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majorxxl  
#1 Posted : 18 August 2016 15:56:47(UTC)
Rank: New forum user
majorxxl

Hi, A bit of advice from the world of knowledge out there ! I am the H.S.E manager of two large DC's in the midlands, one of which we run our own transport and one we do not. I have had a member of the management team on the site where we do not run any transport quote "We are legally bound to provide hot drinks, shower and welfare facilities to visiting drivers" ? Now as per usual they cannot tell me what piece of legislation this is included in and I cannot find it ! We do provide toilet facilities for visiting drivers but currently they do not have access to the canteen areas or the showers, there is a services 30 meters away from the main gate with pedestrian access. Now I understand the HSAWA and Welfare regs and totally agree with most that morally providing toilets is the right thing to do but Legally is it written anywhere differently? Does anyone out there know before I stand in my meeting tomorrow and say its cobblers ! Thank you in advance
TommyH  
#2 Posted : 18 August 2016 16:41:06(UTC)
Rank: Forum user
TommyH

I have read somewhere, along time ago that you should as premises controller come to an agreement with the drivers' employer regarding welfare provision.
Roundtuit  
#3 Posted : 18 August 2016 17:27:21(UTC)
Rank: Super forum user
Roundtuit

Search Visiting Drivers - there was a discussion back in August 2014
Roundtuit  
#4 Posted : 18 August 2016 17:27:21(UTC)
Rank: Super forum user
Roundtuit

Search Visiting Drivers - there was a discussion back in August 2014
Lynne  
#5 Posted : 21 August 2016 08:13:10(UTC)
Rank: New forum user
Lynne

The Workplace (Health, Safety and Welfare) Regulations 1992 say:- "People in control of non-domestic premises have a duty towards people who are not their employees but use their premises" The Regulations expand on these duties and are intended to protect the health and safety of everyone in the workplace, and ensure that adequate welfare facilities are provided for people at work. I would ask why you don't want to give visiting drivers access to adequate welfare facilities, have you asked the same question with regard to other visitors? Surely just because they are drivers why should they be treated differently.
Roundtuit  
#6 Posted : 22 August 2016 09:48:33(UTC)
Rank: Super forum user
Roundtuit

Why I shouldn't provide anything other than access to the toilet for external drivers: 1) Cost of providing facilities 2) Cost of maintaining facilities 3) Abuse of provided facilities 4) Control of safe access/egress to facilities 5) Security issues 6) Potential liability (slips, trips, falls, legionella, food poisoning, scalding..) Controversial - probably, however: Does your company specifically provide more for the UPS/ParcelForce/Yodel/Whistl/Post Office etc. drivers and courriers who attend your site? Why do construction contractors (generally on site for the full day) so often get excluded from all site facilities and have to provide their own welfare arrangements?
Roundtuit  
#7 Posted : 22 August 2016 09:48:33(UTC)
Rank: Super forum user
Roundtuit

Why I shouldn't provide anything other than access to the toilet for external drivers: 1) Cost of providing facilities 2) Cost of maintaining facilities 3) Abuse of provided facilities 4) Control of safe access/egress to facilities 5) Security issues 6) Potential liability (slips, trips, falls, legionella, food poisoning, scalding..) Controversial - probably, however: Does your company specifically provide more for the UPS/ParcelForce/Yodel/Whistl/Post Office etc. drivers and courriers who attend your site? Why do construction contractors (generally on site for the full day) so often get excluded from all site facilities and have to provide their own welfare arrangements?
sadlass  
#8 Posted : 22 August 2016 13:58:21(UTC)
Rank: Forum user
sadlass

Lynne wrote:
The Workplace (Health, Safety and Welfare) Regulations 1992 say:- "People in control of non-domestic premises have a duty towards people who are not their employees but use their premises" The Regulations expand on these duties and are intended to protect the health and safety of everyone in the workplace, and ensure that adequate welfare facilities are provided for people at work.
Afraid this is just guidance, not the regs as such. It is the employer duty to provide (regulations), )which could be done by liaising / negotiating with clients for their visiting drivers to use facilities, or maybe not). The person in control of the visited site only has legal responsibility for their own employees. Unfortunately lots of HSE publications use this sort of vague phrasing in the guidance (which of course is the most readable text), but don't actually have any legal backup - "have a duty" does not link to any particular regulation, especially in this case.
Invictus  
#9 Posted : 22 August 2016 14:19:29(UTC)
Rank: Super forum user
Invictus

Tell them it's cobblers! my opinion only and this is not the opinion of all posters on this site.
paul.skyrme  
#10 Posted : 24 August 2016 18:30:36(UTC)
Rank: Super forum user
paul.skyrme

So I would presume from some comments that those who are consultants are also excluded from using the "facilities" of the organisations employing them, and that some are not? I'm not going to take sides, just to state my opinion & what I do as a transient worker. I use the customers facilities, if they then try to stop me, I simply pack up and leave, never to return. I generally use the facilities immediately upon arrival. I have never been refused. If they try to stop me from leaving then I would be looking at accusing them of false imprisonment. Whether I could, would get away with it, or not, I would do that. I see it as an insult and a breach of basic human rights to be refused use of toilet facilities. As far as providing other amenities, I would expect use of vending machines, if present, use of a canteen area to consume food & drinks, or another place suitable, however, I would only be looking for showers in an emergency scenario if they were present on site. Mind, some of the places I have been, I would not want to use the facilities a second time, not being able to wash after using them is a bit of an issue for me! At the time, I was also engaged by that client to undertake practical mechanical engineering works on machinery, which resulted in getting dirty, and no where to wash, even though the official agreement with the customer was use of their facilities, which we had, just that the facilities were not up to scratch. This became a common theme with many clients of the same type that we were dealing with at the time < 10 years ago, so we then arranged to carry washing materials etc. only relying on the client to provide running water & toilet facilities. That contract didn't last long, they saw the facilities as OK, we didn't, we didn't try to win the contract when it came up for renewal and they wanted a cost down!
Kloppite  
#11 Posted : 25 August 2016 14:32:52(UTC)
Rank: Forum user
Kloppite

What are DC's ??
smandeir  
#12 Posted : 25 August 2016 16:09:12(UTC)
Rank: Forum user
smandeir

Distribution centres as far as i know
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