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A Kurdziel  
#1 Posted : 03 June 2014 11:09:05(UTC)
Rank: Super forum user
A Kurdziel

When our staff get off the bus to get to work they have to cross a busy road to get onto our site. Some of them seem to have less sense than others, and they give passing motorists a bit of the shock when they launch themselves over the road.
Inevitably the complaints end up on my desk. My argument is that we have no legal duty of care as they are coming to work, not at work and it would be inappropriate for us to start telling our staff how to cross the road. Our responsibility begins when they get into work.
Has anybody taken a different approach for a similar situation? Do they feel that they own a legal duty staff in such a situation? Do they feel that although they have no legal duty, they still feel that they should be telling their staff how to cross the road safely? Has anybody been approached by any outside regulator eg the HSE or the police about how their staff cross the road coming into work?
Any sensible comments will be gratefully received.
Sutty31  
#2 Posted : 03 June 2014 11:48:12(UTC)
Rank: Forum user
Sutty31

Can you not drive the bus into your car park or to a designated place that means not crossing the road?
A Kurdziel  
#3 Posted : 03 June 2014 11:50:23(UTC)
Rank: Super forum user
A Kurdziel

Sutty31 wrote:
Can you not drive the bus into your car park or to a designated place that means not crossing the road?

The bus used to do that and then the bus company decided that they wanted the bus to continue to the seaside and so it would no longer come onto our site( after we had just installed bus stop for them!)
David Bannister  
#4 Posted : 03 June 2014 11:51:07(UTC)
Rank: Super forum user
David Bannister

Lollipop-person for the children.
Seabee81  
#5 Posted : 03 June 2014 12:01:42(UTC)
Rank: Forum user
Seabee81

Directly telling people how to cross the road could make people feel patronised. How about a subtle poster campaign showing the potential consequences of crossing the road in this manner?

Even if you have no legal duty of care I would still feel a moral obligation to at least try and re-educate people to cross the road in a safe way.

Also, have you asked your local authority if they would be willing to install a pedestrian crossing?
JJ Prendergast  
#6 Posted : 03 June 2014 12:02:09(UTC)
Rank: Super forum user
JJ Prendergast

A 'nanny' version of h&s. They are not at work. They are adults and should be able to cross the road safely. No duty owed.

What do you want to do next, advise the men on how to shave safely?
A Kurdziel  
#7 Posted : 03 June 2014 12:36:26(UTC)
Rank: Super forum user
A Kurdziel

“Directly telling people how to cross the road could make people feel patronised.”
I agree 100%
“How about a subtle poster campaign showing the potential consequences of crossing the road in this manner?”
I am considering this
“Even if you have no legal duty of care I would still feel a moral obligation to at least try and re-educate people to cross the road in a safe way.”
But where would it stop. Once two of our employees had a barney at road junction on the way to work and both reported it to H&S. I told them to grow up.
“Also, have you asked your local authority if they would be willing to install a pedestrian crossing?”
We have asked the highways agency but this is not a minor road but an A-road, they will not install something like this. (When the site was originally planned 20 years ago the road would have been duelled and an underpass installed. That never happened)
“A 'nanny' version of H&S. They are not at work. They are adults and should be able to cross the road safely. No duty owed.”
Basically my feelings but that does not stop the emails on my desk.
“What do you want to do next, advise the men on how to shave safely?”
Ah.. but I do that if they are having to wear respirators…

IanC9139  
#8 Posted : 03 June 2014 14:09:54(UTC)
Rank: Forum user
IanC9139

They are not at work.
They are educated people (despite what people may think).

I they have an accident, outside the working day and it cannot be clearly attributed to an activity which is work related, it's not an H&S matter.

If the above can be met and they are involved in a road incident (but not in a work related matter) then it falls under the auspice of the local constabulary as it is a Road Traffic Act matter.

The only time I would be concerned is if I am asking them to cross the busy road in an evacuation situation and the rvp/sap is on the other side.
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