HAZARD

[joboy]

I am 82 and confined to a motorised wheelchair awaiting a double knee replacement but the surgery will not take place until a longstanding ulcer on my left ankle is healed.
To this end it was necessary to have an angiogram of both legs.
It was arranged for me to see an angiogram service provider with an assurance that there was wheelchair access ......... which there was but not for motorised wheelchairs as such chairs are not equipped to handle steps as there is no provision on such chairs (such as handles) for 'angling' and lifting the front wheels to address even the smallest of steps which could easily be done if a person was in a 'non motorised' wheelchair.
There was a step that was about 7cm high and in order to gain access it was necessary to adjust the wheelchair height to step top level and,with the assistance of 3 men stand, and be held firmly and find something to hold onto until the wheelchair could be lifted behind me so that I could sit down.

It does not end there as in order for me to be processed it was necessary for me to stand which I can do for short periods.
However the standing process was at the top of a 'two step' free standing gadget which I could not climb ........ so I was sat on an adjustable height narrow couch (with paper spread on it) and the bed was raised so that I could stand on the top step of the 'two step' gadget which I did ........ with the assistance of two men.
The step which was 12cm wide was covered with paper before I stood on it.
One strong man steadied me whilst during the procedure which took about 25 minutes and it was necessary to turn 180o so that the back of my legs could be accessed.
This was very harrowing as the paper on the 12cm top step made the process very very dangerous for me to turn without slipping ........ but it was accomplished and I was able to sit on the dangerous 'paper covered' narrow couch until I was able to remount my wheelchair and go through the hazardous task of getting out of the premises in reverse so that the wheelchair could be manhandled by 3 men over the 7cm high step.
I took note that everything was in OH&S order for the operator who sat in an adjustable height chair but there was nothing for a person in my condition.
I have read the OH&S regulations applicable to NSW and am dismayed at the meagre amount of information for people in my situation.
Below is an extract from NSW OH&S which is currently applicable.
......................................................................................................
Occupational Health and Safety Act 2000 No 40 (extract)

Part 2 Duties relating to health, safety and welfare at work

Division 1 General duties

8 Duties of employers

(1) Employees
An employer must ensure the health, safety and welfare at work of all the employees of the employer.

That duty extends (without limitation) to the following:

(a) ensuring that any premises controlled by the employer where the employees work (and the means of access to or exit from the premises) are safe and without risks to health,

(b) ensuring that any plant or substance provided for use by the employees at work is safe and without risks to health when properly used,

(c) ensuring that systems of work and the working environment of the employees are safe and without risks to health,

(d) providing such information, instruction, training and supervision as may be necessary to ensure the employees’ health and safety at work,

(e) providing adequate facilities for the welfare of the employees at work.

(2) Others at workplace
An employer must ensure that people (other than the employees of the employer) are not exposed to risks to their health or safety arising from the conduct of the employer’s undertaking while they are at the employer’s place of work.

Note. See section 12 for the penalty for an offence against this section and other provisions of this Division. Division 4 makes ancillary provision with respect to those offences, including:

(a) section 26—liability of directors and managers of corporations,

(b) section 28—defence that compliance not reasonably practicable etc.

See also Division 2 for duty of employer to consult employees.
............................................................................................................
As you will see from the above and the balance of the regulation the emphasis is upon the safety of employees whilst disabled people are left to face the following unexpected terrors.
1) access to a wheelchair accessable premises which are hazardous with a motorized wheelchair.
2) a 'two step' paper covered contraption that had steps that were about 12cm wide which was hazardous because of the narrowness and the paper cover.My shoes are size 12 and overlapped the steps considerably.Turning on this was most distressing.
3) the paper covered couch again was a major hazard as the paper was slippery upon the vinyl couch covering.
I understand that the paper is there on the steps and the couch to protect the workplace employee but it does nothing at all except terrorize a disabled person and this concern should be immediately addressed.
Finally I would add that the sole employee in that workplace was a young female who would have been totally unable to prevent a person from falling in such a situation particularly if that person was as heavy as I am.

[industrystandard]

Occupational Health and Safety only applies to employees. You probably need to have a look at the NSW Anti-discrimination Act.

[Administrator]

NSW Lawlink - Anti-Discrimination Law

[joboy]

Occupational Health and Safety only applies to employees. You probably need to have a look at the NSW Anti-discrimination Act.

