Rank: Forum user 
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Who is responsible for ensuring seatbelts are worn in a work situation?
We have had numerous communications with our workforce who continually choose to break the law by not wearing seatbelts in LGV vehicles, the nature of the work is mainly short journeys with some longer journeys. I don't want to be a part of a nanny state but on the other hand don't want to put the management in a precarious position if any thing went wrong. The highway code states its the responsibility of the driver but empoyers too have a duty.
Any ideas?
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Rank: Super forum user 
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Your discaplinary procedure should view breaking the law whilst working as an act of gross misconduct. And as unpalletable as it may be, if you don't enforce it you will complicit
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Rank: Super forum user 
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Rank: Super forum user
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Your drivers have a legal duty to wear the seatbelts nowadays. The old chestnut of multidrops no longer applies.
They have the legal duty as the driver as it is their licence that gets the points (same as if they get caught speeding).
H&S legislation does not apply when employees are on the public highway. Therefore the employer does not have the responsibility.
Personally I tell clients that they should be reminding their employees of the legal duty for seatbelts etc.
However, from a moral point of view I have a real problem with the current situation and I think (and hope) that the situation will change one day. I think that the employer should show more responsibility where appropriate. For example, in my dim and very distant past I used to be white van woman doing multi-drops. I got caught speeding becuase to be honest it was not feasible for me to hit their targets unless I broke the speed limit. I got a telling off by my employer for getting a speeding ticket. I told them it was their fault as I couldn't do the job unless I broke the speed limits due to their unrealistic targets. We parted company. But I think it's wrong for an employer to wash his hands of it in those situations. Nothing to do with wearing seatbelts but within the same issue and my little rant over with!!!
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Rank: Super forum user 
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Claire, you're technically correct, but I have to agree with Safety Smurf that employers should actively discourage illegal activity by their employees, even if it's only a non-indictable offence like failing to belt up. It's more a CSR than H&S thing granted, but we do it as an employer, and if more road hauliers and so on did there would be a reasonable drop in fatalities on the roads,
John
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Rank: Super forum user
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jw2k - if you read my 4th sentence down you'll see thats what I said.
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Rank: Super forum user 
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Tigers
it is the employers responsibility to ensure that they are worn.
This is mandatory on the highway.
Inside premises this is up to the employer / works rules and the employer may decide to permit LGVs to be driven without belts in some circumstances.
Seat belts / restraints should also be worn when driving mobile plant eg Fork Trucks, but the employer may decide to permit a LVG or FLT driver to drive on site (Not on the highway) if a risk assessment shows that its not reasonably practicable when considering road conditions, traffic, speed, numerous very short travel distances etc.
They key thing to consider though from your post is that the workforce appears to be able choose whether or not to comply with the rules. What other rules do they choose not to comply with?
It shows that the management are not serious about their own HS rules and this should be a serious concern.
Steve
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Rank: Forum user
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Thanks to all who offered advice - some interesting points in the too.
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Rank: Super forum user 
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How long does it take to "clunk clik"? About 5 seconds. No excuses just wear the belt.
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Rank: Super forum user
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As has been said there are few reasonable excuses for not wearing a seatbelt, although collection/delivery drivers do have a 'dispensation' where their journeys do not exceed 50 metres.
Steve - I don't have a problem with employers reminding staff of the need to wear seatbelts, but what about personal responsibility? Surely if in the public highway, the bulk (just about all) of the responsibility must rest with the driver/employee? If a driver is caught on the highway not wearing a seatbelt, who do you think would get prosecuted? I reckon the driver!
Claire - "H&S legislation does not apply when employees are on the public highway"? Mmmmmm, while I think I know what you were getting at, and accept that the RTA is likely to have precedence over most matters relating to driving, there are plenty of activities on the public highway that are covered under 'H&S' legislation. Just a thought, what about the Produce Connection case?
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