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Posted By s.micklewright
Hi all,
I work for an organisation who regularly pick up clients with children and take them to various places, hospitals, post office etc. Our staff use there own cars for this but not all have child car seats, I know the law says that they must be used where available,(or must be used in the front seat where the child is under 3 years). We do own some car seats for general use but staff consider this to be a hassle, taking the seats out and putting them back. As it is our job to transport these people do we have a duty of care which is above what the law requires?
Please help
thank you simon
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Rank: Guest
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Posted By J Knight
Simon,
You use the phrase 'what the law requires'; in this case I assume you are talking about Road Traffic Legislation. I would say that 'what the law requires' in this case would be the Health & Safety at Work Act; and yes, in my view you would have duty of care to people who could be harmed by the action or inaction of your undertaking. This whole area is a bit of a bogey, mainly because the road traffic lobby doesn't want HSE's involvement in their lethal industry, but guidance to the Management Regs says you should consider your transport operations when carrying out your risk assessments, and HSE/LAs will get involved in RTAs where it is felt that management failures contributed to a fatality. Do your RA, fit child seats,
John
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Posted By Ron Hunter
Are your staff aware that they (not employer) will be punished for related Raod Traffic Offences?
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Rank: Guest
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Posted By s.micklewright
Thanks john,
This had come up in our risk assessment (just completed).
So why dont taxis use them?
Simon
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Rank: Guest
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Posted By J Knight
Good question Simon; the answer is that the newest versions of the 'black cab' incorporate a child seat in the fold down arm rest (or so said the poster in the brand new black cab I was in the other night). It isn't a strict legal requirement under design and use regs or Road Traffic law, but if more taxi owners/drivers did their RAs I'm sure we would see more being retro-fitted to cabs. As HSE gets more involved in road transport (which they are doing) I reckon that safety in many areas of road transport will have to pick up. I work in the voluntary care & retail sectors, and we have to go the final mile in our minibuses; 'private' vehicles used at work will eventually have to meet similar standards; and I am sure that you would in the here and now face prosecution if a child was seriously injured for failure to fit a child seat. I'd guess your RA said something of this nature and is being greeted sceptically?
John
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