Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
mawsona  
#1 Posted : 06 January 2010 08:18:38(UTC)
Rank: Forum user
mawsona

The Police and others are making statements like 'Don't travel unless absolutely necessary'. Is going to work necessary? We operate powerplants so I would guess that it is but others seem to think that non essential staff (admin etc) who can work from home should do so.

I'm saying to our Directors that only people key to keeping plants running should be coming into work - am I right?
Alex Petrie  
#2 Posted : 06 January 2010 12:45:45(UTC)
Rank: Forum user
Alex Petrie

I think you're right - only those personnel who's attendance is critical to the business should be required to travel where conditions are bad.
David H  
#3 Posted : 06 January 2010 12:48:42(UTC)
Rank: Super forum user
David H

So those who do not go to work do not get paid?
Yossarian  
#4 Posted : 06 January 2010 12:49:26(UTC)
Rank: Super forum user
Yossarian

On Radio Merseyside this morning they used the phrase "matters of life or death".

That helped clarify it to me.
stuie  
#5 Posted : 06 January 2010 13:04:12(UTC)
Rank: Super forum user
stuie

Thats fine for that that are lucky enough to get paid for such time off - if I have the time off I do not get paid or need to take a day as holiday (as I suspect applies to others in the private sector); is putting food on the table and keeping a roof over our heads and gas to warm the house ' a matter of life or death'? I made it into work ok - a little late but ok (approx 8' of snow in case you were wondering).
RayRapp  
#6 Posted : 06 January 2010 14:00:48(UTC)
Rank: Super forum user
RayRapp

I suggest that they are fairly meaningless statements designed to make travellers vigilant and nothing more. Emergency travel only would indicate a higher level of vigilance and perhaps one that could be describes as a 'matter of life and death'.
CFT  
#7 Posted : 06 January 2010 14:46:43(UTC)
Rank: Forum user
CFT

140mm of snow and was desk/office bound at home anyway. Live in a small village, and have attended to two accidents in the road today. I had to ask about their journey and on each occasion it clearly was not essential, one wanted to see if they could drive in it!!!!. No-one hurt but it tied up the recovery services and the police that could have been better spent elsewhere.

Getting paid or not is quite irrelevant. The loss of a couple of days pay is a small price compared to the potential loss of life. I am a firm believer in it is not what you do, but what others around you might cause.

Can't eliminate the snow so on a hierarchal standpoint I have to ask...was that journey really necessary or could an alternative choice be made?

Needless to say I guess there will be many in the morning caught out by sub zero temperatures freezing the road surface.

CFT
Elfy  
#8 Posted : 06 January 2010 14:48:08(UTC)
Rank: Forum user
Elfy

I think that rather than being fairly meaningless the police & other emergency services statements play a vital role in keeping the general public and employers informed of the situation in their local area so that the they can take the necessary actions and make the necessary decisions to help ensure the safety of everyone concerned.
David H  
#9 Posted : 06 January 2010 15:31:33(UTC)
Rank: Super forum user
David H

Sorry CFT - but if you need to get that bread on the table - are behind with the mortgage, or need to go assist someone less able, then you are going to make that journey.

At the end of the day it is down to dynamic risk assessment. Police advise that conditions are bad - we then decide if we are skilled enough to drive in it, are our cars are fit for the task, if the journey warrants it and how bad will it get on the way.
So we pack the shovel, a flask etc and get on with it.
Hally  
#10 Posted : 06 January 2010 15:39:37(UTC)
Rank: Super forum user
Hally

Yossarian wrote:
On Radio Merseyside this morning they used the phrase "matters of life or death".

That helped clarify it to me.


Not that they're appeared to be any Police out to sort the major issues which were from Wallasey Tunnel all the way up Scotty Road as far as (when we got there) Walton Lane err Police Station. I live in town and had been told the trains had stopped (which turned out to be partially true) and it took an hr from Kirkby to Walton Lane. I abandoned my lift and walked to town which took an hour due to the severe amounts of ice on paths and roads (and these are main roads)

most buses were off, and none were on this morning. Train from city centre this morning was fine, but had to walk from kirkby Station to work which took 45 minutes.

Very severe lack of any police or gritters in two days, and we've barely had any snow since yesterday morning.

No wonder other countries laugh at the complete lack of a clue this country has in planning for a cold snap.
Hally  
#11 Posted : 06 January 2010 15:42:27(UTC)
Rank: Super forum user
Hally

David H wrote:
Sorry CFT - but if you need to get that bread on the table - are behind with the mortgage, or need to go assist someone less able, then you are going to make that journey.