No it does not ......... read what I originally said (extract follows);
(2) Others at workplace
An employer must ensure that people (other than the employees of the employer) are not exposed to risks to their health or safety arising from the conduct of the employer’s undertaking while they are at the employer’s place of work.
I am afraid that disabled people are lumped in with others.
Joe

[joboy]

NSW Lawlink - Anti-Discrimination Law

I cant agree with discrimination ............ I just dont think that disabled people are taken into consideration with the OH and S regulations.
Joe

[Administrator]

Hi there joboy,

I came across this link which is NSW based and may be of some help, or if not, the folks there may be able to point you in the right direction:
The Physical Disability Council of NSW Inc

They seemed to have quite a bit of info on their site, as well as in their Latest News section with updates on accessibility issues, etc.

[joboy]

Hi there joboy,

I came across this link which is NSW based and may be of some help, or if not, the folks there may be able to point you in the right direction:
The Physical Disability Council of NSW Inc

They seemed to have quite a bit of info on their site, as well as in their Latest News section with updates on accessibility issues, etc.

I did contact PDC of NSW Inc in March when I was out of hospital for a brief spell and this was their response;
...............................................................................................................................
Hello Joe,

Thank you for your detailed notes regarding your experience accessing the angiogram specialist. I have forwarded your notes to the systemic team here at PWD in case they are of use to their work.

I have also updated the details in our database to reflect your name now. Take good care Joe.

kind regards,

Craig Andrews
Information and Liaison Officer
People with Disability Australia Incorporated

PO Box 666, Strawberry Hills, NSW 2012
Ph: (02) 9370 3100
Fax: (02) 9318 1372
TTY: (02) 9318 2138
Toll Free: 1800 422 015
www.pwd.org.au

..............................................................................
I have heard nothing since ........... however I do note that they are NSW Govt. funded and I think this may be a good reason for them not to 'Rock the Boat'
Joe
PS .............. the statement that they updated their database to reflect my name was because my wife,who was a long standing member,died last December after 50+ years with MS.
Yes,I have had many tears of caring and being an advocate.

[Administrator]

So PDC didn't or couldn't offer any clarification?

Have you tried writing to your local member? (openly CC in at least one person) and see if you can get a useful response.

joboy, so sorry to hear about your wife - and yes, being a carer and advocate in the care sector is extremely challenging. We've each a story to tell here at ACC - that's why the website http://www.agedcarecrisis.com was setup.

[joboy]

So PDC didn't or couldn't offer any clarification?

Have you tried writing to your local member? (openly CC in at least one person) and see if you can get a useful response.

joboy, so sorry to hear about your wife - and yes, being a carer and advocate in the care sector is extremely challenging. We've each a story to tell here at ACC - that's why the website http://www.agedcarecrisis.com was setup.

Thank you for your response ............ I should correct my previous mail so for 'tears' please substitute 'years' although there were many tears too.
The following is a rundown of where I am now with this;
.........................................................................................
1st contact
To WorkCover Authority of NSW 1st June 2010
...........................................................................
I am concerned about the safety of invalid and wheelchair bound people when obliged to attend practitioners premises for the purpose of imaging and xrays.
My own experience (several occasions) has been terrifying and I feel that in the interest of many others the matter should be ventilated.
............................................................................
Response to 1st contact 1st June 2010
Good Afternoon,
Thank you for your recent email enquiry.
Employers and controllers of premises have obligations based on the extent of their control.
A controller of premises must identify any foreseeable hazard arising from the premises, which includes the potential to harm the health and safety of any person using, accessing or egressing (exiting) the premises.
The controller must assess the risk of harm arising from this hazard and eliminate any risk.
An employer has a general duty of care to provide a safe workplace. That duty includes ensuring that any premises controlled by the employer (including the means of access to or exit) are safe and without risks to health and safety.
The issue of responsibility for dealing with a health and safety issue relating to access and egress to a workplace will depend upon who has control of access and egress.
If you wish to lodge a workplace complaint, please contact the WorkCover Information Centre by phoning 13 10 50.
Regards
Judy Battese
On behalf of Contact Mailbox
..........................................................................................................
I did phone 13 10 50 on 3 June 2010 and was advised to contact info@safeworkaustralia.gov.au which I did and got this response;
From: Safe Work Australia General Information
To: 'Joe Twitchin'
Cc: Safe Work Australia General Information
Sent: Thursday, June 03, 2010 4:18 PM
Subject: RE: OH&S as applicable to disabled people

