An obstacle to success or an opportunity for all?
With disabled people in the UK having and estimated spending power of more than £80 billion a year, it makes sound business sense for companies to make their facilities accessible to all, argues Grant Kennedy.
Part III of the Disability Discrimination Act (DDA) came into force in October 2004, bringing with it the usual raft of confusion, fear and misconception associated with any new legislation. It is however imperative that all companies, especially their facilities and buildings managers’ are aware of its importance and effect.
Opinion on the legislation falls into three distinct camps, including a very small minority of those who understand the DDA and are complying. It is however the other two groups causing concern throughout the country. One group are aware of the legislation but burying their heads in the sand, plagued by ungrounded fears of substantial costs and upheaval; the other group, despite massive awareness campaigns, just don’t know about the Act and how it affects them. In both cases, the companies in question not only face the possibility of legal challenges from disabled people, but they are also losing money. By not reviewing their facilities and ensuring they are open to disabled people, companies are shutting their doors on a massive number of potential customers.
Legal Requirements
The DDA first came into force in 1995 “to end the discrimination which many disabled people face in their everyday lives”*, since then additions to the Act have put greater pressure on companies to open their doors to the UK’s 10 million disabled people. Those companies that see the Act as obstructive or red tape designed to put them out of business are fooling themselves. Disabled people in the UK have an estimated spending power of more than £80 billion per year. Moreover, that figure doesn’t include either the immediate family and friends, or those with temporary disabilities such as a broken leg. The Department of Work and Pensions estimate that one in four of the UK population are either disabled or close to someone who is. By opening their doors to disabled people, companies are opening themselves to new business and increased revenue. In fact those that provide good disabled access are actually providing good access to all. Including, for example, the parents of the 700,000 plus babies born each year in the UK, who require pushchair access.
The basic facts are simple but often confused. By October 2004 all service providers had to have made “reasonable adjustments to the physical features of their premises to overcome physical barriers to access.”* In reality, complying with the Act requires commitment to improve business, using some time, effort and financial investment. Costs are likely to be unavoidable, but they are often not as excessive as many companies fear, ranging from less than £100 to £10,000 and more depending on the size of the business and other factors. This has however been taken into consideration by the law-makers, hence the use of the expression “reasonable adjustments”.
Guidance on the Law
The Disability Rights Commission (DRC), the independent body that promotes equality of opportunity for disabled people in the UK, provides detailed guidelines on this area as follows:
“The DDA does not define what is meant by “unreasonably difficult”. Guidance on this is provided in the Disability Right’s Commission’s statutory Code of Practice (Rights of Access: Goods, Facilities, Services and Premises). This says that when considering if services are unreasonably difficult for disabled people to use, service providers should take account of whether the time, inconvenience, effort, discomfort or loss of dignity entailed in using the service would be considered unreasonable by other people if they had to endure similar difficulties.”*
Facilities managers concerned about their legal obligations can consult the DRC. However, as a guide, companies should as part of their legal obligation, at the very least, have done the following:
Be aware of what facilities they can, or cannot provide Have a plan of improvements they intend to implement - Have budgets set aside or planned, to cover the cost of the improvements they requireHave a plan indicating when improvements will be completed
In addition, Section 4.26 of the DDA Code of Practice states, “businesses must communicate anything that is unreasonably difficult for someone to use”
Whilst the complexity of any new legislation can be used an excuse for failing to meet legal obligations, companies have now had 10 years to understand and make changes in line with the DDA. Those that are ignoring the law or unappreciative of the details need to act now and there are tools available to bring them up to date. One of the most useful is the Free Access Assessment provided on our website – www.directenquiries.com. The assessment, designed in conjunction with RADAR is the ideal first step for facilities and buildings managers looking to review and improve their access. By running through the questions, they can understand and collate details of the access they currently provide. Recommendations for improvements are given at the end of the assessment. The assessment can also be regularly reviewed to establish how facilities improve over time. For many people, completion of the assessment can often be a positive experience as they actually discover that their facilities are far better than they first thought.
Improving Access
When planning improvements to access it is imperative that companies don’t fall into the trap of assuming that every disabled person has a wheelchair. There are many changes that can be made to facilitate better access for disabled people but consideration has to be made for a wide variety of disabilities, including hearing, vision and mobility impairments. Just a few examples are listed below/opposite, ranging from simple ideas without cost to major refurbishment:
However, the list is just a taster and these few changes will only help customers into the door. Once inside companies should investigate how to make the rest of their facilities more accessible and useable for disabled people including lift access, shelf and counter heights, disabled toilets and staff assistance, not to mention how they exit the building. More advice, greater detail, information on these topics, including a full action plan, with estimated costs and timescales are available to companies on the Nationwide Access Register.
As mentioned companies must also communicate the facilities they have that are unreasonable to use, and a sign on the door is quite frankly not sufficient. By including their company on the Nationwide Access Register, facilities and buildings managers’ are making their access information available, whilst attracting more revenue by directly communicating with potential customers. The register already receives over 190,000 hits per week from people looking for companies and services with specific access facilities.
However, above all, companies need to remember that making their premises more accessible does more than just help meet legal obligations, it provides a greater level of customer service, improves public opinion and drives new customers – it just makes sense.
Making Reasonable Adjustments
Improvements to car parking, approach and entrances may only require a sensible re-arrangement of existing facilities, supported by clear signs and regular maintenance. The information should be provided to customers in advance where possible, for example on a website.
Designated parking space should be clearly marked with a right facing wheelchair symbol, normally white on a blue background, plus the letter 'P'. Writing on overhead signs should be easy to read and understand from a distance. Six spaces per hundred (6%) should be reserved for shopping, recreation and leisure facilities. All other service providers need to reserve five spaces per hundred (5%).
The pathway (or pedestrian route) to the building should be as short as possible and well lit after dark. If it is a long way to the building, or if wheelchair users have to go another way, directions should be clearly indicated. Wherever possible think about going the extra mile for your customers. Older people, crutch-users and people with less strength appreciate benches at regular intervals, for example every 50m.
Entrance from the car park or street also needs to be as accessible as possible. Disabled people naturally want to use the main entrance to the building like anyone else. If, however, the main entrance cannot be made accessible, another public entrance should be provided and clearly signed. Ensure that main and alternative entrances are kept clean and clear of obstructions.
A portable ramp, though not a permanent solution, can be used where there is not a big difference in level between the door threshold and the ground (a few steps for instance) but a permanent ramp can be necessary in some cases. Ideally the gradient should be 1:20 although a steeper gradient of 1:12 is acceptable for shorter ramp distances of 2m. No ramp flight should be longer than 10m and have an incline of more than 50cm. There should also be a landing wherever the ramp changes direction.
If the entrance door opens outwards, the landing at the top of the ramp should be wide enough to accommodate the wheelchair and able to open the door without any difficulty - at least 1.2m long in addition to the space needed for the door to open.
Once at the door, anyone should be able to open it independently. Automatically opening and closing doors, either hinged or sliding, are the ideal solution, but the door should close slowly to give enough time to get through. The number of doors should be kept to a minimum or held open where possible.
But providing all these physical facilities is often not enough. Companies should also train staff in assistance and greeting, and especially in emergency evacuation procedures for disabled people.
Useful Links The Nationwide Access Register (Direct Enquiries) - www.directenquiries.com
RADAR - www.radar.org.uk
Employer’s Forum on Disability - www.employers-forum.co.uk
The Disability Rights Commission - www.drc-gb.org