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Posted By willhiem
Our Office at the moment has no parking so we are using the parking provided by another building about a 5 minute walk down the road. I have no idea what or how we are covered and i havent covered it in the safety statement for the office, nor have i thought about the walk between the office and the car park? - i just hate office related safety, i always find myself asking when will it stop!!
shouldnt the owners of the car park cover us in their policies? i have no idea what their current position is.
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Posted By holmezy
Willheim,
If its not your carpark, then I wouldn't worry about it. There is no requirement to provide parking for employees and as I see it, your responsibility starts when the employees enter your premises, ie are at work By all means speak to them about road safety, keep to the pavements, stay in the light not the shadows but other than that, there on their own.
It may be slightly different if they travel as part of their employment, but for office based staff, its not a concern. Conversley, if it was a responsibility, when would it start...?
When they got the car out of the garage? In the shower,? at breakfast? When they got to the car park?
Not the best examples or best wording but I know what I mean!
Holmezy
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Posted By willhiem
ya i know what you mean exactly. People do use their cars for work too, so during the day people may be going places so the car park isnt just accessed in the morning and evening.
i might just stick a few bits in the risk assessments and put in some road safety stuff just to cover things. Thanks.
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Posted By Mitch
Willheim,
As pointed out why bother? Lots of city centre based employees regularly use multi storey car parks or even P&R when on site parking is not available.
Mitch
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Posted By Lloyd Cole
Hi Willhiem your statement-
"Our Office at the moment has no parking so we are using the parking provided by another building about a 5 minute walk down the road."
If you have organised with the owners of the other building, a parking area for your staff, the owners of that building are responsible for the safety of staff entering it, the vehicles parked on it, and the contents of anything in them. ( do they know this)
If you havnt organised parking with the owners of that building, the owners could clamp the vehicles after a notice is visually placed on a gate or wall ( do your staff know this)
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Posted By holmezy
Willhiem
I wouldnt bother. If you are really concerned about it, then point them in the direction of the "Green Cross Code" or enrol them in the "Tufty Club". The day I get asked to risk assess walking along a pavement to an off-site car park with the possibility of crossing the public highway is the day I seriously think about the career path I've choosen!
I think its deemed as an acceptable risk and not reasonably practicable to do further.
Driving at work is a different matter altogether and is highly risky so focus on that!
Holmezy
Looking forward to a beer now....
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Posted By Lloyd Cole
Willhiem
Heres a good one for you.
Your staff member gets knocked down on the car park you have arranged with another building.
What do you think a clever barrister is going to say about that in a claims court
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Posted By willhiem
Give me all your money, NOW - like they always say!
in fairness they'll probably screw both parties, i'm sure presence isnt covered in the car parks insurance as its meant to be private and i'm sure they havent taken in th erisks of us being their.
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Posted By holmezy
First question would be..
was he at work?
I'm assuming that I would also have an equally clever barrister defending? So maybe the next question would be;
Perhaps we need to ensure he is suitably trained in shoe lace tieing to prevent him tripping up?
Holmezy
beer time is getting closer...
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Posted By Mitch
Make mine a Bombardier.
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Posted By willhiem
Apologies for my shocking spelling recently there and their! come on basic stuff. i shouldnt rush my posts, but thank god for spell check on my proper work!!
they way i see it is you are in work when you are in the car park because ist there and has been provided for you for work. if you have to aprk on the street that could be anywhere and therefore arent in work or associated with work though you may be on your way to work it is outside of your employers duty of care. yet when you are in a car park provided by your employer then he exercises a duty over that. its just the way i see it, i dont want to be creating extra work, and it is nice to have an employer who goes out of their way to supply a car park its terrible that they should then have to take on extra responsibility.
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Posted By Lloyd Cole
As Holmezy said
"First question would be..
was he at work?
The answer is no, and this is where the problem is, work doesnt start till you enter the work premises.
A cautionary tale, if you call someone in to work, say on a rota day off, they are deemed to be in work from the moment they close the front door of their home behind them.........I kid you not.
Holmezy.......Mines a scotch and water ( Highland of course)
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Posted By holmezy
Willhiem,
since we are taking slightly "off beat" stances regarding your initial question, heres another.
Do you pay people from the time they enter the car park or from the time they are at their desk?
Still dont think its a concern. All you have done is given them the option of parking in a car park, using the local NCP or leaving the car at the side of the roadside and taking a chance its still thier when they get home.
Holmezy
So thats a pint of Pedigree for me, a Bombardier for Mitch...anyone else want to join us on the "don't care" table?
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Posted By holmezy
oh.... and a Scotch and Water Lloyd
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Posted By Mitch
Easiest option-Remove the use of the car park, job done, worry over and they can all use the bus and then they can go for a pint after work.
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Posted By willhiem
well i'm not saying they are at work when they get to the car park, they're obviously not. what i'm saying is - are you not owed a duty of care by those who supply the car parking, just as you would expect in a multi storey or on the street, should you trip over something or another accident? but in this case it is the employer of the person and the car park owners who provide that duty of care so therefore even though its outside the area of workplace health and safety the employer still owes the employees a duty of care until they have left the car park thus entitling it to be provided for in the company policy.
i dont want to be creating extra work for myself obviously, and this isnt my main role (looking after our in house safety) but its just something thats come up.
Oh and holmezy, Make mine a large neat scotch with a whiskey chaser!! i know its only wednesday but god is this week draggin out!!
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Posted By holmezy
Willhiem
if you dont want to create extra work, then stop trying to complicate the issue. Its not your car park. Employees are not at work when they are in it. The owner of the car park should fill in all the pot holes, provide safe access, egress etc. He has a responsibility to those who he, effectively, invites onto his land, in this case, your employees.
If you start trying to talk to the owner about any further responsibilities then, if I were him, he'd tell you to park elsewhere.
There, thats all the work done so put away your cotton wool.
Holmezy
Who's round is it, I bought the last one?
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Posted By willhiem
well i wont create more work for myself (dont be insane!!) and i myself dont believe it to be a problem, but its just an issue i was thinking about from a different angle. anyway i see your points. i'll put it to bed here i suppose.
now where did you leave thats tray?
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