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Posted By andyp
Excuse my apparent brain block on what has been a so far extremely long Tuesday. Would i be right in remembering that employers have a duty of care to ensure safe access & egress is available when entering a companies premises by means of the car park?
i.e. the car park exit leads directly onto a public, industrial estate road. The issue is the parking of cars on the main road, therefore restricting viewing when exiting the area.
Any assistance in kick-starting my train of thought on this would be much appreciated.
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Posted By stevehaigh
Section 2(d) health and safety at work act
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Posted By Jimmy R
Andyp,
As the problem relates to the public highway and not your workplace I should ask the management to speak with the local authority to try and help resolve the issue.
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Posted By Steven John Bateson
I think the answer, under the circumstances you describe(if I've understood correctly) is both yes and no. HSWA s2(1) and s3(1) could be applied to company vehicles as they access/egress and at a push could even be applied to employees using their own vehicles. However, in practice accidents under this type of scenario (vehicles exiting a car park onto a public road) are left to the police to investigate/deal with under the Road Traffic Act
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Posted By Steven John Bateson
Forgot to add, under the Road Traffic Act the individual car/van driver usually cariies all the responsibility, not the employer - unless it's a poorly maintained or overloaded HGV (or one of a few other such exceptions)
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Posted By Raymond Rapp
Andy
There could also be a liability under the Occupiers Liability Act 1984.
Ray
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Posted By andyp
Many Thanks to you all for your views on this matter, which apparently appears to be a very grey area.
Regards
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