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safetyinspector2009  
#1 Posted : 18 August 2010 10:29:56(UTC)
Rank: Forum user
safetyinspector2009

As a business we have been asked by a number of employees to look at the cycle to work scheme as a way of encouraging healthy living, environmental best practice. The scheme can be financed through an interest free salary sacrifice loan as per below http://www.bike2workscheme.co.uk/index.php The question I have centres around safety. Our management would like them to sign a waiver to confirm the company do not accept responsibility should they have an accident on the way to and from work. Given the company will have helped them finance it, are we responsible for their safety to and from work in this instance and would a waiver work? Also are we required to install a shower facility given that we are supporting the scheme and that they may travelling long distances Would appreciate your thoughts Thanks
freelance safety  
#2 Posted : 18 August 2010 10:37:14(UTC)
Rank: Super forum user
freelance safety

Liability for commuting to work…No. Waiver not required. I think the showers would be great, don’t want smelly staff!
KD  
#3 Posted : 18 August 2010 10:43:56(UTC)
Rank: Forum user
kd

Firstly the waiver, if you have a liability, would almost certainly not have any value. The Company would not have any liability for people using a cycle provided by the cycle to work scheme if an employee is involved in a road accident on the way to or from work. The purpose of the journey would not have any real influence on liability, so if the Company has a liability for the use of the cycle, it would probably have that liability for any use. If a company car user is involved in a road accident on the way to work, would the company expect to be liable because they provided the car? You are not required to install a shower facility unless it is required for work purposes. Management here asked similar questions about the scheme. Hope that helps. Ken Dickson
Reed21854  
#4 Posted : 18 August 2010 11:49:33(UTC)
Rank: Forum user
Reed21854

Hi there We run a cycle to work scheme and we do not require staff to sign any waiver for their commuting journies. We do provide showers and a safe place to store outdoor gear and bike sheds for secure storage of cycles.
Canopener  
#5 Posted : 18 August 2010 12:18:12(UTC)
Rank: Super forum user
Canopener

We have been running the scheme for some years in common with many other employers. The waiver is IMO unnecessary and probably of little (NO) value. I think that it is highly unlikely that the employer would have any liability for the journey to and or from work.
Bob Shillabeer  
#6 Posted : 18 August 2010 12:32:55(UTC)
Rank: Super forum user
Bob Shillabeer

Look at it this way, many people drive to work and use the company car park. is there any need for a waiver about this? No even though the company provide a car park. Please remember people who travel to work by car, bus, train or bike do so by choice and the employer cannot be held responsible for how they get to work as it does not control this activity. The company may provide a way of buying a bike through paybill arrangements etc but cannot accept any responsibility for the use of the bike.
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