Hello all.

I was hoping someone could help me with regards to the implementation of Section 12 of the Workplace Regs in relation to delivery drivers.

Section 12 is for the condition of flooes and traffic routes, and in the depot or site location that is fine to implement. But where does an employer stand in relation to this with delivery drivers that are making multi-drops, often in public locations?

Would the "workplace" extend to every location where a delivery takes place? How can a business ensure the condition of a public highway for example?

Would section 12(5) include retractable steps on a delivery vehicle, or are these for those steps used within the controllable depot location?

My curent thoughts

Currently, in respect of the requirements, I am thinking that:

• The public highway cannot be controlled and it would not be reasonable nor practicable to control this, but there could be "training" given to the drivers with requirements of what drop-off locations should look like - free from potholes, suitably tarmaced and level surfaces, free from flooding, etc. This would cover section 12(1), (2) and (3).
• For those deliveries to set locations, such as customers with an intake area, these should be visited and risk assessed by the delivering company, and reviewed at a set frequency. This would again cover section 12(1), (2) and (3).
• In retlation to section 12(4), training on this could be given in line with the above.
• In relation to section 12(5), handrails would potentially not be possible on steps which may retract into the vehicle, but would that be a sufficinent reason to not have a handrail?

Also, I am unsure if Driver CPC would cover any of this. Would you consider this training to be the responsibility of the employer or would reliance on Driver CPC Training be enough?

The legislation I refer to is: 

https://www.legislation.gov.uk/uksi/1992/3004/regulation/12/made

I look forwards to your thoughts.

Hi Peter

Thanks for the feedback. I ask the question as these have been specifically referenced in relation to a claim, however I know that on claims forms they like to reach as far as possible.

I am trying to figure out where best practice would like in relation to these clauses in the regs when the location is on the public highway. Can the term "workplace" refer to the external location?

For example, the "workplace" being the loading bay of a depot is clear cut, but if a Yodel Delivery Driver (an example) trips over a poor surface in a street somewhere, can section 12(1) -(3) really be something that the employer is liable for given that the incident is nowhere near the depot?

If the "workplace" of someone isn't static (such as Field Reps), where does the liability for the maintenance of the "workplace" fall?

I would not worry about teh workplace regs - but you do need to consider the safety of delivery staff. There is one employer in the UK that this has been an issue with for a long time - some of us may still see them from time to time (if not on strike) - The Post Office.

The Post Office used to have a system where by staff could report concerns about private properties and the owner would be sent a letter telloing them that if they did not rectify the access problems then they would recive no further door step deliveries and would have to call at the collection office.

As for the vehicle then this i think is covered by work at height regs, not workplace - so you need to ensure that access to and from the vehicle is suiatble for all delivery locations - sorry im not clear about your "retractable" steps.