Common Escape

[GB]

I have a 4 storey property, shared tenancies on each floor, landlord responsible for common escape. Tenant has conducted RA, has no staff with special needs but recently had a client enquire to utilise their services who used a wheel chair.

There is a lift to access the third floor (not a fire lift) where the client is based which is provided obviously by the landlord - is the tenant or the landlord responsible for providing suitable means of escape for the person with mobility impairments i.e who pays for the evac chair? The tenants is willing to train their staff to use the evac chair but don't want expense of purchase.

[jokar]

An evac chair may not be a suitable method for some wheelchair users, some do not wish to be removed from their chairs.  The DDA is a civil action piece of legislation and therefore employers or service providers have to take reasonable steps to provide for people with disabilities.  The RR(FS)O requires that RP's cooperate and coordinate with each other to provide that Fire Safety Duties within the Order are covered and this wouls include means of access and escape.  As difficult as it is, and it is very difficult, together they need to prepare and evacuation plan that allows all users to escape from the premises.  This may mean a risk assesssed use of the lift, a different evacuation strategy or an alternative method which restricts access to users that are not wheel chair users.  This may be deemed reasonable if the service provider can demonstrate that they are not discrimating against those in wheelchairs.  For example a dentist could visit a person at home if access and egress was difficult in the workplace.  As regards who apys that requires a legal interpretation with regard to the lease agreement.

[Ken Taylor]

This issue is likely to arise with the other tenants in future as disabled persons aren't selected for employment, existing staff become disabled, other disabled clients raise concerns, etc. The procedures set out by Jokar for producing the necessary strategies need to be addressed and reasonable measures taken. Consideration could also be given to upgrading the existing lift to, or near to, evacuation lift standard for use by designated management on a risk assessed basis.

[kurnal]

There is a strong case for all to contribute. The landlord has provided the lift, as a responsible person he also must make an effective plan for the evacuation of persons who use the lift but cannot use the stairs. The tenant invites the client into the building and so is responsible for their safe evacuation.
They should cooperate with each other.
See guidance document no 12 on the communities.gov website for more information.

An evac chair is probably ok for about 80% of wheelchair users - but for the other 20% providing the service in another way is probably the only practicable way of ensuring adequate safety and the building emergency plan should recognise this, and staff trained to the plan.

[Brian Catton]

Has the disabled person been consulted and a Personal Emergency Evacuation plan prepared? This may be the answer so that all possibilities can be explored and a solution found. I think that a combination of applying the Guidance in the supplementary guide together with recognising the ability of the disabled person could provide answers.

[Mr. P]

Having an employee with disability is more straightforward, as you RA and plan on known conditions, restrictions and matters available with the employee. Having visitors who are disabled is more difficult as RA may only be able to be conducted at time of visit.  A check list as a flow chart may help. You will obviously need staff who are willing, trained and capable of being nominated as RP's to assist in emergency.  You may need to consider staged evacuation with/by use of a dedicated/appropriate refuge area/point (i.e. in protected stairway at point not obstructing exits etc.). I do not have a personal plan but will try to pilfer from a man who does subject to plagerism.

[AnthonyB]

We always put the provision of chairs, PEEP's & training onto the tenants - it's their employee or person being provided with a service.

All the landlord does is ensure that any refuge areas are signed & communicated to tenants & that they allow any reasonable adjustments to facilitate escape

[GB]

Thanks all.

Mr P would be good to see an example of a personal plan.

Kurnal have looked at the link - very helpful thanks.