Whether you install a new modular Changing Places toilet or adapt an existing room, the facility will contain moving equipment and will often be unmonitored for periods of time. So, it is down to the facility provider to ensure that provision is safe and the risk of harm is as low as possible.
Risk management should not overshadow the need to install a Changing Places toilet or be a determent. With the correct due diligence and a risk assessment, the benefits of providing a Changing Places toilet far outweigh the risks.
-> View and download our risk assessment template here.
A Changing Places toilet can be utilised by any person with multiple or profound disabilities, but this should be done with the assistance of their chosen carer, or family member.
The Changing Places Consortium explicitly recommend businesses providing a facility do not place responsibility on their staff to assist users with the toilet. It’s reasonable that staff should be educated in the use of the facility and why it is needed – an attendant may also be required to provide access to the toilet (by key or code pad), but they should not assist anyone using the facility in a way which could potentially put themselves, or the user at risk.
If a business chooses to provide an attendant to help users with the facility, they have a duty under the Health and Safety at Work Act 1974 to ensure that the attendant fully understands how to assist a person using the facility and has an appropriate level of training/competence.
Other relevant pieces of legislation to consider if providing an attendant include Manual Handling Operations Regulations (a risk assessment may show that the risks to a possible attendant may be too great to consider reasonable), Lifting Operations and Lifting Equipment Regulations 1998, and Provision and Use of Work Equipment Regulations 1998.
To ensure a Changing Places facility is balanced between benefits and risk provided to users, it is recommended a full risk assessment is carried out. Under the Common Law of Negligence, a risk assessment and how you manage risks will show you are giving the appropriate duty of care. It is also recommended you do the following: