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tenn1svet  
#1 Posted : 11 January 2012 15:38:30(UTC)
Rank: Forum user
tenn1svet

I’ve been asked if we have any legal obligation to provide eye tests to drivers. I know there isn’t a direct “..you must provide eyetests…” obligation, like the DSE one, but then I started to think “Duty of care….Duty of care……”. As employers, the company surely has a DoC to ensure drivers are fit to drive. It would be difficult to argue that good eyesight isn’t a part of that, and yet a periodic licence check and maybe even a driver training programme wouldn’t check that. My initial thought was it’s our responsibility to check if employees are fit to drive (license check, declaration of fitness, maybe). We do check new starters against the Highway Code recommendations (x metres from the registration plate). It’s then their responsibility to be fit to drive (get your eyes checked regularly, etc.)………but now I’m not so sure. That’s what thinking did! I’m not an optician, but I’m guessing the DSE eyetest vouchers wouldn’t cover it either. What do others think? How do you address it, if at all?
Ron Hunter  
#2 Posted : 11 January 2012 16:25:43(UTC)
Rank: Super forum user
Ron Hunter

The duty and the liability rests squarely with the driver. There are of course many initiatives open to the responsible employer of professional drivers - including competency schemes (being a "fit" driver doesn't necessarily mean I'm a good or safe driver). If your Organisation isn't into that sort of thing, then I'd leave the eysesight bit alone. Discrete requirments exist for PCV and LGV.
Bob Shillabeer  
#3 Posted : 11 January 2012 17:09:21(UTC)
Rank: Super forum user
Bob Shillabeer

In short no, there is nothing in law that says you as an employer must provide eye tests for any employees. Unless this is a specific requirement for a specific task. The DSE eyetest is not a test of eyesight it is a test of vision specific to a very small range of sight, eg to be able to see the sreen clearly from a foot or two and not have any affect on general vision as oposed to eyesihgt over a few hundred feet. The eye sight standard for driving applies at the driving test only, after that it is the drivers responsibility until they reach 80 when it is tested as part of an examination of fitness to drive persay, and then it is not always necessary. If you as employer laydown specifics eye sight standards you also take on the responsibility for checking that standard is being met with or without glasses, you could then become liable in the lossest of meaning to provide glasses for the defect with vision to meet the minimum you laid down. Generally no there is no duty unless you creat one yourself.
Canopener  
#4 Posted : 11 January 2012 20:53:54(UTC)
Rank: Super forum user
Canopener

Just to add to the 2 previous posts. In general I would tend to agree that the bulk of the duty does rest with the driver and I would also suggest not going down the eye test route for the reasons already mentioned. Also bear in mind that fitness to drive doesn't start or end with eye sight; you might also consider general medical fitness, fitness or otherwise through the use of prescription or recreational drugs, alcohol etc. If you are going to provide an eye test, then what about a medicals, drug testing etc? There are checks that you ought to do, such as licence checks but I suggest that routine provision of eye tests and medical checks etc is in most cases a step too far. While the DOC is wide ranging, whether or not it applies is determined by the situation, and with regard to what is reasonable in the circumstances.
Alan Haynes  
#5 Posted : 11 January 2012 22:24:10(UTC)
Rank: Super forum user
Alan Haynes

quote=canopener] ..............fitness to drive doesn't start or end with eye sight; you might also consider general medical fitness, fitness or otherwise through the use of prescription or recreational drugs, alcohol etc. If you are going to provide an eye test, then what about a medicals, drug testing etc? ......... I suggest that routine provision of eye tests and medical checks etc is in most cases a step too far. .......
Whilst I agree that eye testing may normally be a step too far, its worth remembering that eyesight is only roughly checked once during the Driving Licence process. In a previous railway construction existence [constructing HS1... - ... and don't get me started on how misguided HS2 is!] we had a 'muck shifter' driver drive into a ditch. He was in his fifties, had a clean driving licence for over 35 years and had driven the muck shifters for many years. Unable to determine why he drove into said ditch, we eventually gave him a medical - he passed with flying colours except for the fact he was blind in one eye, so had no 'vision of depth'. So there are occasions when eye tests are beneficial, but ,I would suggest, only as part of a 'general medical'. My rational for arranging general medicals is that it is beneficial for the individual as well as the company, however they must normally be optional, unless part of the contract of employment, or as a part of an accident investigation
stevedm  
#6 Posted : 12 January 2012 07:50:22(UTC)
Rank: Super forum user
stevedm

Not really got anything more to add other than in countries such as Poland, Germany and France workers have mandatory health checks. In the UK we seem to be a bit behind and there are lots of stories like Alan's'... There are other ways of getting in it - well person clinics based on reducing heart/attack stroke (you could use Vinnies new video to drum up business...!!)..Combining eyesight and cholesterol etc. Some of which can be free or low cost.... Having a good D&A policy will also help as part of that should be rehabilitation.
tenn1svet  
#7 Posted : 12 January 2012 12:50:39(UTC)
Rank: Forum user
tenn1svet

Thanks for the responses - it's put my mind at rest that we're not missing something major.
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