Rank: Guest
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Hi all,
During a recent audit on seat belt compliance it came to light that one of our HGV drivers has a doctors exemption on the grounds of claustrophobia which permits him from not wearing a seatbelt. My understanding is that these are issued when the GP has taken all the facts into consideration including job role.
I am concerned as to our legal duty of care over permitting a driver to work whilst not wearing a seat belt. If there is an accident his injuries will be greater than those if he wore a belt. I am uncomfortable with this situation and would appreciate other peoples opinions on this matter. This is a long standing issue and redeployment would not be an option long term.
Thanks in advance
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Rank: Super forum user
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Do they wear them ?
I must admit I have not noticed any wearing belts......I notice them smoking and chatting on mobile phones....and drinking cans of beer and cider.....and speeding....frequently.
Never noticed them wearing seatbelts though.....
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Rank: Super forum user
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Oh, and note that speed cameras are now being "retasked" to catch trucks and vans....no film anymore...
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Rank: Super forum user
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johnmurray wrote:Oh, and note that speed cameras are now being "retasked" to catch trucks and vans....no film anymore...
Please explain that one John. Weren't they programmed for trucks and vans in the first instance?
"No film anymore"???????????
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Rank: Super forum user
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I did not know that a Doctor's exemption superseded the law. A HGV driver suffering from Claustrophobia! It's a bit like a scaffolder suffering from acrophobia - what next?
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Rank: Super forum user
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Perhaps worthy of appropriate referral to occ.health to allow a discussion between GPs. Working in an enclosed cab and suffering from claustrophobia doesn't seem to compute!
Note that the employee must have a valid EU certificate (these are time limited and need to be renewed) and NOT just a GP's letter.
http://www.direct.gov.uk...groups/dg_digitalassets/@dg/@en/documents/digitalasset/dg_195277.pdf
Your company Insurers must be advised of this exemption, and they may have views.
You're right to be concerned about risks. I wonder if the driver is himself aware of the potential for injury arising in the event of unrestrained contact with an exploding air bag system?
On a slightly more cynical note, my own observation tends to suggest that seat-belt wearing by LGV drivers is at best around 50%.
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Rank: Forum user
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having been a hgv driver in the past i have to agree with ron hunter and rayrapp about being in an enclosed cab.
does the gp know he is a hgv driver?
i would say that the insurance company definitely need to be informed.
i worked with people who had exemptions but they were mainly for back complaints and one pregnant driver.
i couldnt get rons link to work but found this one if it is any use
http://www.direct.gov.uk...dsafetyadvice/DG_4022064
with regards to johnmurrays comment i had heard a rumour about reprogramming cameras to catch hgvs etc as on national speed limit roads etc hgvs have a lower speed limit, i think they are intending to just flash at a lower speed and then sift through the pictures to find the larger vehicles, (more work for someone) whether it is true or will happen is anyones guess.
well after hearing that they want to make MOT's less frequent and supposedly having a consultation so that taxi drivers can not cross border to pick a fair up would be interesting for people on a night out, dont know if airport transfers would be excluded, what is happening to this place.
time to get off the soap box.
hope i have been some help with the link
pete
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Rank: Super forum user
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I take others points, my own observations are that there is a general tendency among LGV drivers not to wear - perhaps some of them are stretching the 50 metre exemption rule for delivery drivers rather too far; about 50 miles too far!
However, as Ron and others have indicated and provided links for, there is a exemption process and if this is what your driver has then, I wouldn't think that you should have too many concerns regarding your duty of care. I think it unlikely that a court would find you negligent when there is a statutory exemption process that is being applied 'correctly'.
However, you should inform YOUR insurer (they may of course take a rather different and risk averse view) and I suppose that it wouldn't do any harm to contact the drivers GP (with the appropriate consent) to ensure that he is aware that he is an LGV driver.
I take Ray's point though - LGV driver - claustrophobia!
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Rank: Super forum user
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My wife has recently been issued insulin to self administer - she is not diagnosed diabetic but had to have a new driving licence, and cannot now drive LGVs. Not that she ever did mind.
Not sure about the claustrophobia with windows all around, not exactly a prison cell - where they could be heading.
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Rank: Super forum user
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Hayes41521 wrote:Hi all,
During a recent audit on seat belt compliance it came to light that one of our HGV drivers has a doctors exemption on the grounds of claustrophobia which permits him from not wearing a seatbelt. My understanding is that these are issued when the GP has taken all the facts into consideration including job role.
Is the GP having a laugh????
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Rank: Super forum user
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If there is any truth in it it is more probable that it is the 'being strapped in' that is causing the anxiety rather than the being in an enclosed space, both would would be classed as claustrophobia.
I don't like being tied down so it stands to reason that someone with a heightened anxiety disorder may consider a seatbelt too restrictive.
Personally, I too think that someone is trying to swing the lead but then that's my unqualified, uniformed subjective opinion.
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Rank: Forum user
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I wonder if there is any possibility of falling foul of the DDA with this one?
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Rank: Super forum user
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jeni d wrote:I wonder if there is any possibility of falling foul of the DDA with this one?
Just a minor point - reference to the DDA is no longer relevant - it was repealed by the Equality Act 2010 (see Schedule 27 on page 237 of the Act).
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Rank: Super forum user
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"Please explain that one John. Weren't they programmed for trucks and vans in the first instance?"
"No film anymore"???????????"
Simple, the cameras operate on a single carriageway road at 46mph.....a truck is restricted to 40mph, so CLICK....
No film ?
The cameras are now digital, the images are stored electronically. In many cases the units are remotely interrogated to download the data.
As for "going through the pictures"....no...software examines the data to extract the registration number....like anpr, the information gained is then used to check the vehicle type to define the limit for that vehicle.
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Rank: Super forum user
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It seems that some contributors simply want to pour scorn on this topic as being indicative of elf’n’safety. (also see other topic) In my view this one is absolutely not the case and it would perhaps be helpful if I explained why.
A claustrophobic patient does not simply fear being in closed or small spaces. They fear the negative consequences of being in that place. Some of these fears can include restriction, entrapment and suffocation. It is a condition linked to anxiety although some experts argue that it is a specific phobia.
In the case of travelling in a vehicle and/or wearing a seat belt the phobia of being restricted and being confined to one area can also trigger the anxiety.
There is a clear and precise process, in the UK, for allowing medical exemptions from wearing seat belts which requires a medical assessment and certification. That assessment places a great deal of responsibility on the assessor and I doubt that any medical practitioner would be “having a laugh” in such significant circumstances.
If the certificate exists then that is proof that a proper assessment has been made and that medical opinion agrees that wearing a seat belt is not possible for the named person. Given the signifance of that statement it is just not going to be made lightly.
As to the management of the situation outlined this will need careful and considerate handling. The employer must see a copy of the exemption certificate which the employee must carry at all times whilst driving the vehicle. Remeber also that the certifcates are time dated and must therefore be in date. The employer insurers must be advised of the circumstances and any required actions taken as a result. Advice must be sought from the company legal advisers as to any legal liability and the relevance of the Equality Act (DDA et al) especially as you indicate that an easy solution is unlikely.
Seeking opinion on here is all well and good but on a complex matter such as this we can see it may be based on a minimum understanding of the specific subject.
P48
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Rank: Super forum user
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Pete, thank you for your useful insight; very helpful.
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Rank: Super forum user
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One can but hope that the claustrophobia does not cause a panic attack, while driving a fully-laden articulated vehicle down a high street.
Since various medical conditions mean the lgv licence is revoked, one supposes that the health and safety of other drivers, and the public, comes before the equalities rights of a driver.
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