At the end of the day it is down to dynamic risk assessment. Police advise that conditions are bad - we then decide if we are skilled enough to drive in it, are our cars are fit for the task, if the journey warrants it and how bad will it get on the way.
So we pack the shovel, a flask etc and get on with it.


Loads of people might also be under threat of redundancy at the moment as well, and won't not turn in unless it is phsically impossible.

I have the opportunity to work from home if i am ill or unable to get to work with the weather, unfortunately i have a new member of staff who doesn't currently have a key to my office (now sorted) but i need to train as well, so maybe i should get her to come to my flat to work...
David H  
#12 Posted : 06 January 2010 19:32:40(UTC)
Rank: Super forum user
David H

Hally wrote "No wonder other countries laugh at the complete lack of a clue this country has in planning for a cold snap"

So true Hally - and as for every driver in the country complying with the "life or death" warning - when the country is blanketed in a few inches - not a few feet - of snow it is laughable.
Stay in Aberdeenshire for a few years and you will soon get used to driving in the snow.

And what a shock that the Channel tunnel trains came to grief - electric motors - cold then warm temperatures - condensation - boom. But 5 of them?

Still - gives the doom and gloomers a break from the swine flu that was due to threaten human existence.

David
Hally  
#13 Posted : 07 January 2010 09:02:49(UTC)
Rank: Super forum user
Hally

Our Aberdeen depot have said they may be due the worst weather for 100 years, they seem to be able to make it to work.

Liverpool is still like an ice rink, i'd say even worse than yesterday due to less snow on the ice now. Can't believe that most of the city centre is still iced up, including both bus stations which means no buses or very few can get in and out of the centre.

Hope we don't get any severe conditions as we may as well give up.

Oh, and we've two people off in this office with flu / swine flu.

Happy days...
User is suspended until 03/02/2041 16:43:28(UTC) IanBlenkharn  
#14 Posted : 07 January 2010 09:14:19(UTC)
Rank: Forum user
IanBlenkharn

I work from home so it's generally not a problem for me, but yesterday I waited all day for a dishwasher engineer.

No sign of him, and no call to let me know. Perhaps the snow stopped his phone working since he didn't make the effort to give me a courtesy call to explain.

If he arrives now he will be turned away at the door. Someone else will get the job.

More Grrrr than Brrrr!

Ian
LeeRay  
#15 Posted : 07 January 2010 10:01:54(UTC)
Rank: Forum user
LeeRay

The snow hasn't stopped me commuting, but i have driven in it in the past and know what pre-cautions to take etc.
The problem lies with those that are ill prepared and don't research (or have experience of) safe driving techniques in the snow.

I saw a young lad in a car yesterday morning trying to get up a slight incline by revving the engine as hard as possible and managing to spin the wheels on the snow, resulting in the front end moving more to the side than forward.

Snow shouldn't stop everybody from driving. If you have experience of doing so of have done a bit of research on driving in snow and ice then you should learn the basics to get from A to B safely.
On one website it actually suggested that inexperienced drivers should try their techniques on empty car park's to get the hang of driving in the snow, got to learn some how and it would probably the best option of a controlled environment so to speak.

Going back to CFT's comment, he is right in the sense that its not what you do, but what others around you might cause (because they couldn't be bother to research driving techniques or think it would be fun to drive in the snow!)

At the end of the day we make our own decisions and if we feel we are safe to drive in bad conditions we do. If we don't, then we don't , no matter if you have to go without a loaf of bread or 2; there's none left in the supermarkets anyway. Shouldn't just be monetary based, you have to feel you can travel safely or in all honesty you wouldn't travel.

By the way, the wife refuses to drive in this snow because she doesn't feel safe to do so.
martinw  
#16 Posted : 07 January 2010 10:09:07(UTC)
Rank: Super forum user
martinw

I am pragmatic about it. I am working from home today - first time I have not made it in - because the cul-de-sac where I live is an ice rink. Cars are not able to get out, no taxis can get in and no buses take me the 35 miles to work. So here I am.
Ian - for shame! Bleedin' consultants at home in the warm bemoaning non-arrival of non-essential domestic appliance repairer and Hally is taking hours to travel(including walking in snow and ice) to get to and from work. Get some gloves on and do the washing up!
How the other half live......:-)
User is suspended until 03/02/2041 16:43:28(UTC) IanBlenkharn  
#17 Posted : 07 January 2010 11:25:19(UTC)
Rank: Forum user
IanBlenkharn

My dear wife has had me doing the washing up since the day the dishwasher failed.

