ESA - specific legal definitions of items in the WCA

  • 2 Replies
  • 1222 Views

RoseRodent

  • *
  • Charter Member
  • Diamond member
  • ****
  • Posts: 390
I have already downloaded the big guides from B&W but they don't have the level of detail I am familiar with because of the lack of test cases. Does anyone know what type of surface we should be considering when answering how far we can mobilise? I know it says a level surface, but level indoors, level outdoors, level hard floor or level with carpet? It's really critical for me, as any type of industrial carpet makes me able to push a manual wheelchair three rotations of the tyres before I am knackered. A hard floor I am the next level up. If I am allowed to assume a carpet, as found in almost all workplace situations, I should be going for support group.

Similarly, what is an "Adjustable chair", legally speaking? I can sit without absolutely excruciating pain (i.e. it's still pretty darned painful!) for the requisite period in my own wheelchair, custom measured and designed and built for me, but that's not the same as a chair which is merely adjustable. How adjustable is the legal chair upon which we should base our answers? Do I presume a standard style of office chair with height, depth and back heigh adjustment and nothing more? If so, I can sit on it for zero seconds before I'm in pain!

Please don't guess, these are important to get right, I know people will have lots of opinions on what ought to apply, but I'm tryint to establish what is the accepted legal definition which is likely to apply at a tribunal if necessary. I have many guesses as to what could, would or should constitute a "level surface" but I need to know what they have chosen, whether they are ridiculously assuming a perfect polished floor everywhere we ever go or if I can use the standard type of floor found in their 'gold standard' workplace, a call centre.

Monic1511

  • *
  • Moderator
  • Hero Member
  • *****
  • Posts: 2473
Hi Rose

I don't know the exact legal terms for the surface as its just a flat leval service.  You would really need to research the commissioners decisions and I don't read these as I don't represent at tribunal.

For all of the questions you would need to explain on the form that you could self propel the 50 m on a flat lino surface but not a carpet.  I recall the WRO's tal;king about how the tribunal wouldn't consider that the person couldn't mobilise in snow.

I think the problems are that a lot of this hasn't been challenged yet although I could be wrong because I don't spend time reading comissioners decision.
Monic

Sunshine Meadows

  • *
  • Global Moderator
  • Super Hero Member
  • *****
  • Posts: 8009
Rose,

Sorry I missed this thread. Just a quick comment for now though because its late. i will try to return tomorrow.

Quote
Similarly, what is an "Adjustable chair", legally speaking? I can sit without absolutely excruciating pain (i.e. it's still pretty darned painful!) for the requisite period in my own wheelchair, custom measured and designed and built for me, but that's not the same as a chair which is merely adjustable. How adjustable is the legal chair upon which we should base our answers? Do I presume a standard style of office chair with height, depth and back heigh adjustment and nothing more? If so, I can sit on it for zero seconds before I'm in pain!

I think the assumption would be made that you can work sitting in your wheelchair. This is what I did because even though I could sit in a office chair I felt vunerable/naked without the mobility