Hi All I don't usually post on the forum so late in the day but I was asked by a colleague about this. He drives for work and private use and the seat in his car is so uncomfortable that he has to sit 'almost sideways' in the driving seat in order to be comfortable in the driving position. Clearly this is not ideal situation. Can anyone give me some guidance on this? Does it come under PUWER? Someone else mentioned that if he drove over a certain number of miles he would 'qualify' for action to be taken by the Co. to change his vehicle? I need to be able to justify the costs of changing his car to his Line Manager amongst others and I know that he is in some degree of discomfort. If anyone can help then that would be great! DHM

Hmm? Is it rear wheel drive?

Thanks for responses, for clarification the car is fitted with a bucket style seat. The chap in question has a 'wide' posterior which does not 'fit' into the seat. Under what legislation can I persuade the Management to change his seat/car? Cheers DHM

This is not PUWER, neither in my opinion is this a concern of the employer. Your colleague needs to buy another car, or else have someone fit a different seat to the car he has. If he has a registered disability he should be able to get some financial assistance with this - but NOT from his employer.

Did this chap pick this make and model himself?

If it's a lease car then the employer absolutely should take action on this. It's not PUWER, as private cars are specifically excluded (though the meaning of private car is open to differing interpretations), but there is still a general duty to provide safe plant and systems of work. We have a single manufacturer policy for our company cars as we have links with the Czech Republic, so we all get Skodas; mine's an Octavia Estate and it is a very good car, before any die-hards start cracking Skoda jokes (soo 20th Century!). However, one of my team has long-term problems withher knees, so she got a Citroen; the Skoda seats just didn't work for her, John

My last car was an Octavia estate as well, just remember that what's on the current range of Skodas is what's going onto the next range of VWs.

Hi DHM Adding to the other useful comments, my view is that if the car is a company car then PUWER does apply (see Reg 2 para 62) as does the HASAW Act and the requirement to carry out a risk assessment under the MHSAW Regs 1999. It's also worth browsing the IOSH 'Tools and Guidance' section (found in Information and Resources) as there is some useful guidance on the subject if you tap in Driving at Work. Good luck! Peter

Not being cynical here but if he has a real medical problem he may have DLA? If not he can apply for DLA. If he then qualifies and receives DLA he can have a vehicle off the Motability charity, he chooses the right model for himself. If he applies for DLA and is refused then there may not be a medical problem at all? Seek guidance from an occupatioal health professional.