Disabled workers

Your legal responsibility

When you do your workplace risk assessment, you must think about the specific risks to disabled workers and take steps to remove or reduce them.

Which laws apply?

• Section 2(1) and 2(2) of the Health and Safety at Work etc. Act 1974
• Section 4(1) and 4(2) of Health and Safety at Work (Northern Ireland) Order 1978)
• Reg 3 of the Management of Health and Safety at Work Regulations 1999
• Reg 3 of the Management of Health and Safety at Work Regulations (Northern Ireland) 2000

What is a disability?

The Equality Act 2010 defines a disabled person as someone with a physical or mental impairment that has a substantial and long-term negative effect on their ability to carry out normal day-to-day activities.

However, certain conditions automatically count as disabilities under the Act, including cancer, HIV infection, multiple sclerosis (MS), diabetes, heart conditions, significant mobility difficulties, and mental health or learning difficulties.

The Act also considers a person certified by a consultant ophthalmologist as blind, severely sight impaired, sight impaired, or partially sighted to be disabled.

Identifying a disability isn't always simple as it is not obvious —for instance, some employees may use implanted medical devices. These can include active devices such as pacemakers or neurostimulators, passive devices like orthopaedic joints, pins, or stents, or body-worn equipment such as hearing aids, insulin pumps, or medication patches.

Reasonable adjustments

Along with your duty under health and safety law to remove or reduce risks to disabled workers, you also have a duty under the Equality Act to make reasonable adjustments so that they're not placed at a disadvantage because of their condition.

These adjustments should be discussed with the employee, as the support needed will vary depending on the individual's specific condition, even when workers share the same disability. Reasonable adjustments could include things such as modified duties, assistive devices, or flexible working arrangements.

Risk assessments

The risk assessment you carry out should follow the 5-step approach to risk assessments as recommended by the Health and Safety Executive.

When carrying out a risk assessment for a disabled employee, you should take into account both general workplace risks and additional factors related to their specific disability.

For example, consider:

• Individual needs – Understand the employee's particular condition, symptoms, or limitations, as even employees with the same disability may require different adjustments. Discuss the assessment and potential adjustments with the employee to ensure their needs are fully understood.
• Workplace environment – Check whether physical aspects of the workplace (stairs, lighting, temperature, ventilation, noise, workstation setup) could create hazards or exacerbate symptoms.
• Access and mobility – Ensure safe access to work areas, toilets, rest areas, and emergency exits. Consider the use of ramps, lifts, or adapted furniture.
• Work equipment – Ensure that tools, machinery, or technology can be safely used by the employee, and consider if adaptations are required.
• Work organisation – Consider work hours, breaks, workload, and tasks. Flexible scheduling or job rotation may be necessary.
• Emergency procedures – Ensure disabled staff can evacuate safely in an emergency, including providing personal emergency plans where needed.
• Support and supervision – Identify if extra training, supervision, or support from colleagues is required.
• Review and update – Regularly review the risk assessment for disabled employees, as their needs or workplace conditions may change over time.