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

Oh, and note that speed cameras are now being "retasked" to catch trucks and vans....no film anymore...

I did not know that a Doctor's exemption superseded the law.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?

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

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.

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.

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).

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

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.