At this rate I might even get a real job, so I can get away from the kitchen sink!
Hally  
#18 Posted : 07 January 2010 14:18:57(UTC)
Rank: Super forum user
Hally

martinw wrote:
I am pragmatic about it. I am working from home today - first time I have not made it in - because the cul-de-sac where I live is an ice rink. Cars are not able to get out, no taxis can get in and no buses take me the 35 miles to work. So here I am.
Ian - for shame! Bleedin' consultants at home in the warm bemoaning non-arrival of non-essential domestic appliance repairer and Hally is taking hours to travel(including walking in snow and ice) to get to and from work. Get some gloves on and do the washing up!
How the other half live......:-)


Been nice and sunny all day, mind the temperature dropped a few degrees when daylight came. Nothing has melted yet so no doubt chaos again later.

Girl i know works at the police HQ in the centre of Liverpool and lives in Birkenhead. 15 min drive tops for her to get home on a normal day. They closed the Birkenhead tunnel but didn't put any signs out OR place any tunnel police to redirect. Meant one tunnel was open with only two lanes open to cope with what is normally a total of 4 lanes of traffic.

Hally still in work in ice cold Kirkby. Thank god the trains are working, get a lift 10 mins to train station and home within 30 mins.
Hally  
#19 Posted : 07 January 2010 14:20:01(UTC)
Rank: Super forum user
Hally

IanBlenkharn wrote:
My dear wife has had me doing the washing up since the day the dishwasher failed.

At this rate I might even get a real job, so I can get away from the kitchen sink!


Swop her for one who does the washing up ;-)
User is suspended until 03/02/2041 16:43:28(UTC) IanBlenkharn  
#20 Posted : 07 January 2010 14:32:15(UTC)
Rank: Forum user
IanBlenkharn

I wouldn't swap her for the world!


But is anyone has some paper plates to spare.............
ckitson  
#21 Posted : 07 January 2010 14:43:02(UTC)
Rank: Forum user
ckitson

I was talking to a solicitor friend yesterday night in relation to driving at work, snow conditions etc. and he told me the following:

An employer should bear in mind all the facts when assessing if it is appropriate to force employees to drive at or to/from work by, for example, threatening them with disciplinary proceedings if they failed to do so. If an employee was to have an accident on a treacherous road and it could be shown that, for example, a Highways Agency or Met Office warning not to travel was in place at the time, the employer could be held liable under criminal and/or civil law for the accident. Recent cases have shown that even where an individual is driving to or from work and is not necessarily on work business at the time, the employer can be held liable where they have forced the employee to drive at that time as a result of the demands placed upon that individual which clearly contravened health and safety law.
Hmmmmmmmmmmm !! - how many times do they keep saying on the news 'only drive if necessary' - think I may give some more thought to risk assessment for journeys in our driving policy
wazimu0  
#22 Posted : 07 January 2010 14:58:10(UTC)
Rank: Guest
Guest

I blame Global Warming myself!

I just can't believe the number of drivers who will drive past a road closed sign as well.
Had 20 cars stuck up a hillside pass in the pennines, all of which drove past a road closed sign. They then blamed the council for not clearing the road.
ckitson  
#23 Posted : 07 January 2010 15:13:29(UTC)
Rank: Forum user
ckitson

Perhaps instead of 'Road closed' we should consider a 'pass at your own risk' sign.
then we could legitimately leave the dumb B~~stards up there to freeze to death !!!
wazimu0  
#24 Posted : 07 January 2010 16:07:32(UTC)
Rank: Guest
Guest

ckitson wrote:
leave the dumb B~~stards up there to freeze to death !!!


O, if only we could.
David H  
#25 Posted : 07 January 2010 17:56:57(UTC)
Rank: Super forum user
David H

ckitson wrote; "An employer should bear in mind all the facts when assessing if it is appropriate to force employees to drive at or to/from work by, for example, threatening them with disciplinary proceedings if they failed to do so. If an employee was to have an accident on a treacherous road and it could be shown that, for example, a Highways Agency or Met Office warning not to travel was in place at the time, the employer could be held liable under criminal and/or civil law for the accident"

With all due respect I think that is absolute nonsense!
If you have an accident on the roads, YOU are in control - YOU will be charged not the employer. It is up to YOU if you travel or not.
And if there was a met office warning not to travel on the "east coast of England" - just how do we measure the parameters.
If your employer tells you to drive a car with no road tax - YOU pick up the penalty points.

Lets get real here.

David
ckitson  
#26 Posted : 08 January 2010 08:13:41(UTC)
Rank: Forum user
ckitson

David H

Recent cases have shown that even where an individual is driving to or from work and is not necessarily on work business at the time, the employer can be held liable where they have forced the employee to drive at that time as a result of the demands placed upon that individual which clearly contravened health and safety law.
Yossarian  
#27 Posted : 08 January 2010 09:39:53(UTC)
Rank: Super forum user
Yossarian

ckitson wrote:
David H

Recent cases have shown that even where an individual is driving to or from work and is not necessarily on work business at the time, the employer can be held liable where they have forced the employee to drive at that time as a result of the demands placed upon that individual which clearly contravened health and safety law.


