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Report on Conference. Discrimination by Design in the Workplace As part of the Building Accessible Services Project Manchester Town Hall 26th April, 2006
Introduction to ProjectThe Building Accessible Services [BAS] Project is a European initiative whose main aim is to stimulate discussion and training in the area of building and urban space accessibility by means of case studies on 15 different types of building and their surroundings across the EU. The project is tended to raise awareness of the problems by disseminating information by means of 6 conferences, and an eventual report and CD Rom-the Orange Book. The project intends to provide knowledge and methodology for the development and practical application of universal design principles in many building and urban space situations. The consortium involves researchers from Italy, Greece, the UK, Poland, Belgium, Sweden and Hungary. Further details of the whole project from
The UK contact is Malcolm Fish at Insight Social Research Ltd, South Wales
The Manchester Conference is the second in the series. There has been one in Italy, with the future ones in Sweden, Hungary, Crete and Belgium. The Manchester conference was organised by Louise Davies and Malcolm Fisk of Insight working in partnership with Ruth Malkin of the Manchester Disabled People’s Access Group. The Manchester Disabled People’s Access Group have worked for many years in collaboration with Manchester City Council to improve access for disabled people and to show that inclusive design can be innovative and not stifle creativity. Design for Access 2 is one of the results of this collaboration and is a manual of Best Practice Guidance of Inclusive Design Standards which in some cases improve on the current Government Guidance. It is a practical approach to inclusive design and is a valuable tool when assessing the accessibility of buildings. The Manual is in electronic form at www.manchester.gov.uk/disability/policies/access As a result of all this work, Manchester claims to be the most accessible city for the disabled in the UK.
Conference ReportIn his introduction, Marcus Ormerod, the co-director of the Inclusive Research Design Centre at the University of Salford, stated that he was particularly pleased to see so many disabled delegates at the conference. Disabled people still face many problems. They are twice as likely than the able bodied to leave school without qualifications and also twice as likely to be burgled. Despite the Disability Discrimination Act legislation has proved to be as ineffective in this area as it has against sex or race discrimination. Councillor Martin Pagel, in his welcome on behalf of the Council, stated that he had been working in behalf of the disabled people of Manchester for over 20 years. He was pleased that it had been Manchester that had hosted the first integrated Commonwealth Games, and at that there were disabled people everywhere. He felt that change was slowly happening and that the disabled were more and more able to take their place in society. The exclusion now was by design, and this had now to be challenged to give hope and optimism to unemployed disabled youngsters that they can get a chance to succeed. Annalisa Morini, from the National Research Centre in Italy, then introduced the BAS project. See Introduction Nikos Sakkas from Apintech, Ltd, Greece, spoke on the Business Case for Accessibility. His company offers technical, managing and consulting services in relation to IT and residential energy management. They have an expertise in telemonitoring and home automation. They work closely with disabled organisations to explore ways of using this technology to benefit all. He regards building accessibility as an important social issue and hence as an important business issue. All the stakeholders who are taking initiatives in the area of accessibility should come together and co-ordinate. How this can be advanced in the area of tourism will be the focus of the conference in Crete. The facilities in Crete are not accessible to 15-20% of the tourist market. A fully accessible resort has been developed, easily accessible from the airport, and with ramped access, accessible lifts and toilets and appropriately equipped room and this complex is a good example of inclusive design which benefits everyone. A UK Perspective on Discrimination by Design in the Workplace was then presented by Catherine Casserley, a barrister employed by the Disability Rights Commission and an expert on the Disability Discrimination Act. The main provisions of the Act were introduced in December 1996, with Amendment Regulations in 2003, and a further Act in 2005. Courts and Tribunals rely heavily on the statutory codes of practise which explain the law. The definition of ‘disabled’ in the Act is’ physical or mental impairment which has a substantial and long term adverse effect on the ability to carry out normal day to day activities’ From December 2005 the scope of the Act includes:- Employment and occupation Qualifications bodies Transport Education Public authority functions Employers must not discriminate against an employee in the recruitment process or at any stage of the employment cycle. .Discrimination may be direct, disability related or failure to make reasonable adjustments – which means that if there is a practice or a physical feature which puts the disabled person at a substantial disadvantage the employer has a duty to prevent this practise or feature from having this effect. The employer only has the duty if they know about the disability. There are examples of reasonable adjustments in the Act and the practicality of the adjustment and the financial and other costs of such adjustments is also considered. There have been several test cases- where the expenditure of a small sum on a reasonable adjustment would have saved the employer large legal costs. If a building has been built in accordance with the latest building regulations the code of practice says that