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DDO : Challenges and Opportunities for FM
Loretta Tang |
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While learning from the western countries their experience in promoting a barrier-free environment through the help of legislation, it is worth noting that HK is also one of the pioneer regions to advance in the same direction. We have a similar law. Having similar coverage though expressed and launched differently, these laws have catalyzed changes for a barrier-free environment for all. Nevertheless, the implementation in HK is lagging. Starting with a general background of the disability laws in UK and HK, this article tries to stimulate your thoughts to explore the challenges and opportunities for FM professionals in HK.
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The Legislation
The Disability Discrimination Ordinance (DDO) in HK was enacted in 1995, the same year when the Disability Discrimination Act (DDA) was enacted in UK . Both the DDO and DDA signalled a significant shift towards civil rights approach in addressing human rights of persons with disabilities (PWDs).
DDA in UK covers employment, access to services, education, transport and housing. The country has adopted a gradual system with different rights under the law implemented by stages. The rights of access came into force by three stages, in December 1996, October 1999 and finally in October 2004. It was a strategic way to allow sufficient time for adequate changes to be made before being tested by the law. Additionally, the UK Parliament established the Disability Rights Commission in April 2000 to help implement the DDA. It works with the PWDs, employers and service providers to find practical solutions for everyone. The lesser the dynamics, the greater the support would be. People understand the issues quite well. For example, there is the acceptance by the general public that those with limited mobility are much fewer than those with limited vision and hearing, or those with learning difficulties. Resources for changes in different areas are rationally prioritised and justified.
Here in HK, the DDO came into force in May 1996 and the Equal Opportunities Commission (EOC) administering the law was established on the same day. The complexity and comprehensiveness of the law may make DDO more difficult to cope with than the UK legislation. Besides DDO, the EOC is also responsible for implementing other anti-discrimination legislation, the Sex Discrimination Ordinance, the Family Status Discrimination Ordinance, and probably the race law in the near future which is actively discussed by the Legislative Council. Its focus is more on the regulatory function and the general mainstreaming of equal opportunities.
Unlike building regulations, which were drafted largely based on the British standards, the DDO was modelled from the Australian Disability Discrimination Act 1992. DDO protects PWDs against direct and indirect discrimination, harassment or vilification in the areas of :
| • employment |
| • education |
| • access to, disposal and management of premises |
| • provision of goods, services and facilities (including transportation) |
| • clubs and sporting activities |
| • government activities (e.g. election) |
| • practising as a barrister |
Except the very last item, due care expected is within the remit of FM to ensure compliance with the law and functionality of the built environment concerned, including but not limited to workplaces, schools, residential and commercial buildings, hospitals, shops, restaurants, clubs and sports centres, poll stations, etc.
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Requirements under DDO
As PWDs are empowered by law to request for a barrier-free environment or the provision of facilities, goods and services that facilitates them as employees, students or customers, etc. in respect of equal opportunities, how much you know about your stakeholders and clients becomes exceptionally crucial.
Reasonable accommodation is required under the DDO in employment and education where modifications to workplace and schools (e.g. allow more space, install handrails) and the peripherals including furniture and equipment (e.g. height of desks, design of keyboards) as well as policies and procedures (e.g. flexible hours, work/class arrangement) have to be made to facilitate PWDs to work and study. The requirements have gone beyond the Employment Ordinance or the School Administration Guidelines.
Similarly, regarding accessibility to premises, building professionals need to think far more than what the building regulations require, or otherwise may encounter complaints against them under the anti-discrimination law. This leads to a change of the required standards from a prescriptive model to a performance-based model, from basic compliance with the building regulations to fulfilment of users' expectations. |
Challenges in HK
Hong Kong has a population of seven million but land area of only 1,104 square kilometres. Its population is ageing more severely than many other places in the world. The portion of people aged 65 or above will grow from 11% in 2001 to 24% in 20311, accounting one in every four of us. This also indicates a growing population of PWDs arising from the aging factor. The demand for a barrier-free environment is growing concurrently and is not easy to tackle with, in particular with such a high density population.
