D.R.C. Health and Safety Consultation Report

21 st March 2006

The Disability Rights Commission (DRC) and the Health & Safety Executive (HSE) partnership are looking for an agreed code of conduct and promotion of good practice when undertaking risk assessments for disabled employees and new recruits. There were six national consultation events and the Co-ord was involved with them.

The following draft principles have been developed by the HSE and the DRC. This action is because of joint concerns arising from health and safety risk assessments when these are used to assess disabled individuals.

1. We believe it is the right of all disabled people and people with long term health conditions to be treated with respect and dignity when participating in Health & Safety risk assessments. This includes the right to be actively involved in these assessments in order to influence the assessment outcomes
   
2. All risk assessment reports should provide clear recommendations about reasonable adjustments that can be made within the workplace setting.

1. All risk assessment systems should demonstrate a clear commitment to the Social Model of Disability. This means emphasis should be placed on assessing and making recommendations for change to the environmental factors which unless addressed can lead to the exclusion of disabled people or those with long term health conditions,
   
2. Health and Safety and risk assessment procedures should not be used as a barrier to the inclusion of disabled people or people with long term health conditions in any work settings The HSE & DRC believe that Health and Safety legislation and the Disability Discrimination Act are not conflicting pieces of legislation. We believe that, except in exceptional circumstances, legislation should not be used to justify discriminatory or unequal treatment of any individual on the grounds of their disability or long term health condition.
   
3. We believe that legislation should not be used to justify discriminatory or unequal treatment of any individual on the grounds of their disability or long term health condition.
   
4. It is a fundamental right of the disabled individual to expect effective and enabling management of any risk assessment process. This includes monitoring, review and audit.

1. The DRC & HSE acknowledge that it is a personal choice and fundamental right of the individual to choose whether or not to disclose personal information relating to their disability. Employers should work hard to develop an environment in which employees or potential employees feel safe and supported to disclose and discuss the impact of their disability or long term health condition.
   
2. Individuals who are the subject of risk assessment should be encouraged to share relevant information about the personal management of their impairment or health condition. However, they should not be expected to act as a specialist in relation to that condition. Where required, it is the duty of employers to seek further advice on impairment related management issues.

Any comments or suggestions are welcome, back to the website or directly to safety@cwumswl.org