Legal Overview

Emergency Evacuation Procedures Emergency Evacuation falls under a number of both Federal and State legislation. For example the Occupational Health and Safety Act 2004 (s.20) indicates that employers must eliminate risks to health and safety so far as is reasonably practicable; and if it is not reasonably practicable to eliminate risks to health and safety, to reduce those risks so far as is reasonably practicable.

The reasonably practicable definition looks at a) the likelihood of the hazard or risk concerned eventuating; the degree of harm that would result if the hazard or risk eventuated; what the person concerned knows, or ought reasonably to know; the availability and suitability of ways to eliminate or reduce the hazard or risk; the cost of eliminating or reducing the hazard or risk.

Government Authorities advice typically is:
“Generally speaking if a person is physically disabled the procedure is to leave them in a safe place on the floor with another employee staying with then. If they then need to be physically evacuated from the building, the person is removed from the workplace by the fireman attending the premises. WorkSafe has some physically disabled persons and this is the procedure we adopt.

If it was decided by the Fireman that a disabled person was required to be moved from a particular level they, as part of there training, would move the disabled person to a safe level below the level the fire is on. There would generally not be a need to completely move the person out of the building entirely.”

This policy is dangerous for both the individual and designated employee that has to stay with them. It is also Discriminatory as it treats an individual requiring assistance in evacuation "Less Favourably"

All organisation must meet both their Occupational Health and Safety Act and Disability Discrimination Act obligations in providing safe and equitable evacuation?

Commonwealth Disability Discrimination Act

The following sections of the Australian Disability Discrimination Act are those that relate to premises.

Section 3 : Objectives of the DDA

The DDA seeks to:

1. Eliminate discrimination against persons on the grounds of disability in:

work, accommodation, education, access to premises, clubs and sport; and

the provision of goods, facilities, services and land;

2. Ensure that persons with disabilities have the same rights to equality before the law as the rest of the community; and

3. Promote recognition and acceptance within the community that persons with disabilities have the same rights as the rest of the community.

Section 4 : Definitions

'accommodation' includes residential or business accommodation.

'disability', means:

total or partial loss of the person's bodily or mental function;

total or partial loss of a part of the body;

the malfunction, malformation or disfigurement of a part of the person's body;

a disorder. Illness or disease that affects a person's thought processes, perception of reality, emotions or judgement or that results in disturbed behaviour;

'associate' denotes:

a spouse or other relative,

a co-habitee,

a carer,

a sporting, recreational or business companion, partner or colleague.

Section 5 : Direct Discrimination: less favourable treatment

Discrimination occurs if, because of a person's disability, the person is, or is proposed to be, treated less favourably than a person without the disability.

Section 6 : Indirect Discrimination: unreasonable terms & conditions

Discrimination occurs if, because of a person's disability, the person is required to comply with a requirement or condition:

with which a substantially higher proportion of persons without the disability do or can comply; and

which is not reasonable; and

with which the person does not or can not comply."

Sections 7 & 8 : Discrimination: use of devices & aids

Discrimination occurs if a person who has a disability is treated less favourably because he or she is accompanied by

a palliative or therapeutic device or auxiliary aid,

an interpreter, reader, assistant or carer,

a seeing- or hearing-guide dog (or other animal)

Section 10 : Contributory reasons for discrimination

If an act is done for 2 or more reasons; and one of the reasons is the disability of a person (whether or not it is the dominant or a substantial reason for the act) then the act is regarded as being done for The disability-related reason.

Sections 15 & 17 : Discrimination in employment

A prospective or current employee (or contract worker) must not be discriminated against because of the person's disability, or the disability of any associate:

in the terms or conditions in which the employment is offered or afforded

by denying access to or limiting the availability of benefits associated with employment

by subjecting the employee (or contract worker) to any other detriment.

Section 23 : Discrimination in access to & use of premises

Unless unjustifiable hardship applies, a person must not be discriminated against because of the person's disability, or the disability of any associate:

by denying access to or use of public premises;

in the terms or conditions for entry or use of such premises;

in the means of access to such premises;

by denying the use of public facilities in such premises;

in the terms or conditions for use of such facilities;

by being required to leave such premises or cease to use such facilities.

Discrimination is allowed if premises are existing, and alterations required to make them accessible would impose unjustifiable hardship on the person providing the accessibility.

Legalities