Hi Joe
Thank you for your enquiry.
Safe Work Australia is not a regulatory authority and does not make or enforce laws. It is the responsibility of each state or territory in Australia to make and enforce their own Work Health and Safety (WHS) laws. You will need to contact your local WHS authority to find out what regulations apply in your state or territory. For your convenience I have attached a link to all WHS authorities in Australia if you wish to contact them safeworkaustralia.gov.au - OHS Contacts
If there is anything else you require please do not hesitate to contact me.
Kin Regards,
Alex.
...............................................................................
After writing this to the chairperson of chair@safeworkaustralia.gov.au <chair@safeworkaustralia.gov.au> I got this response;
I write this in order to determine whom I should contact with regard to a circumstance that is hazardous for disabled people and the attached is a copy of dialogue which I have had over the past few days which is leading me nowhere.
If you would kindly look at it and advise it would be greatly appreciated.
Joe
........................................................................................................
The attachment sent was;
1st contact
To WorkCover Authority of NSW 1st June 2010
...........................................................................
I am concerned about the safety of invalid and wheelchair bound people when obliged to attend practitioners premises for the purpose of imaging and xrays.
My own experience (several occasions) has been terrifying and I feel that in the interest of many others the matter should be ventilated.
............................................................................
Response to 1st contact 1st June 2010
Good Afternoon,
Thank you for your recent email enquiry.
Employers and controllers of premises have obligations based on the extent of their control.
A controller of premises must identify any foreseeable hazard arising from the premises, which includes the potential to harm the health and safety of any person using, accessing or egressing (exiting) the premises.
The controller must assess the risk of harm arising from this hazard and eliminate any risk.
An employer has a general duty of care to provide a safe workplace. That duty includes ensuring that any premises controlled by the employer (including the means of access to or exit) are safe and without risks to health and safety.
The issue of responsibility for dealing with a health and safety issue relating to access and egress to a workplace will depend upon who has control of access and egress.
If you wish to lodge a workplace complaint, please contact the WorkCover Information Centre by phoning 13 10 50.
Regards
Judy Battese
On behalf of Contact Mailbox
..........................................................................................................
I did phone 13 10 50 on 3 June 2010 and was advised to contact info@safeworkaustralia.gov.au which I did and got this response;
From: Safe Work Australia General Information
To: 'Joe Twitchin'
Cc: Safe Work Australia General Information
Sent: Thursday, June 03, 2010 4:18 PM
Subject: RE: OH&S as applicable to disabled people

Hi Joe
Thank you for your enquiry.
Safe Work Australia is not a regulatory authority and does not make or enforce laws. It is the responsibility of each state or territory in Australia to make and enforce their own Work Health and Safety (WHS) laws. You will need to contact your local WHS authority to find out what regulations apply in your state or territory. For your convenience I have attached a link to all WHS authorities in Australia if you wish to contact them safeworkaustralia.gov.au - OHS Contacts
If there is anything else you require please do not hesitate to contact me.
Kind Regards,
Alex.
...............................................................................
After which I got this;
.................................................................................
Hi Joe,
Upon further consideration of your enquiry it would appear this practice is more appropriately prescribed under Health Regulations. You could try contacting the NSW department of health, for which I have provided you with a direct link to the hospital/healthcare concerns section of their website.
http://www.health.nsw.gov.au/hospitals/healthcare/
I apologise for the delay in my response and hope this information is of assistance to you.
Thanks
Alex.
........................................................................................
So you will see that I am getting the 'runaround' by people who are extremely skilled at the art.
I have written to http://www.health.nsw.gov.au/hospitals/healthcare/ (yesterday) and as yet there has been no response so watch this space.
I hope for the best but dont expect any more than another 'flick pass'.
It occurs to me that I am disturbing too many 'comfort zones' out there.
What I am doing is purely out of altruism for those who subscribe to this site ............. I shall never go through those hazards again ........'once bitten --- twice shy.
I guess writing to the local member might help but it is her (Maxine McKew) government that I would be disturbing and they seem to have a lot on their plate at the moment to be of any use.Maybe the opposition local member? ........ I'll think about that.
Good Luck and take Great Care,
Joe

[Administrator]

joboy - you are very resourceful. And yes, we are also well versed with getting the runaround from government departments ourselves.

I would try and write to your local member - copy in the opposition member.

If that doesn't work - or if there is no response, then perhaps you could let your local community newspaper or a large news publication know? At the end of the day, it seems that negative media attention seems to be one of the factors that politicians respond to - and not the community!

I'm sure that a savvy journalist looking to do a story on the lack of services - for people in your situation, would be of interest? This would be affecting quite a number of the population, and wouldn't be as "isolated" as the pollies may think.

Let me know if you need some contacts with the media and we'll check our list - we are in constant contact with media, as they often come to us for information.....