Disabled persons Regulations

It is a requirement of the Building Regulations 1985, Schedule 2, to provide facilities for disabled people. Where provision within industrial buildings for elderly persons are required, reference should be made to the DSS. Consideration should also be given to providing water at lower temperatures to appliances exclusively for used by elderly and/or disabled persons. 

In 2002 a new Regulation 25a was added stating that where necessary, those parts of the workplace (including in particular doors, passageways, stairs, showers, washbasins, lavatories and workstations) used or occupied directly by disabled persons at work shall be organized to take account of such persons. 

It is estimated that at least 15 million persons in the United States have osteoporosis. The sites of osteoporotic fractures most commonly are the vertebra and hip, though the forearm and wrist are also involved. A bone fracture in an elderly person is imdesirable because it leads to periods of disability. In addition, about 10% of the fractures of osteoporosis are fatal. Osteoporosis results from the continued activity of osteoclasts but reduced activity of osteoblasts. Hence, the disease involves a lack of coordination in the rates of bone resorption and formation. The biochemical basis for this imbalance is not clear because of the complexity of the mechanisms controlling the activities of bone cells (and of all other cells). At least a dozen growth factors are used to regulate bone cells. 

Questions relating to working capacity are regulated in the WIA Act. Its major parts entered into force on 29 December 2005. Like the Disablement Benefits Act (WAO),51 the personal scope of the WIA Act mainly refers to compulsorily insured employees (Art. 7[1] WIA Act), providing benefits and (other) rights and duties applicable to persons who have become disabled after 1 January 2004. In so far,... 

REASONABLE ACCOMMODATION AND GOOD FAITH EFFORT—In cases where a discriminatory practice involves the provision of a reasonable accommodation pursuant to section 102(b)(5) of the Americans with Disabilities Act of 1990 or regulations implementing section 501 of the Rehabilitation Act of 1973, damages may not be awarded under this section where the covered entity demonstrates good faith efforts, in consultation with the person with the disability who has informed the covered entity that accommodation is needed, to identify and make a reasonable accommodation that would provide such individual with an equally effective opportunity and would not cause an undue hardship on the operation of the business. 

A) GENERAL RULE—Except as otherwise provided in this subsection with respect to individuals who use wheelchairs, it shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a person to purchase or lease any new rail passenger cars for use in intercity rail transportation, and for which a solicitation is made later than 30 days after the effective date of this section, unless all such rail cars are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under section 244. 

Every accident must be reported to an employer and minor accidents reported to a supervisor, safety officer or first aider and the details of the accident and treatment given suitably documented. A first aid log-book or accident book such as that shown in Fig. 1.34 containing first aid treatment record sheets could be used to effectively document accidents which occur in the workplace and the treatment given. Failure to do so may influence the payment of compensation at a later date if an injury leads to permanent disability. To comply with the Data Protection Regulations, from 31 December 2003 all first aid treatment log-books or accident report books must contain perforated sheets which can be removed after completion and filed away for personal security. 

This Act deals with, inter alia, the benefits paid to workpeople who are unable to work due to disability, illness or injury. In the last circumstances regulations under this Act require an employee who suffers personal injury by accident at work to inform his employer immediately (either orally or in writing) or as soon as possible, after the accident occurred. 

In addition to Approved Document B the Building Regulations also provide direction on access to and use of buildings in Approved Document M for all persons, but particularly those with disabilities. 

The Workplace (Health Safety and Welfare) Regulations, Disability Discrimination Act and Discrimination (Employment) Regulations all require arrangements to be established to ensure all persons can safely gain access and use facilities and do not differentiate these requirements from those required in the event of an emergency. 

Part M Access and Facilities for the Disabled - this requires switches and socket outlets in dwellings to be installed so that all persons, including those whose reach is limited, can easily reach them. The recommendation is that they should be installed in habitable rooms at a height of between 450 and 1200 mm from the finished floor level, as shown in the Electricians Guide to the Building Regulations. 

Section (3) deals with enforcement and makes it a duty of the individual to comply with any regulations issued under the Act, the breach of duty being actionable. In addition, non-compliance carries with it certain statutory financial penalties, and possibly imprisonment for a maximum term of three months. It is also interesting to note that the Act defines personal injury as including disease or disability . 

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