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Guidance
to HSE Inspectors on when to intervene
in a work-related road traffic incident
The
appendix to Operational Minute 2003/103 provides detailed
guidance to inspectors in relation to when they should
intervene or not in a WRRTI. The HSE categories of
possible WRRTI are set out below. If you would to
read what else the appendix says about each of these
categories, click on the hyperlinks
Work
on foot or Public Highway
| 36.
Professional Pedestrians: Postal delivery
workers, Newspapers boys, Meter Readers,
Public survey staff, Canvassers |
No
In most cases risks involved no different
to those created by normal use of highway
as private user other than length of time
exposed. Wearing of high visibility clothing
to be encouraged. However, although high
visibility clothing may be PPE under health
and safety at work legislation there is
a disapplication in the Regs for PPE whilst
travelling on a road. |
| 37.
Work Incidental to traffic flow: Road cleaning,
hedge cutting, construction workers crossing,
carriageway, highway inspections, placing
warning signs |
Yes
Normal work activities for which HSE has
an enforcement role. Traffic represents
an additional risk that safety management
arrangements should cover. |
| 38.
Work-Related to Traffic Flow: Construction
traffic control, Traffic wardens, police
(Safety checks, road blocks etc) School
crossing patrol |
Possible
Work related to traffic flow: construction
traffic control; traffic wardens; police
(safety checks, road blocks etc) school
crossing patrol. Possible The highway authority
will agree temporary traffic controls at
roadworks. Road traffic legislation will
take precedence where the police, traffic
wardens, etc are making use of their powers
to stop or direct vehicles, and in relation
to road users at roadworks. Where safe systems
of work are not established or implemented
there may be a role for HSE. (When level
crossings are involved then RI may have
a role)
Crossing patrol women/men are provided with
the power to stop vehicles under Section
26 of the Road Traffic Act. Road traffic
legislation will have primacy in incidents
involving crossing patrols. A Home Office
circular provides guidance on suitable clothing
for crossing patrols. RoSPA have produced
guidance on crossing patrols that represents
current best practice, including training
issues. Where incident occurs due to failure
to train crossing patrol staff in safe stopping
of traffic there may be a role for HSE enforcement.
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| 39.
Banksman for Vehicle (where banksman provided
at workplace specifically to control movement
at vehicles) |
yes
Activity of banksman clearly within control
of employer. Risk to pedestrians and passing
traffic needs to be balanced against risk
to banksman. Where banksman is used there
is a need to ensure they are as safe as
reasonably practicable. A banksman has no
power to stop traffic. |
| 40.
Banksman for individual vehicles |
Unlikely
Activity largely ad hoc and remote from
employers/workplace influence. |
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