it is unlikely to be reasonable to then have to make an adjustment. The Act does not over ride the need to obtain consent for a listed building. In a leased building the employer can make alterations with the consent of the landlord. The employee should bring a case to the employment tribunal within 3 months of the act of discrimination, after using the grievance procedure. The duty to promote disability equality means that in carrying out their functions public authorities must have due regard to the need to:- Promote equality of opportunity between disabled people and others. Promote positive attitudes towards disabled people Encourage participation by disabled persons in public life Take steps to take account of disabled persons’ disabilities even where that involves treating disabled people more favourably than others. This duty should impact on those drawing up building regulations and new legislation and those considering planning applications. It should help to put disability at the heart of public authorities. In the European Employment Framework directive of 2000, all member states must prohibit discrimination in employment and occupation on a number of grounds, including disability, and there is a specific duty to provide reasonable accommodation. There should be effective and practical measures to adapt the workplace to the disability, eg adapting premises and equipment, patterns of working time and the distribution of tasks. In the next section, there were workshops to discuss in detail 6 of the current BAS projects. There was the opportunity to attend 3 of these- the other 3 are summarised from the handouts. Office Building in Warsaw, Poland. Any company in Poland employing over 20 people, of whom less than 6% are disabled , has to pay into a special fund which can be used by companies to find employment for disabled people and to make work place adjustments. Generally the disabled are not well integrated in Poland. In 1994 regulations came out that every new building had to have wheelchair access, but the needs of people with other disabilities were not considered. This building was built to house a company supplying advanced printing devices. They had no disabled employees, and still do not. Disabled people were not involved in the design. The building was on an awkward shaped plot next to a railway line. It is a four storey building. There is a lot of natural light. It is difficult to access by public transport. The underground car park provides wide spaces opposite the lift. It was not possible to avoid the use of steps or build a ramp at the main entrance, but there is a hydraulic lift platform. The corridors and automatic doors are wide and the lifts are large. There is a disabled toilet. This building has largely concentrated on those with motor problems but protruding elements are marked so as not to be a hazard for the visually impaired. Accessibility in a Public Administration Building, Leuven, Belgium This provincial government building had to be made accessible to disabled so advice from an accessibility expert was sought. The work to improve it started in 2003 but is not yet finished. The signage in the underground car park was made clearer, parking spaces for the disabled were designated, and the lift was made wheelchair accessible. There will be tactile paving installed from the car park lift exit to the main entrance Currently the signs at the entrance to the building are poor. They will be improved. There are level thresholds and automatic doors. There is a low desk at the reception area. There are large clear numbers on the doors of the meeting rooms and there are adjustable height desks. In the large lecture room, there is a ramp for accessing the platform but there is no contrast between the edge of the ramp and the floor, and the handrail is not long enough. There is ramped access to the canteen, in which there is variable height furniture. The disabled toilets are of an adequate size but lack colour contrast. The lifts are wheelchair accessible, have buttons in Braille, and have large control buttons. There is a special evacuation chair available in case of fire. The heights of desks, chairs and computer monitors can be adjusted. The building is 350m from the railway station and there is a convenient bus stop. There are few such accessible buildings in Belgium and this only happened because of the help of an accessibility expert. Design, Research and Education Centre, University of Lund, Sweden. In Sweden there has been building legislation regarding access to public buildings since 1966, and for access to houses and the workplace since 1977. There have been few new developments since. This building has followed a more ambitious design with new ideas. The centre is funded by the founder of IKEA. The paths around the entrances are warmed in snowy and icy weather. There are parking places for disabled under cover. All the doorknobs, switches, identity card readers are accessible from a wheelchair. The heights of the kitchen equipment can be adjusted. All doors open automatically. There are colour guidance strips on the floor and lights of the same colour in the ceiling. There are level thresholds throughout. The emergency alarm is supplemented with a flashing light in the toilets and in noisy areas. The lifts give spoken messages when arriving at the floor. The disabled toilets are large, and some have adjustable height toilets. Institute for Higher Education, Hungary [from Handout] This building was adapted both for those with visual impairment and physical disabilities. There are designated parking bays for disabled drivers. The main entrance is ramped, there are automatic doors, there is a contrasting stripe in the middle of the floor to aid orientation. The lifts have a sound system to indicate the floors and have Braille scripts. There are yellow lines marking the edge of the steps. The signage is very clear and at eye level. There are special telephone sets and induction loops. There is a Braille printer and copy machine. The