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Michael66  
#1 Posted : 28 April 2013 19:54:53(UTC)
Rank: Forum user
Michael66

I am the manager of a storage and distribution depot. We have a Bridging Fleet of Drivers who deliver day and night. They have requested access to welfare facilities at night. This would mean granting access to the office building out of hours, we consider this a security risk and have resisted the request so far. I have read the Welfare Regs and I'm under the impression we do not have to offer welfare facilities to these drivers as they are classified as mobile workers. Their base has all the necessary welfare facilities and is approximately 1 hour and 15 minutes away. Providing Portaloos would be an expensive option to the company. Would anybody be able to give clarification on this? Kind Regards Michael
Canopener  
#2 Posted : 28 April 2013 21:17:39(UTC)
Rank: Super forum user
Canopener

Without referring to the regs/ACOP, and firing very much from the hip, I am at the age where if I need the loo, I need the loo! I certainly wouldn't want to hold it for an hour + :-(. I generally feel that reasonable access to welfare facilities is a fairly basic requirement and I am not entirely convinced that you're on the right track with your mobile workers approach, but happy to be corrected.
sadlass  
#3 Posted : 28 April 2013 23:08:40(UTC)
Rank: Forum user
sadlass

You may be mistaken in your interpretation of the regs, although HSW requirements apply anyway: 'Employers have a general duty under Section 2 of the Health and Safety at Work etc Act 1974 to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees at work.' I cannot find a reference to 'mobile workers' in the Welfare Regs. There IS reference to temporary work sites which are either used only infrequently, or for short periods; not the situation you describe. Even so, for such sites, there is still the same requirement for sanitary conveniences, washing facilities, drinking water, plus if necessary clothing accommodation, changing facilities and facilities for rest and eating meals apply ‘so far as is reasonably practicable’. I am not sure who the actual employer is here - it is their duty to arrange for this provision.
David Bannister  
#4 Posted : 29 April 2013 08:59:03(UTC)
Rank: Super forum user
David Bannister

Access to toilet facilities is a basic human need regardless of any regulation. 1 hour and 15 minutes is too long and for some individuals impossible. The disappearance of public toilets puts an even greater onus on employers to be aware of these basic needs. Clearing up the debris from "unofficial" toilets is a very unpleasant job. Whoever is holding the purse strings needs to think about 1.25 hours plus loading/unloading plus 1.25 hours with a desperate need to relieve themselves.
JohnV  
#5 Posted : 29 April 2013 11:03:33(UTC)
Rank: Forum user
JohnV

Michael, I would agree with the above comments. Your depot is "a place of work" and should therefore offer some facility, if only one portaloo, which will probably be deemed to be the minimum provision. You may be able to argue that the drivers can rest and eat in their cabs - this assumes that there is provision for cleaning / sanitising hands inside the portaloo. Is there no public facility nearby? Sometimes it may be possible to make arrangements with, say, a petrol station with overnight opening hours.
Michael66  
#6 Posted : 29 April 2013 18:20:08(UTC)
Rank: Forum user
Michael66

Thank you everybody for your response, the drivers in question only need access at night, there are plenty of 24/7 services on route to the depot. The depot has been receiving deliveries 24/7 for the past 17 years and this is the first time the subject has been raised. The same drivers make night deliveries to retail sites where there are no welfare facilities, as the retail sites are closed, however they must take rests and usually take these at services open 24/7, so from this stand point I think this is a reasonable practicable solution without the need for a portaloo.
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