Background
The Health and Safety at Work etc. Act 1974 is the primary legislation covering occupational health and safety in Great Britain. Employers are obligated to perform risk assessments as a crucial aspect of managing health and safety in the workplace. They must guarantee that risks to all employees and others affected by the work are evaluated and handled.
While there are no specific health and safety regulations that apply only to disabled individuals, all workers, including disabled individuals, must be protected from risks while using any building. It’s important to not focus on disability as an issue but on being mindful of any added risks that must be assessed on your premises.
The way to assess the risks is with an Access Audit, which in this case is an assessment of your management arrangements and buildings to ensure best practice standards are in place and that you can provide accessibility to disabled people. Disabled people should expect the same effective risk management in the workplace as their non-disabled counterparts.
Implementing an Access Audit as a part of your regular risk assessments means that you are able to ensure that disabled people are not substantially disadvantaged when compared with non-disabled people. In addition, an Access Audit can identify and provide solutions where possible to avoid discrimination.
The key thing to remember here is that you cannot wait until a disabled person wants to use your building. Instead, you must anticipate what disabled people with a range of impairments might reasonably need.
Once you have completed your Access Audit, which will identify any reasonable adjustments, you can amend policies, practices, and procedures, ensuring that all required documentation is up to date and making sure necessary adjustments are carried out.
How do you get started?
Understand the legislation
There are two pieces of legislation to consider
The Health and Safety at Work etc. Act 1974
When implemented correctly, laws related to health and safety and the Equality Act 2010 can work together to improve the employment opportunities and retention of disabled individuals in the workplace. A proactive and reasonable approach to risk management can foster an inclusive work environment for disabled individuals.
Review risk assessments
Risk assessments identify and address potential risks within their buildings. These assessments should be reviewed regularly to ensure they remain relevant and effective. Again, while there is no legal requirement to conduct a separate risk assessment specifically for disabled individuals, It makes sense to review the existing risk assessment to ensure that it adequately addresses any potential risks by adding in an access audit.
Understand what an Access Audit is
An Access Audit is a review of a building, environment, or service to determine its accessibility for disabled individuals. It is performed according to best practices and standards and is intended to meet the requirements of the Equality Act 2010.
The audit (see our 20-point plan here) evaluates what actions are reasonable for the organisation to take to improve accessibility and provides recommendations for necessary adjustments, along with priority ratings and costs. This information can be used to create a plan and budget for implementing the recommended changes.
Making reasonable adjustments
Following the audit and with the disabled person in mind, there are several ways in which an organisation can make reasonable adjustments. These physical changes to the workplace could include installing ramps or elevators, widening doorways, braille fire notices, or providing wheelchair access. A discussion with an experienced consultant will help you know what is required and how to implement the necessary changes effectively.
Making physical changes to the workplace
Making physical changes to the workplace to accommodate disabled individuals can impact the risk assessment for the building’s environment. This is because any changes to the physical layout or infrastructure of the workplace may introduce other risks not previously thought about that need to be considered.
For example, installing ramps or elevators may introduce the risk of falls or entrapment. You need to consider these potential risks and take appropriate steps to address them as part of the risk assessment/audit access process. This may include providing additional training or implementing new policies or procedures to mitigate the identified risks.
With the new Fire Safety (England) Regulations 2022 coming into force on January 23rd 2023, more than ever, it is important to consider disabled people when reviewing the changes. (link to the webinar)
Prevention is better than cure
You will not doubt know the phrase “prevention is better than cure”. It refers to the idea that it is more effective to take steps to prevent a problem from occurring in the first place rather than waiting for the problem to occur and then trying to fix it.
This means it is better to identify and control risks rather than wait for an accident or injury to occur and then try to fix the problem. You only have to review the latest HSE figures to understand the cost and impact of not doing things correctly the first time.
Risk assessments with an access audit are not a one-time event but rather a continuous process. Regularly reviewing and updating risk assessments can help organisations to identify new risks, evaluate the effectiveness of existing controls, and make improvements. This can lead to a safer and more efficient environment over time.
Work with professional and trusted consultants
At Ligtas, we don’t just tick boxes. We want to work collaboratively with organisations to discuss and help them to manage risk while supporting them to create a healthy and safe environment for all. So call us to discuss how you can include an access audit in your next risk assessment.
Conclusion
The bottom line is that buildings must be safe for all users, disabled or otherwise. Understanding the law and proactively reviewing and implementing best practices means that you will provide a safe and inclusive environment for everyone at less risk to your organisation.