With an aim to provide barrier-free access and facilities for PWDs and to promote an elderly-friendly built environment conducive to healthy ageing, the Buildings Department is now reviewing the building regulations and the Design Manual - Barrier Free Access ("the Barrier Free Manual") which was introduced in 1984 and revised in 1997. They will take into account the local and international standards, the latest technological changes, the special needs of the people and expectations of the community in terms of spatial requirements, safety, health and care provisions, and functional, social and recreational facilities. The review echoes the DDO and acknowledges the FM concept.
Though building regulations have no retrospective effect, the fact that a building was constructed prior to the enactment of the relevant building regulations cannot be an excuse for not providing barrier-free access to PWDs. All buildings, irrespective of the year of completion, are covered by the DDO, as long as the public is entitled to enter them. Inaccessible buildings may constitute a breach of the law unless such required alteration to provide access would impose unjustifiable hardship. However, it is not easy to prove "unjustifiable hardship" and the process of handling complaints would probably cost more.
Many of the existing buildings and infrastructure were built for years when there was less concern about accessibility for PWDs. For building developments after 1997 according to the revised Barrier Free Manual, premises are in general more accessible but the problems still exist in the surrounding linking to public spaces, transportation and other buildings.
The kinds of accessibility problems mainly comprise entrance intercepted by steps, no dropped kerbs or ramps, inadequate lift services, passage blocked, facilities not usable by PWDs, directory signs not clear and access has to be assisted. Assistance seems to be welcome but is not desirable all the times. It is a life quality and satisfaction issue relating to independent living and autonomy, and is easily overlooked.
Accessibility problems very often are not only due to the disabilities with the individuals, but also the environment. Improvement works to the latter are always cheaper and easier, and beneficial to more people in the society as a whole. Anyhow, the development of a barrier-free environment in HK has been rather demand responsive and the community has not arrived at a common consensus among various stakeholders.
A study on supermarkets, fast food shops and post offices conducted by the Barrier-free Concern Alliance in 2004, showed that 80% of the 320 respondents with a disability found the places either inaccessible or unsafe. The HK Rehabilitation Alliance has recently done a survey of toilets for the disabled in 99 government and private buildings in 18 different districts in HK. None of the buildings surveyed fully complied with legal requirements and many were locked or in use as storerooms. These survey results revealed high risks for the advocacy groups to file DDO complaints against the operators and owners of these businesses and premises.
There have been 345 DDO complaints on accessibility issues lodged with the EOC up to 30 June 2004. 34% were against the property management and the same proportion against the landlords/tenants. 60% of the complaints were resolved through conciliation and out of court because property managers/landlords/tenants have responded positively to rectify the accessibility problems.
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Opportunities
On the bright side, there are some benchmarks. With recent improvements for barrier-free transportation and promotion of barrier-free websites, PWDs are getting more information and encouraged to go out. The infrastructure is advancing, including buildings.
The Citiplaza in Tai Koo and the Festivial Walk in Kowloon Tong have been presented the Award to the Most Barrier-free Shopping Malls by HK PHAB2 Association in 2002. People are going out to dine and shop, and these are all social activities creating business chances. Not only the wheelchair users, but also the elderly, the parents with small children and their friends and families would enjoy the time together in a barrier-free environment. They are all customers to the businesses.
"Improving access for the elderly and PWDs means more opportunities for business, an investment promising better returns", Mr. Raymond Tang, the EOC Chairperson raised in the EOC News Issue April 2005. Wise developers would see the opportunities brought along, promoting a positive image and bringing more visitors and business.
Facility Managers should be proactive and sensitive enough with a creative mind in the provision of facilities and services to minimize the risks of being sued and at the same time optimize business opportunities. Check-walks to places and audits of the workflows in the delivery of goods and services from a user's perspective (both internal and external) would help identify areas for improvement. In addition to the rectifications immediately needed in order to comply with the law, chances are always there for further improvement particularly when doing repairs and maintenance, fitting out projects, relocation, organizational restructure, launch of new products and services, etc. to reflect the excellence of the facilities as a caring and visionary corporation.
The UK experience tells us that they use the DDA to power caring design and the law gives their Facility Managers perfect opportunity to take on a strategic role. DDO being a driver for a barrier-free environment in HK also provides us a strong base to exert influence in the boardroom and in the professional arena.
1 Figures from HKSAR Topical Health Report No. 3 published in May 2004
2 PHAB - Physically Handicapped and Able-Bodied
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