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Posted By Dave Joyce
One of my clients staff is extremely large around the waist, in fact all over and cannot wear a standard car seat belt as they will not stretch that far. The individual suffers from a medical condition that prevents him losing weight and also driving, so he is always a passenger. He travels in various different vehicles during the week. Not wearing a belt is illegal, sitting in the front without a belt is dangerous to himself. Sitting in the back puts any front seated persons at particular risk.
The initial solution is provision of a seat belt extension strap, but the connectors vary from vehicle to vehicle. The GP exemption route has not yielded a medical reason for not wearing a belt.
Any ideas from anyone who has encountered a similar problem.
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Posted By Martin Gray
Dave, Have put this question to a couple of the police officers in this station and have had the follow response.
If the person is unable to diet to lose weight and this also prevents them from driving they are technically 'clinically obese' therefore they have a medical condition that prevents them from wearing a seat belt.
If they were stopped by a police officer for not wearing the seat belt and could prove a that the belt will not fit them, the officer can either caution them for the offence or refer it to a court and let the judge make a decision.
Martin
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Posted By Dave Joyce
Thanks for the weblink, but the problem is that the chap is in different cars almost daily and these are often hire cars so fitting an extender is impracticla unless it is a universal type and quick fit
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Posted By Dave Joyce
From a risk assessment view, it is totally unacceptable to the safety of other passengers for the individual to be loose in the vehicle, bearing in mind that he cannot drive himself so there will always be another person in the vehicle.
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Posted By James M
Is this man so important that he is potentially putting himself at undue risk because he is travelling in a vehicle without a seat belt.
My solution would be to find him a job elsewhere.
I know that HSG6 has now put a limit for the weight of drivers of lift trucks, maybe if would be worth while contacting the manafactures' of the vehicles for their opinion.
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Posted By Dave Joyce
The man has specialised knowledge so must travel.
Not sure how HSG6 helps
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Posted By David J Bristow
Dave
Put him in a dress and a wig - if stopped “he” (she) is pregnant and exempt from wearing a seatbelt I recall!!!!!!
Seriously Dave I would contact the DVLA on this one and ask for their assistance.
Wherever he is seated he poses a danger to himself and others in the car (loose cannon and all that).
Suppose roof rack is out of the question with the advent of the new Working at Height Regulations changes?
Regards
David B
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Posted By Stuart Nagle
Martin.
So what your saying is that although a person may have a recognised medical condition (as per the law) the prevents them from wearing a seatbelt, the police officers in question would take action anyway, and the person would end up either being cautioned (ciminal record) or having to attend a magistrates/crown court and be exposed to unkind publicity and possibly a criminal record for having this medical problem.
That sounds pretty fair - NOT
Stuart
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Posted By Mike Miller
As the person is clearly disabled, has anyone considered consulting with them with regard to the company supplying an adapted vehicle? If it is critical for the company to transport this person around they have to do it in a manner that does not involve risk or injury to the person in question or anyone else.
There are companies who specialise in vehicle adaptations for the disabled. It is expensive but cheaper than a serious accident which involves none use of a seatbelt.
Mike
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Posted By Laurie
You seem to have missed Dave's point that the GP will not certify a medical reason for not wearing a belt, and he therefore cannot be considered disabled either.
Without such a medical certificate, with the best will in the world, the guy is breaking the law.
What Dave wants is a way round it.
All I can suggest is that the inertia of the passenger in a front end collision may well be in excess of the designed loading of the anchor points. If this is the case, and they give way suddenly after having partially restrained the occupant, injuries may well be more serious than not being restrained at all.
This will need certificates from the car manufacturer
Laurie
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Posted By Dave Joyce
Thank you all for your thoughts, it looks like the medical route is the way to pusue exemption from convictions and the adaptation route is the only safety option. I guess the company concerned are going to have to seriously consider the financial implications of supplying an adapted vehicle and driver or reconsider the knowledge base that this guy provides and how to distribute that knowledge.
Thanks again for the prompt responses
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Posted By David J.
Hi Dave don't really have much to add to what has been advised. However, I am confused as to why, if the guy has a "medical" condition his GP won't confirm this? Not an H&S issue but as a company I would be concerned about relying on the specialist knowledge of someone who will unfortunately have health problems, if not now, certainly in the future related to his weight. Think I would be getting someone trained.
Cheers.
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