whose responsibility?

dori2o

I'm having a problem at work that is being caused as a result of my disability.

I am unable to get down the stairs in the event of an evacuation.

The job I do is on the top floor of the building I work in and is not done on any other floor. I have been moved to the ground floor to complete temporary duties which are of a grade below mine.

I cannot use the standard evac chair (as below)


as there is no lower leg support/footplate and when I sit in it the bar across the front digs into my knee (the area where my disability is) and my legs dangle putting pressure on the knees casuing considerable pain.

I have been told by my employer (a government department) that it is my responsibility to get advice on what adjustments can be made to allow me to complete my job and have advised me to contact Access to Work.

They say that as this problem is not directly related to the actual job I do day to day, and is a problem with evacuating the building, they have no responsibility to put in place any reasonable adjustments , but have insisted that I cannot work on the 7th floor.

I have had dealings with ATW before (back in 2008) and it was a companies, public transport details etc etc and in the end I got nowhere with them. I get the feeling this will be the same and to be honest, by the time I've got to work, done a days work, come home, and with the effects my medications have on me I don't have the time or energy to deal with ATW if it's going to mean I have all the running about to do.

Is it really my responsibility to do all this?

It's not even as if this is a new thing, I've had this condition now for 6 years and it's progressively been getting worse (as a degenerative condition gernerally does) and I have kept my employer fully upto date with single aspect.

Any advice would be helpful.

Humphrey10

Would a footrest solve the problem? If so, they could just provide an evac chair with a footrest, I can't see how they can say that isn't a 'reasonable adjustment'.
eg: http://www.evac-chair.co.uk/Our-Products.aspx?p=134

dori2o

Humphrey10 wrote: »

Would a footrest solve the problem? If so, they could just provide an evac chair with a footrest, I can't see how they can say that isn't a 'reasonable adjustment'.
eg: http://www.evac-chair.co.uk/Our-Products.aspx?p=134

TBH I don't know if a footrest would work.

At first when I was speaking with the guy in charge of evacuations he suggested that he would look on the internet, and see if he could get a company (or more than one) to come out so we could 'try' a few different chairs to see what works, or even go out to them so that we are sure that the chair is right for me.

However, HR came back stating the 'Reasonable Adjustments Team' required that I speak to ATW and ask for a workplace assessment, and see if they can reccomend a chair.

Part of me wonders if the only reason they want me to go through ATW is the fact they may get money towards the chair.

As for it being a 'Reasonable Adjustment' my employer claims an Evac Chair or any other form of evacuation doesn't fall under 'reasonable adjustments' as it is not essential in order for me to complete my job.

Humphrey10

dori2o wrote: »

As for it being a 'Reasonable Adjustment' my employer claims an Evac Chair or any other form of evacuation doesn't fall under 'reasonable adjustments' as it is not essential in order for me to complete my job.

They sounds like knobs. If your job requires you to work on the 7th floor, and you require an evac chair to work on the 7th floor, then your job requires the chair surely?

Are you in a union?

If I were you, I'd contact Access to Work - your experience might be better this time. I'd contact them during my working hours though - if my work requires me to do something, then they better be prepared to pay me for it.

Sorry I can't be more help.

elsien

I would suggest contacting these for further advice.
http://www.equalityhumanrights.com/advice-and-guidance/guidance-for-employers/further-sources-of-information/

There's a lot more information on the site with regard to reasonable adjustments if you have a look round - on the face of it I'd say your empoyer is passing the buck, but it wouldn't hurt to go direct to the horses mouth as it were.
http://www.equalityhumanrights.com/advice-and-guidance/guidance-for-employers/the-duty-to-make-reasonable-adjustments-for-disabled-people/

I can see why they want an independent assessment - they're wanting to make sure that the equipment is suitable and they're not spending money on the wrong thing, but I'd argue the reasonable adjustment if you have no option but to work on the top floor.

theoretica

Your local fire brigade will have a community liason officer - generally very nice approachable people who exist to make sure people get out of burning buildings safely. I strongly advise you to contact him (or her of course).

Perhaps your employers need to make 'reasonable adjustments' to their fire alarm proceedures so you don't evacuate in drills or unless the fire is confirmed.

antonic

My plan of action would be :

1) Get your union involved and make them aware of them situation
2) Do everything that management want you to do, even if you dont want to, because if it gets to the stage where they are considering dismissal on capability grounds you can argue that you have done everything they wanted and what more could you do ?.
3) Apply for D(isability) A(djustment) L(eave) DAL as you cant evacuate the building safely even during a drill, let alone a real fire.

(A wheelchair bound friend of mine, who used to work in a building that is now closing & has moved to a building down the road from you, was in the same position when they were told that they could not use the lifts to go from 1st floor to Ground floor in the event of a fire drill (or proper fire), it took our employer approx 6 months to order and pay for an evac chair, in that time they were off on DAL as the employer wasnt providing a safe working place)

Try the above and let us know what happens.

phill99

You won't like this but the advice from the fire officer will be that any people who cannot get down th stairs safely including disabled people and pregnant ladies ate to go into a 'fire safe' area which in your case will be the fire stair well (a fire stair well is designed to be resistant to fire for a number of hours) and await rescue from the fire brigade. They Are expe ted to be on site within 8 minutes.

You need to remember that you being assisted down the stairs on an evac chair will holdup many more people and risk the lives of other people.

Stay put in the fire stair and you will be a lot safer than being taken down in an evac chair.

Racheldevon

I have a disability, and am I find it difficult to understand why you refuse to go through AtW. My experiences of them have been very good, surely it's worth making the one call to them, they will arrange for an OT/other advisor to come out to your place of work where you can meet with them individually and discuss your needs with regards to the evac chair. Their report with recommendations will then enable your employer to purchase any necessary equipment /review their risk assessments around fire/evacuation etc. I've found that AtW created very little 'work' for me to actually do, other than log the initial call, and then meet with them. Yes the company may well get some money towards any adjustments, but why shouldn't they're able to claim this? It may also add some weight to your arguement that it is a reasonable adjustment, by having someone external assess your situation and place something in writing confirming that.

thegirlintheattic

As you'd only need the chair in an emergency evacuation could you not put up with the pain. Not being nasty, but if you don't want to go through ATW, it seems like the easiest option.

mildred1978

phill99 wrote: »

You won't like this but the advice from the fire officer will be that any people who cannot get down th stairs safely including disabled people and pregnant ladies ate to go into a 'fire safe' area which in your case will be the fire stair well (a fire stair well is designed to be resistant to fire for a number of hours) and await rescue from the fire brigade. They Are expe ted to be on site within 8 minutes.
.

Only if the building has one!! I worked in a government department building (in London) that didn't. Being old listed buildings not all of them can Or do.