The Disability Discrimination Act (DDA) and health and safety legislation (H&S) take similar approaches and are not in conflict.
In some cases the disabled worker's H&S needs may be different to their colleagues.
Always consult the disabled worker about his or her own Health and Safety.
A workplace that is accessible and safe for disabled people is also safer and more accessible for all employees, clients and visitors.
When considering a reasonable adjustment, a risk assessment may be required. If work has been swapped with colleagues, their work may also need to be risk assessed.
Management of H&S at Work Regulations (MHSWR) outline duties for reviewing and modifying risk assessments if circumstances change. Illness, injury or the onset of disability may make a worker more vulnerable to harm, so managers need to consider whether their risk assessment of the tasks performed is "suitable and sufficient" or whether fresh precautions are necessary.
Generic risk assessments need to take account of individual workers' differences. There should be individualised assessments not assumptions.
The Approved Code of Practice accompanying MHSWR requires employers to identify groups of workers particularly at risk - disabled workers are one such group.
If a worker's disability is work related, steps must be taken to prevent or control risks to other workers that could lead to more cases of injury, illness or disability or the worsening of existing ones.
Are your risk assessors competent to undertake an assessment involving disability? (Having the necessary relevant skills, knowledge and experience.)
Where appropriate, is there an evacuation plan for a disabled worker? Are colleagues informed/trained to deal with an emergency?
Display Screen Equipment Regulations - do the workstations fit the person?
Manual Handling Operations Regulations - if manual handling cannot be avoided, these Regulations require an employer to take into account the capabilities of the person lifting, pushing, pulling etc.
Personal Protective Equipment at Work Regulations - Regulation 4 requires that where PPE is provided, the employer must ensure that it is suitable, takes into account the health of the person who wears/uses it, and it must control risks without adding new ones.
The Provision and Use of Work Equipment Regulations - covers suitability, maintenance, information and training. This covers any special equipment provided for a disabled person at work.
The Workplace H&S and Welfare Regulations may require adjustments to - toilets, restrooms, cleanliness, temperature, ventilation, lighting, doors, signage, escape routes etc.
Working Time Regulations recognise the need to limit or adjust patterns of work and rest to prevent risks to employee health and safety.
Under the Control of Substances Hazardous to Health regulations 2002 (COSHH) - care must be taken with hazardous substances that they do not aggravate a workers disability (the impact may vary according to the different conditions that people may have).
Does your H&S policy (as required by H&S at Work Act) need updating in light of the DDA?
Modify instructions or reference manuals. Provide H&S info in different formats.
Specific H&S training/info may need to be given to colleagues, line managers or people from supported employment organisations.
The Disability Rights Commission recommend that Safety Representatives receive disability training from their unions in work time, in order to be more effective in their role.
