DDA issues at work

[Englishgremlin1]

I am not a lawyer but have expereince with building and the DDA - in essence all new work has to be suitable for disabled use, the only exception is older buildings in which case "reasonable adaptions" have to be made.

With your old building problem you have a right and the employer a duty to provide access and facilities which both comply with DDa and Health and safety. The issue of the loos comes under both. the lift is a very important situation as it not only goes against both of these but also there is a fire safety issue.

With the new building they are in trouble - for insurance and health and safety they have to do an "Access audit" which cover all aspects of disabled access - ranging from wheelchairs to the visually impaired etc..This audit should be done by someone who knows the issues and includes elements like carpets, doors and the other "soft issues" as well as the building itself. failing to do this is a breach of Health and safety and not just just a piece of blind stupidity.

Also look to the fire Regulation - if a disabled person cannot escape the building and it it is a public place or place wher the public go they could close the place down.

Hope some of this is uesful.

[hannah]

Thanks Emma and EG.

I think that part of the problem is that facilities spoke to the people we have just bought the building off who said 'Yes, it is DDA compliant'. Therefore facilities seem to believe their role is complete and there is nothing else they should do and anything extra is them being nice and me being awkward.
(actually all the chair users I've spoken to can't stand the carpet in teh entrance hall because it gives a 'ploughed field' effect to the effort required, and all those who get assistance with it say that their assistants complain! - How is that DDA compliant??)

I will be on the ground floor so I can exit provided someone pushes me over the stupidly thick carpet. If necessary I can crawl or walk/fall in case of fire.

I decided to be constructive and sent an email to the chair of the 'disability forum' at work asking whether the forum could lobby for writen guidance/process to follow whenever a disabled employee will be involved in a move, so that facilities doesn't do this 'blanking out' 'not my problem' attitude again. I even offered to draft it. - and I'm speaking to the disability rep on Wednesday about some other stuff on Wednesday anyway so it may possible get mentioned ever so slightly then

[hannah]

Well, things are now feeling a lot better.
I wrote to the HR person and copied in my manager outlining how and why I feel I have been treated in an unnacceptable manner, feel bullied and do not wish to have any direct communication with certain persons.

And my team leader had told me he would have a word with the rest of the team about how best to help me while I wasn't there on Thursday. Which he did, and told me the outcome - basically they will be sending a letter of complaint about the whole matter to the assistant director (they have already told him informally), and a top level meeting has been scheduled for the big wigs to take appropriate action

The best thing is knowing that I have about 20 people who will offer absolute support, so any time certain persons do or say anything which I find offensive, bullying or otherwise innappropriate or unnecessary then it isn't just my problem to handle on my own, but I will get whatever help and support that I need.

And the assistant director 'had a little word' with me today, and sincerely appologised 'on behalf of the organisation' for how things had been done (even though his input has always been supportive) and agreed that it was 'indefensible'.

Funnily enough I no longer feel ignored! I now feel infinitely more confident that the final outcome will be suitable for me.

for all my team, the assistant director and director

[WinonaLemonade]

i know this isn't a work enviroment so there aren't the same rules but at school they have really heavy doors which i used to dislocate my shoulders opening, now i pull them from my elbow instead of my shoulder, and have to put my body weight on to open them because my arms can't push them. when i do pull them open it is usually only enough just to squeeze through. i can't be the only student with prblems with my arms so i don't get why they are allowed to install them. i supose some of them are fire doors but it's ridiculous

[Englishgremlin1]

Hannah this is a great outcome - I so pleased that after all the hassle they have had the good grace to say sorry. I hope that now you some respect.

WinonaLemonade - could be worth a word with someone to raie your issue - they may not realise or just need apush to sort it out.

[mindsquatter]

Yay for Hannah's fabby-do colleagues. to the nasty ones

Winona - I'm not too sure where schools are in terms of the DDA at the minute, I know it used to be that they only had to make reasonable adjustments when/if they had someone with access issues. They might have caught up to business now in that the buildings have to be accessible regardless. As EG said, do mention it to your tutor/ head of year or SENCO - unfortunately most school staff have no training as to what 'accessible' is, so might just need a prod.

Michelle

[pink]

Work have been really good with me. I've got a foot rest, and mousemat and keyboard wrist support, a back support for my normal chair as well as giving me a permit that allows me to park in the disabled / visitors overflow bay even though I'm not registered disabled and have been refused DLA and not think qualify ,blue badge. However, my lower back problem is still really bad and seems to be worse when I'm at work. My physio said that I should be entitled to a 'special' chair and my fiance keeps asking me to ask for one. I'm just worried about how to broach the subject as its been 3 months since my back problems have got worse and have 'coped' (I use that word cautiously) with just a normal chair and one of those back supports that goes arounf the back of your chair with elastic and I'm aware that everyone within the company has a big thing of cost cutting at the moment. Any suggestions?

[Rosie]

Hi Pink

How about contacting Access to Work. They will assess you at your work station and reccommend any adjustments. They will also fund part of the equipment, so that should help with the cosr. Your employer can contact them, or you can contact them yourself. There are a few threads about them, one is here. When I contacted them I already had all the usual aids at my desk, ie footstool, adjustable chair, document holder, wrist-rest etc but the equipment they reccommended was totally different. The usual stuff may help a little, but the specialist eqipment is what you really need if you are struggling.
You can suggest to your employer that assisting you like this may help prevent you being off sick in the future, as well as confirmation that they take their obligations under the DDA seriously.
Good luck

Rosie

[pink]

They've given me a different style of chair to use and to try both and without the backrest and see how it goes. Its pretty much the same as before but the backrest seems to mould to my back a bit more and move forward and back with me. They've said to go back if have any more problems or it not help. Does access to work come when you've already got a job then and do they look at minor adjustments - for example just a decent chair as thats the main problem. Hands ache after a busy day on mouse (even with the support pad) but that the worse of it at the moment as got other things covered. Also, when reading about access to work, it says it can help if you're disabled but I haven't actually got any 'registering' or receive DLA so how would I stand then?

[hannah]

A2W help with anything and everything from appropriate chairs and desks, to 'lighter' self closers on fire doors. And don't only ask for things that are essential/you are falling apart because you don't have. Raise anything and everything that may possibly help. It may be that they can come up with something on the wrist front too.

When you apply you just tell them about your condition. DLA etc. (as far as I remember) is not relevant - they want to know about your work needs, not personal care etc. The fact that you aren't registered should not be a problem at all.

[Rosie]

Hiya

I just want to back up what Hannah has said.
A2W are not just for people looking for or starting work, they can help with someone who is already working i.e. keeping you at work.
When they helped me, they paid for the consultation and assessment outright, and then for 80% of all the aids recommended. Please do get in touch with them. For the chair they measured me for seat depth, height, back height etc. and needed to be ordered from a specific place. It also had a head rest which I was ordered to use regularly and it was explained to my employer that I had to be allowed time to rest my head back. My employer would have bought me any chair from the catalogue if I had asked, but we needed a specialist to say which one would help me most. This is what A2W do.

Rosie

[pink]

Thanks. Going to speak to them tomorrow about it as not happy about the new chair (i personally feel I need a better chair) and will speak to physio in morning about when I have my acupuncture. Feel as though I've not really given it a go but am v tempted to call in sick tomoro so not as painful (as does seem to be bit easier on a weekend) for when I go for long weekend in scotland wednesday but its a busy morning for month end and not want to look like I'm taking the micky (even though they are v v understanding about my health). Even my boss said that they fobbed him off with this type of chair before he had his back op and said that he knows there are specialist ones that are better and useful. Just feel so so peeved off as been looking forward to the long weekend and now prob wont enjoy it as much. Fiance said we can always not go as was only v cheap (£40 each inc hotel and train for 2 nights) but I have been looking forward to it.

[parent]

Hi pink,

This is just a couple of thoughts.

Just because you are not getting DLA/registered disabled, if you have a medical condition that adversley affects your daily living then you are covered/have rights under the DDA, i'm sure i read this somewhere but i can't think at the moment.

I don't know where you live but it might be worth contacting your local council they might have some provision for issuing blue badges to those who have difficulty in walking who are not in receipt of DLA, you would probably have to be assessed.

It's worth a try, good luck
Teresa

[sanguine_emma]

I don't have the energy to recount fully my dealings with people at work today, maybe I'll come back and fill in the gaps some time. THere have been rumblings about changes to the building for a while, I have been steadfastly puting forward my access issues again and again like a stuck record. Today it became very clear that I was being largely ignored and metaphorically patted on the head "yes, of course Emma, we'll see to it, don't worry. Only actually because of X, Y and Z we won't actually do anything"

I got:

"The organisation will obviously help with reasonable adjustments, but we will decide what is reasonable in this case"

I DON'T THINK SO. All I am asking is that I am kept informed of the plans, allowed to take the shortest routes to the toilet, locker room etc. And if I really do have to go round the long way (3 sides of a square), that the doors are changed so that I can see/be seen through the windows (too high at the moment), I can reach the swipe points at the doors, and that power assisted doors are installed. I have been told that because of security and fire regs, the incredibly heavy self closers have to stay, so power assisted doors are the only option for being able to open doors, it seems. SO basically, the adjustments I'm asking for are simply to allow me to move around my workplace in a wheelchair. THe people concerned seem to have no concept that we are dealing with a LEAGAL requirement here, and that there is NO element of choice here.

"This is a small centre, and the distances involved are quite small. You should be glad that you don't work in one of the larger centres"

I'm not given to swearing, otherwise the board would have to censor me a lot at this point.

"we don't have to change doors that already exist, the DDA only applies to newly installed doors" WHat the heck planet are these people on? I have clearly been talking to myself for the last 6 months.

I am hurt, humiliated, upset and unspeakably incandescently enraged.

[Rosie]

Hi Emma

I think it is time to get a support organisation involved, they are not listening to you, and clearly do not understand their duty under the law. Do ou have a union you can consult? Or maybe get Acces to Work in? Or how about contacting the Equality and HUman Rights Comission (replaced the DRC)? They will have to listen to one of these.
You have my sympathy, you are not asking for anything unreasonable. Another thing to remember is that it is not up to you to solve problems, you just need to let them know that the problem exists and it is up to them to solve them. I know from experience that employers seem to expect you to be expert in disability adaptations just because you are disabled, when they really should be consulting someone who works in this area. There will be solutions to all the issues you have raised.
Good luck

Rosie