “hidden” impairments? Deaf/hearing impaired, heart condition, diabetic

Equality Act 2010 Employment: Make reasonable adjustment to suit the individual Duty: As far as is reasonable, a worker has access to everything that is involved in doing and keeping a job as a non-disabled worker When: As soon as you become aware or should reasonably be aware that a worker has a disability

Equality Act 2010 cont’d... Service providers Public Functions AssociationsAnticipatory duty Schools* Further & Higher Education * Not physical features for education purposes only Duty: Make reasonable adjustments so a disabled person can use a service as close as possible to the standard usually offered to a non-disabled person

Equality Act 2010 cont’d... Adjustments to What? To anything that puts a disabled person at a substantial disadvantage when compared to a non- disabled person

Equality Act 2010 cont’d... What is “anything”? Provision, criterion or practice – rules or ways of doing things – do not have to be written down Physical features that put a disabled person at a substantial disadvantage Providing extra aids and services – e.g. Induction loops, make home visits, providing assistance

Equality Act 2010 cont’d... So what is reasonable? This will depend upon: Type of service being offered Nature of the service provider/employer, size & resources The effect of the disability on the individual disabled person

Equality Act 2010 cont’d... So what is reasonable? cont’d... Factors to be taken into account: Would practical adjustments be effective Is it practical to take the steps Financial and other costs of making adjustment Extent of any disruption Providers financial and other resources Amount already spent on making adjustments Availability of financial or other assistance Ultimately only a court/tribunal can determine what is reasonable

Discrimination Discrimination or treating a disabled persons less favourably can take place providing it can be objectively justified, in other words it should be a proportionate means of achieving a legitimate aim.

Discrimination – Legitimate aim Legitimate aim is the running of your organisation in a lawful way e.g. Health or safety of an employee or customer(s) A proportionate means - this should be sufficient but not an excessive way to achieve the aim in question e.g. Aim - the safety of an individual or customer(s) A balance has to be made between the severity of discrimination v severity of the risk

Discrimination – Legitimate aim cont’d... Result should be a fair and sensible decision made on substance e.g. Risk assessment. Stereotypical views about what a person with a particular condition/impairment can or cannot do are not justifiable

So what should you do? Employment: focus on the individual – talk with them Public: Think about a wide range of people with disabilities, how they use the building -access audit All: Consider the facts All: Do not make assumptions – take advice if unsure Employment: get specific medical advice All: Seek advice if unsure

What goes in MUST come out Emergency evacuation PEEPS Auxiliary aids Refuge

Employment A fire fighter develops insulin dependant diabetes and wants to return to work. To show his diabetes is managed he performs key tasks alongside regular blood sugar testing to show that it is stable. He returns to work with reasonable adjustments:  Restrictions on emergency vehicles he can drive  Regular health checks at work  Provision of a fridge to store insulin

Building Sites Local Councillor wants to look around a new school PPE Assistance

An amusement park The park operator refuses to allow a person with muscular dystrophy onto a physically demanding high speed ride. Because of the customers disability, the disabled person uses walking sticks and cannot stand unaided. The ride requires users to brace themselves using their legs. The refusal is based on genuine concerns for the health and safety of the disabled person and other users of the ride.

Questions? Ian Streets About Access Ltd  