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Paras
16 to 19 of HSE's 'Operational Minute' 2000/124: Work-related
Road Traffic Incidents: an explanation of circumstances
where HSE may have a role to play
| CIRCUMSTANCES
WHERE HSE WILL NOT HAVE A ROLE |
| 16. |
As a general principle,
HSE inspectors will not have a role in relation
to:
(1) work vehicles travelling
along the public highway as part of a road journey;
(2) vehicle design issues
where the Road Vehicle (Construction and Use)
Regulations 1996 take primacy; and
(3) employees' duties
under HSW Act s.7 as the more specific and detailed
duties on drivers under road traffic legislation
will take precedence.
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| CIRCUMSTANCES
WHERE HSE MIGHT HAVE A ROLE |
| 17. |
The police in rare cases
may ask for assistance from HSE when they are
investigating RTIs as in para 16(1). When approached
by the police for help, inspectors should agree
to assist where the police demonstrate with evidence
that serious safety management failures have been
a significant contributory factor in the incident. |
| 18. |
In addition, 2 broad circumstances
will arise outside those detailed in paras 19
and 21 when it might be appropriate for HSE
to take formal enforcement action in relation
to work-related RTIs:
(1) when another enforcing authority, normally
the police, has taken enforcement action under
their legislation, eg Road Traffic Acts, but
are unable to address the underlying risks caused
by health and safety management failures. In
these cases, the advice given in paras 22, 23
and 24 is relevant; and
(2) when no suitable specific
legislation exists, and underlying health and
safety management failures create continuing
risks to the health and safety of employees
and/or members of the public that can only be
adequately dealt with through enforcement of
health and safety law. Again, the advice given
in paras 22, 23 and 24 is relevant. That said,
formal enforcement action should not be taken
just because there is an absence of alternative
specific legislation or to fill gaps in other
legislation.
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| CIRCUMSTANCES
WHERE HSE WILL HAVE A ROLE |
| 19. |
HSE involvement in work-related
RTIs will usually be restricted to 3 broad situations:
(1) where work vehicles
are engaged in specific work activities (other
than travelling) on the public highway, eg hedge-cutting,
refuse collection, unloading, etc;
(2) where workers (not
in vehicles) are engaged in specific work activities
(other than travelling) on the public highway,
eg, construction work, repairs to street furniture,
refuse collection, street cleaning, etc; and
(3) where vehicles connected
with particular work premises are manoeuvring
in, out and in close proximity to those work
premises.
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