Disability Discrimination Act

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Disability Discrimination Act 1995: Part III

from 1st October 2004 Service Providers have had to make “reasonable adjustments” to the physical features of their premises to overcome barriers to access

Since the 1st October 2004 there have been significant changes to the Disability Discrimination Act that may impact on your fire safety strategy.

From this date anyone providing a service will have to address those physical features which make it difficult for disabled people to use their services.

This will mean that service providers – including shops and restaurants, pubs, clubs, gyms, swimming pools and hospitals – will all have to make “reasonable adjustments” to their premises or the way they provide their services to ensure they are not unreasonably difficult for disabled people to use.

The 2004 duties say that service providers should make reasonable adjustments to physical features but what is a physical feature?

The majority of the duties placed upon you by Part III of the Disability Discrimination Act 1995 looks at the physical features of your building, such as

  • Ramps / Stairways
  • Counters / Service Desks
  • Entrances / Exits
  • Internal / External doors
  • Floor Layouts
  • Toilet Facilities
  • Telephones
  • Escalators / Lifts
  • Printed Materials
  • Fire & Safety provision


I am expected to make ‘reasonable adjustments’ to physical features, but what is ‘reasonable’?

Whilst the policy asks you to make reasonable adjustments, it does not actually list what these are. It would certainly depend on the size and resource of the service provider, the financial cost of making this adjustment and just how practical it is to make these changes. A DDA risk assessor can do a full access audit and advise you on what you may need to change, but it is down to you as a responsible company to determine what is considered a reasonable adjustment. Your local fire officer would help you determine any changes to your fire safety provision.

Who does it affect?

Part III of the Disability Discrimination Act 1995 applies to those providing goods, facilities or services to the public. i.e. if you provide goods or a service to the public “free or paid” you are then a service provider.

  • Hotels
  • Public houses
  • Restaurants
  • Leisure facilities
  • Retail shops
  • Banks
  • Hospitals
  • Doctors surgeries
  • Schools
  • Colleges
  • Solicitors
  • Accountants
  • Theatres
  • Universities
  • Libraries
  • Care homes
  • Airports
  • Shopping centres

Timelines - a summary

If you provide a service to disabled people you have duties to them under the Disability Discrimination Act (DDA). You already may have had to make changes to the way you deliver your service if it is difficult for disabled people to use.

The duties have been introduced in three stages:

• since 2nd December 1996 it has been unlawful for you to treat disabled people less favourably for a reason related to their disability

• since 1st October 1999 you have had to make “reasonable adjustments” for disabled people, such as providing extra help or making changes to the way you deliver services

• from 1st October 2004 you may have to make other “reasonable adjustments” to the physical features of your premises to overcome barriers to access.



IMPACT ON YOUR FIRE SAFETY STRATEGY

There are all types of disability that means an individual has an impairment which has a substantial effect on his/hers ability to carry out normal day to day activities. This may include being sight or hearing impaired, having physical or mobility problems, or mental health problems. All of these disabilities bring a unique set of risks for consideration when developing your fire safety strategy. Here are just a few things Chubb Fire would advise you consider.

Hard of Hearing

You will need to consider how you would alert the hard of hearing to the fact that the fire alarm has been activated to ensure a swift and safe evacuation from your premises. Your current fire alarm system may just include traditional audible sounders and bells but you should consider supplementing your sounders with visual flashing beacons, and in large sites, like airports, shopping centres, hotels and pubs, vibrating pagers and similar solutions can be linked directly in to your fire alarm system. Audio Loops are another consideration.

Sleeping Risk

If you provide a service that incurs a sleeping risk, i.e you are a hotel, or a care home, you need to consider how you would wake sleeping residents that are hard of hearing. Chubb Fire normally recommend a sounder at the bed head, not just in corridors, flashing beacons in their rooms, and a vibrating pillow.

Slower Evacuation Times

You should always consider that those with physical and mental disabilities may need assistance which can lead to much slower evacuation times. It is imperative that your fire alarm system is serviced and maintained as it is your first line of defence to give the very earliest possible warning of a potentially dangerous situation. Make sure that your fire alarm is monitored by an alarm receiving centre so that you know help from the Fire and Rescue Services is already on its way.

Sight Impaired

Braille, tactile and high contrast signs are specifically designed to help organisations make provision for the UK’s 2 million blind and partially sighted population. Emergency Lighting will help direct all people to their nearest fire exits

Limited Mobility and Fire Doors

Heavy Fire Doors are cumbersome by their very nature, and companies are tempted to wedge them open with a bin, plant pot or fire extinguisher to aid freedom of movement around a building, especially for customers who have limited mobility or use walking frames and wheel chairs. In the event of a fire, fire doors are designed to stop the spread of smoke and flames from rapidly spreading through a building. Door retention devices, such as the acoustically activated Chubb Dorgard, or magnetic door release systems, will keep your fire doors open allowing you freedom to move around, but will close them in the event of your fire alarm activating.

Evacuation

During the fire fighters strike in 2002, some disable people were refused entry to buildings. Building managers wrongly though that it was the responsibility of “fire fighters” to evacuate building but this is not the case. Building managers, landlords, owners must have plans to evacuate buildings. Refuge Points are areas protected by a minimum of 30 minute fire resisting fire separations (fire doors) or evacuation chairs may enable you to get people out of the building if lifts are out of action. Chubb can help you plan your evacuation strategy with disability in mind. We also advise you to include disability in your fire evacuation drills and training for your staff.