| General |
No
HSE inspectors should generally not seek
involvement with work-related road traffic
incidents arising from driving activities
on public roads apart from the particular
situations detailed below. Inspectors should
generally presume that the police (or highway
authority, Vehicle Inspectorate, Traffic
Commissioners etc) have a better locus for
dealing with the issue involved and that
Road Traffic legislation is sufficient to
adequately ensure safety. The majority of
road traffic incidents will not be RIDDOR
reportable. |
| 3.
"Other Public Places" e.g. Supermarket
car park, industrial estates, dock area,
farm roads |
Yes
Police have responsibility to enforce Road
Traffic legislation in “other public
places”. HSE has a clear enforcement
role set out in OC 789/4. This role is a
function of the fact that “other public
places” are generally within the curtilage
of premises subject to health and safety
legislation. Where premises are local authority
enforced it will be for the local authority
to take action not HSE |
| 4.
Carriage of Dangerous goods |
yes
Specifically assigned to HSE.
|
| 5.
Vehicles Maneuvering near to a workplace |
likely
In these situations employers have a degree
of control over the activities, with site
layout and vehicle management having a significant
influence over road safety immediately outside
work premises. CDM will be relevant for
construction sites. HSE is therefore likely
to have a role in relation to management
of risk, for example, manoeuvring of lift
trucks outside employers premises, and vehicles
entering and leaving work premises. Liaison
with the police will be needed, and possibly
Highways Authority |
| 6.
Reversing Activities |
No
- on public highway:
Likely - entering and leaving workplace
Reversing is not illegal except on motorways,
etc. The Highway Code sets the standards
for this activity on public roads. HSE should
not prohibit reversing per se. However,
at the entrance/exit to workplaces changes
to internal road system/traffic management
system might enable reversing to be reduced
or eliminated. Employers should demonstrate
they have done all that is reasonably practicable
to protect workers and members of the public.
This may involve deciding if reversing into
premises is safer than reversing out of
premises. Any banksman needs to be protected
from traffic and should be instructed that
they have no authority to stop traffic.
|
| 7.
Armed Forces Vehicles traveling on public
highway |
Possibly
There are some exemptions from road traffic
legislation for armed forces vehicles. However,
the Army replicates requirements of road
traffic law in Army Regulations. Failure
to comply with Regulations is an offence
under the ArÙmy Act etc - and individual
soldiers are subject to disciplinary hearings.
Accidents are not reportable under RIDDOR
if the driver is on duty at the time. Inspectors
should generally resist involvement with
such issues and seek advice from the Crown
NIG |
| 8.
Hours of Driving |
No
Driver hours and rest regimes and tachograph
requirements for HGV/PSV are set in road
traffic law and enforced by the Vehicle
Inspectorate, Traffic Commissioners and
the police. For further information including
addresses of Traffic Commissioners see SIM
5/2001/16. Inspectors should resist using
HSW Act to set driver hours and rest regimes
for any at-work drivers as we have no suitable
measure for safe hours of driving for non
HGV/PSV vehicles. Special consideration
may apply when Safety Critical workers on
railways are concerned |
| 9.
Hours of Work |
Possibly
Working Time Regulations 1998 as amended
may apply, but there are exempted sectors,
and difficulties on application. See OCs
1/3, 1/5 and 1/6. |
| 10.
Shift working |
Unlikely
Where persons are working long shifts and
then driving home there should generally
be no HSE involvement. |
| 11.
Agricultural Vehicles Moving on Public Highway |
Possibly
Road traffic legislation will have primacy
as the driver of the agricultural vehicle
is required to ensure they travel along
the road and enter/exit fields, yards, etc
without endangering other road users. HSE
may have a role where the vehicle is moving
between agricultural premises and are subject
to the Agriculture (Tractor Cab) or Agriculture
(Avoidance of Accidents to Children) Regulations
|
| 12.
Agricultural vehicles moving on public highway |
Possibly
Agricultural vehicles moving on public highway
Possibly Road traffic legislation will have
primacy as the driver of the agricultural
vehicle is required to ensure they travel
along the road and enter/exit fields, yards,
etc without endangering other road users.
HSE may have a role where the vehicle is
moving between agricultural premises and
are subject to the Agriculture (Tractor
Cab) or Agriculture (Avoidance of Accidents
to Children) Regulations.
|
| 13.
Newspaper Deliveries by cyclists |
Very
unlikely
Road traffic legislation and its enforcement
will in most cases adequately cover the
safety of newspaper delivery staff. At present
there are no legislative requirements for
cyclists to wear reflective clothing or
helmets. There is a disapplication under
the Personal Protective Equipment at Work
Regulations 1992 for PPE used while travelling
on the road, therefore reflective clothing
cannot be required under these Regulations.
The requirements for lights and reflectors
for bicycles are contained within the Road
Vehicles Lighting Regulations which are
enforced by the police. Local authorities
are responsible for enforcement of health
and safety law in newsagents shops - but
not for peripatetic activities. Many local
authorities have released guidance on newspaper
delivery. See Printing IAC guidance ‘Handling
the News’.
|
| 14.
Milk Delivery |
Unlikely
Incidents have occurred where milk delivery
staff (often youngsters) travelling on the
rear of delivery vehicles without proper
arrangements have fallen and been injured.
The safe carriage of passengers on road
vehicles is primarily dealt with by the
Road Vehicles (Construction and Use) Regulations
and is enforced by the police. OC 549/3
deals with milk delivery. |
| 15.
Specialist Works Vehicles normally confined
to site but on highway |
Unlikely
Some exemptions may apply under Road Traffic
legislation, eg if travelling less than
6 miles per week. HSE cannot prohibit their
use on public roads as road traffic legislation
permits their use. |
| 16.
Driver training - Road Vehicles |
No
Matter well regulated by Road Traffic legislation,
Driving Standards Agency, etc. |
| 17.
Driver Training - Specialist works Vehicles
e.g. lift truck, pallet trucks etc driven
on public highway |
No
Drivers and employers (through cause and
permit clauses) are required to comply with
all aspects of road traffic legislation,
including driver training and licensing
when driving on public roads. The competence
of drivers to operate equipment in the workplace
will be relevant where road traffic incidents
involving specialist works vehicles occur
just outside the curtilage of premises.
|
| 19.
Use of Mobile phone |
Unlikely
Use of mobile phone. Unlikely It may be
an offence under Reg. 104 of the Road Vehicle
(Construction and Use) 1986 to ask employees
to use a phone whilst driving. DfT have
published a leaflet ‘Mobile phones
and driving’ (Ref T/INF/451) |