door handles and toilet handles are marked with yellow dots. The reception desk, the installed telephones and the windows are at the appropriate height. The whiteboards are of adjustable height and the tables in the classroom are adjustable. Future plans are to improve the access to the building by public transport, Further improve the Braille signage and improve the lighting of the stairs and the signs. Technical High School, Florence, Italy [from handout] The project was to create fully accessible school buildings for people with disabilities following the concept of Design for All. The route were marked by tactile paving surfaces, there are tactile maps, Braille maps and visual signalling of barriers and danger areas. There are automatic doors and a video intercom with an LCD screen for deaf people and alarm. Recycling Centre, Trewern, Wales, UK [from handout]As a result of the work done this centre has become an inclusive enterprise accessible to and providing a safe working environment for people with motor disabilities, partial visual impairment and those with learning difficulties. The centre consists of the recycling plant, offices, training rooms and a canteen There are 17 full time and 8 part time staff and of these there are 2 staff with motor disabilities, 2 with partial vision and 1 wheelchair user. There are in addition 25 people with learning difficulties who work part time. The building is accessible to those with motor disabilities. There are contrasting surfaces but no tactile routes as yet. There is well organised signage for those with learning difficulties and those with partial visual impairment but there are no tactile maps or Braille signage. The lift has been specially designed to be easy to use. There is an inner audio system to play music to make the working environment more pleasant for those with learning difficulties and depression. There was later a debate between Alice Maynard from Future Inclusion [an organisation which helps to break down barriers in employment for the disabled ] and Donna McGrath from the Royal Mail discussing’ Employee and Employer Perspectives’. The issues discussed included:- the problems of getting to an interview, and into the work place when appointed. Although the main entrance might be accessible there might need to be co-operation from the reception staff. Normal lifts may be slow to come, the doors may close very quickly. Use of a special lift may need the use of a special key, or the availability of the security staff. When the fire alarm goes, is there a designated refuge area or is an evac chair used, and who carries that? Is there training in the use of evac chairs? Are there assigned staff for the visually and hearing impaired in an emergency? Is the disabled toilet separate and unisex or within the main toilet area, in which case others may use it, or it becomes a smoker’s refuge. What is the sickness absence policy, is it linked to the disciplinary process and can the disabled employee be taken out of this link. Can the workplace cope with someone with a condition which has day to day variation? In meeting rooms, can the furniture be moved for wheelchair access and is there an induction loop? Is the office coffee room accessible? Is it possible to screen the work station in an open plan office for those who are easily distracted? If people have to work in various sites, are all the buildings accessible? If people have to travel are there suitable hotel rooms? Are there suitable nearby accessible outlets for lunch or a drink after work with colleagues? Can working practices be flexible to allow for hospital appointments? Is there a provision for some home working? Managers should not be afraid to ask disabled employees what they need. In general good design should reduce workplace problems. The last speaker was Pam Thomas, currently researching accessible environments in the workplace at the Inclusive Design Research Centre, University of Salford. She spoke on ’Why isn’t there inclusion by design in the workplace’ Your employment is part of your identity. We ask children what they want to be when they grow up, and one of the first questions we ask someone we meet is ‘what do you do’ The status of the person is in the answer, as they may say ’I am only a ……..’ It is not easy for someone to admit they are not working and the expectation of others is that they will return to work as soon as possible. But for a long time having a long term condition or impairment has been a justification for not being in work and requiring state financial support. It should not be assumed that an individual positively chooses not to work, and it is a common misconception that people with long term conditions cannot work Finkelstein states that ’disability itself has come to mean ‘’unable to work’’ ‘. Because disabled people are not therefore expected to work, they are not expected to use work places so disability has not been taken into account in the design of many work places. Disabling barriers are more than stairs- correct lighting, noise levels, temperature are other factors. The disabled people who want to work face a range of barriers which cause exclusion from the workplace. Bad attitudes lead to bad design of systems which lead to bad design of the built environment. Few disabled people are architects or are in a position to make sure buildings are inclusive. Architects should take into account the diversity of the whole population, and also be aware that a building which cannot be use by a large sector of the population is badly designed, and is not sustainable and will become redundant. Architects need to know that what they do does make a difference as to whether disabled people can be in the workplace. They also need to know that good design and building form is inclusive and aesthetically pleasing. There will be no need for ugly and unsatisfactory adaptations which spoil the building form.
Report produced by Dr Pam Harper, Disability Analyst
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