Disabilities Discrimination Act Question

[GarethB]

Does any body know if the DDA applies outside work?

Reason I ask is that my friend who is blind and has a guide dog has been told he is a fire hazard at the local Hospital Radio and they are not happy with him being in the studio by himself.

The charity has to comply with local health and safety and the general safety requirments laid down by the NHS trust as the studio is on their property.

I have contacted the comittee and explained that I too have a sight disability which uncorrected means I fullfill the medical requirments to class someone partially sighted. Therefore I have been told I am a liability.

Never thought a charity would ever say such a thing

The people who know us, feel should there be a fire my friend and I would be better off as we have a mental map of the building and where the fire exits are.

Really would like to say with Hospital Radio, but if I can not take action or at least threaten them with it, I know where membership along with my wifes will be diverted too.

[Andrew MacLean]

Gareth

Yes the DDA does apply to circumstances other than your place of work. All public buildings are required to make "reasonable arrangements" for access by disabled people, and I'd have thought that this would include areas in a hospital where volunteers are operating 'hospital redio'

I did at one time work in the sound recording business, and am fairly familiar with studios. there are hazards that are unique to sound-proofed areas in recording studios (and I guess by extension that this is true also of broadcast studios), but I'd ahve thought that a blind or partially sighted operator who was familiar with the lay-out was less at risk than a sighted person who was unfamiliar with the place.

One way in which I found I had a positive advantage over sighted people was that I can still make my way around buildings, find my hat and coat, put them on, find my way out, close and lock the door even with the lights off and fairly complete darkness around me.

People who have sight and who have never lost it almost always depend on their sight to accomplish these things.

I am also sorry that the charity you have served as a volunteer had taken such a narrow view of your abilities and disabilities. I think I'd lodge a complaint with the hospital, in the first instance, since it is their Occupational Health rules that seem to have been cited as an excuse for this seemingly silly position.

If you get no joy there, then I think I'd escalate. You are not trying to establish rights for yourself alone, but for every other dimly sighted person who may offer to serve.

I remember jayboi being given a similar response when he attended for a careers interview at the JobCentre. My own experience has been that there is a deal of angry impatience with the disabled in the community in general. Maybe that is what spils out into the off-hand remarks made to your pal and yourself.

Andrew

[GarethB]

Andrew,

The hospital is reaaly good for visually impaired with disabled access, the doors are brightly coloured so when I am partially sighted I can see them. The automatic ones open early so you are never too close to get hit by them if the open towards you. Steps have a yellow strip across them so I can see the edge and there is a red stripe on a beige wall so if I were not holding the hand rail there is a slight visula cue where the stairs turn or there is a landing.

Hospital Radio is seperate from the Hospital in that it is a charity and relies on voluntry support. All the hospital do is provide the radio sets for the patients. Hospital Radio funds the headphones in our hospital and when we upgraded the studio, we had to pay the hospital maintenance to do the final plug in for the studio output into the hospital system so patients could here us.

What is disappointed, my blind friend has been a volunteer for over 5 years and myself for over 10 and my wife 15 years service. At the AGM my wife and I were to be presented with long service awards which ahve since been mislaid by the commitee. Perhaps I should get Victor the guide dog to sniff them out.

To be honest not sure if I want the long service award now.

The disability rights people think I might be coverd by the same rules that apply to employers. My friend I feel there is no need for adjustments, if any to label the faders in brail which he is happy to do himself. We know where the phone is and how to use it, again my friend is happy to put the number in brail on the wall so he can find it. It is already large print and the faders are colour coded, so I can see them.

The only time I use the pc is for jingles and programme trailers which I use a magnyfying glass for. We feel all adjustments are in place and because it is a charity, we happily made the adjustments ourselves.

I think it is the usual I do not ubderstand so I think you are a problem attitude.

[Anne B]

Gareth

That is really bad. What do the patients do if there is a fire? As you say yuor friend knows the building probaly more than some of the patients. Also the building is full staff who would help if help was needed. I take it your friend can hear ok and would hear a fire alarm.
This is not good. I would threaten them with the local paper, if its anything like our local paper they would have a field day.
Hope it works out well for you all.

Anne

[Andrew MacLean]

Gareth

You are sure to have a sense of betrayal. I am sorry that this has arisen.

Andrew

[rosemary johnson]

SOrry to hear this is happening.
It sounds like the cinemas who won't let disabled folks go to see films because we're a "fire risk"!

The Disability Discrimination Act covers:
- employees, right to protection in employment and need for appropriate adjustments
- provision of goods and services
- education/training (in a section with its own acronym that I forget off-hand.

If you were an employee at the hospital, you'd be covered by the employment section.
If you were a patient, you'd be covered under the public buildings and provision of goods and services.

voluntary work is another matter, and I think could be a grey area. I suspect for something like running a radio studio, you have definite training and skills you need, and make a commitment to turning up for your shifts on schedule, etc etc, so it could be argued you make a commitment not unlike a commitment to a contract of employment - just without the money.
SO it might cover you.
BUT - the DDA doesn't make it illega not to employ a certain disabled person in a certain job, nor to prevent them working in certain circumstances. it is permissible under the act to say that a certain working environment is too dangerous.

Do you have anything like a local RNIB group, or local SOciety of the Blind, who might intervene?

Good luck with it anyway! - and do keep us posted. You could yet be a test case.
Rosemary

[GarethB]

Rosemary,

Thanks for your detailed response, my initial chat with the DDA think that I would be coverd just as I am at work.

The blind person at the Hospital Radio is the local RNIB Chairman for Rugby!

He is claryfying the position too, we are hoping to get the same response, me from the DDA and he is taking it further with the RNIB.

If both concur we have a strong case due to the information being independantly sought from seperate sources.

Will let you all know how it goeas as I feel it has an impact on us all.

[james mckinlay]

THAT IS NONSNESE ID CONTACT THE RNIB FOR A START THEY WOULD LOVE THIS ONE ALSO CONTACT THE DDA AS ITS 100% AGAINST THE LAW WHAT THEY R DOING I HAD LOADS OD EXPERIENCE OF THIS AND I STILL GET IT FROM PLACES AS IM BLIND IN ONE EYE NOW AS SOON AS THEY HEAR 3 MAGIC LETTERS DDA THEY CRUMBLE TO DUST BECAUSE THEY KNOW THEY R IN FOR IT

KEEP US POSTED

MANY THANKS JAMES

PS I USED TO WORK WITH DISABLED PPL SO THATS WHY I KNOW ITS ILLEGAL

[GarethB]

James,

Will keep you posted, voluntary work appears to be where the rey area is.

Reason being, many volunteer to help charities that are doing someting for them sucjh as KC patient supporting others and raising money for the group.

Someone supportng a charity that does something completely differnet may not they can accomodate others.

That's my problem, the way the situation has been handled.

[John Smith]

I actually remember reading that a charity is allowed to discriminate IN FAVOUR of people with the condition that is supported by the charity.

So for example, if we were to go hiring, we'd be allowed to employ someone with KC who isn't very good rather than an excellent candidate without KC.

I'm sure that bit of the DDA (amongst many others) could help you Gareth!

Let us know how you get on.