At the risk of getting a bad name for myself, please can we have sources for this assertion. We need evidence not anecdotes.
RayRapp  
#28 Posted : 08 January 2010 09:48:06(UTC)
Rank: Super forum user
RayRapp

Mmmm...reading several recent posts I think there is some confusion between different scenarios and legislation. An employer may be held liable under certain prescribed circumstance where they have 'forced' an employee to drive in the knowledge that they were not fit to drive. However, in most cases it will not be criminal law but civil law doctrine and specifically a 'duty of care' owed to the employee.

Ultimately people need to take responsibility for their own actions and not rely on others liability. Any warning issued by the police are merely to serve as guidance to the would be road user. It is up to the individual to decide whether they adhere to the warnings or not.
David H  
#29 Posted : 08 January 2010 10:54:50(UTC)
Rank: Super forum user
David H

ckitson - may I too have access to the recent cases you refer to?

I think prosecuting an employer for forcing an employee to drive would be very difficult thing to prove

David H
wazimu0  
#30 Posted : 08 January 2010 13:26:56(UTC)
Rank: Guest
Guest

mawsona wrote:
The Police and others are making statements like 'Don't travel unless absolutely necessary'.


Just a quick note, police are not making that 'statement'... Many police forces are giving that sort of 'advice'.
wazimu0  
#31 Posted : 08 January 2010 13:41:22(UTC)
Rank: Guest
Guest

David H wrote:

If your employer tells you to drive a car with no road tax - YOU pick up the penalty points.

Lets get real here.

David


With this analogy in mind david, who get's the penalty points if you drive your company vehicle without insurance, if you are driving with your employers knowledge? I think you'll find your BOTH prosecuted.
One for driving with out insurance, the other for allowing someone to drive without insurance.

If your employer phones you, knowing you will answer your phone whilst driving and you don't have hands free, who gets prosecuted??? Again BOTH.

And you don't get penalty points for driving without road tax (Road fund licence) it's just a fine.

If we get back to basics, does your employer not owe you a duty of care??
ckitson  
#32 Posted : 08 January 2010 13:59:38(UTC)
Rank: Forum user
ckitson

david h, yossarian -

Rule 5 of forum states Discussion of potential or actual legal proceedings is prohibited on the public discussion forums.

if you need to know actual cases then 'google' them, I have already fallen foul of the forum rules once today ;-)
David H  
#33 Posted : 08 January 2010 15:01:28(UTC)
Rank: Super forum user
David H

wazimu0 - thank you for correcting me on the car tax - I thought points werte accruied and stand corrected.

And yes - your employer does owe you a duty of care - so he should not be demanding that you drive in the conditions we have at the moment.
My argument was that prosecuting an employer for forcing an employee to attend work in bad conditions would be extremely difficult! Prove beyond reasonable doubt?
And what excuse would the employee give the police if there was an accident - my big boss told me to?

Again I say it is up to the individual to do the dynamic assessment and decide what to do. And take the consequences of their own actions!

David
Brett Day SP  
#34 Posted : 08 January 2010 23:38:45(UTC)
Rank: Forum user
Brett Day SP


Gents, not H&S law, but let's not forget the 'Cause or permit offence' under the Road Traffic Act. Were an employee to have an accident travelling to work because of the threat of disciplinary action / sacking, yes the employee (driver) could be prosecuted under the RTA as the driver, however, the employer could also be prosecuted as 'causing' the driver to drive, thus commiting an offence, since the Road Safety Act came into force more employers are being prosecuted for 'Permit' offences the most notable was the company who had a driver who was disqualified for driving - yet due to lack of any driving licence check hadn't picked this up (and provided a car in which he committed further offences) - after the driver was prosecuted the company was prosecuted under the 'Cause or Permit' offence.

So yes the driver will get prosecuted 99.9% of the time, but if the employee can show that there was an undue pressure from an employer, whilst it will not help hid defence it will certainly help line up the employer for prosecution under the RTA.

Comments from Police, Met Office and other emergency services such as 'drive only if necessary' or recommendations for 'essential journeys only' for that area would also be taken into account. Other evidence the CPS would consider would be if the local authority / emergency services kept staff at home and only asked 'essential services' to turn out.

Can't mention anymore as my Class 1 instructor started talking about a specific ongoing case along these lines.
Users browsing this topic
Guest (2)
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.