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Ballard-Sheriff30666  
#1 Posted : 15 November 2022 12:00:23(UTC)
Rank: New forum user
Ballard-Sheriff30666

We have a service technician who works in central London and wants to use a skateboard to get to and from his customers.

We've checked with our insurance and they "aren’t aware of any laws which dictate the method of transport", we can do a risk assessment and insist on PPE but I'd appreciate any thoughts on this and what else would we need to do to protect him and the business? 

Thanks 

Alan Haynes  
#2 Posted : 15 November 2022 16:54:58(UTC)
Rank: Super forum user
Alan Haynes

Where will he travel to his customers? 1. On the roads? - very dangerous 2. On the pavements? - probably illegal 3. On cycle lanes? - not sure that's legal or safe. As he is travelling as part of his work - how do you ensure his ravel methodology is legal and safe????? Personly, I'd tell him "No"
peter gotch  
#3 Posted : 15 November 2022 17:45:59(UTC)
Rank: Super forum user
peter gotch

Hi Ballard-Sheriff

We had a similar problem decades ago when one of our air quality technicians wanted a mileage allowance to be continued in relation to their cycling around a large town in the South East of England.

Our Directors thought this was VERY DANGEROUS!!

I took the view that it was the sensible way to get around town. More efficient than driving or walking.

But the difference is that cyclists are permitted to ride on the roads and are subject to the Road Traffic Act which means that they are NOT allowed to weave in and out of traffic and on and off the footpath even if that is what fast food etc delivery riders* tend to do.

*their employers will come to grief, just a matter of time.

I think this is one where perhaps you steer away from "elf and safety" and ask the bosses what they think in terms of potential reptutational damage.

Would they be prepared to allow this technician to go around in company branded clothing to that when your technician knocks over a little old lady or forces a wheel chair user off the footpath, the company's identity will be clearly visible for the public to see and for the picture to be splashed over the Evening Standard the same day and the front page of the DM (other rags are available) the following morning.

If the answer to that PR question is NO, then it is time to think again.

You could.......offer Transport for London funding for the construction of a skateboard super highway to get your technician and other would be skateboard workers round the capital city without putting other road users at risk?

...but I doubt that your employer has budgeted or this.

Now, if you ask your technician to come up with a written safe system of work that will protect THEIR employer's reputation and it makes sense, then maybe. But I suspect that said technician will be reluctant to do this.

achrn  
#4 Posted : 16 November 2022 10:26:39(UTC)
Rank: Super forum user
achrn

Personally I'd try and allow it.  We (corporately, as health and safety professionals) can't rationally moan about the image of health and safety as miserable fun-police and then automatically fall back to a position of "it's unfamiliar, it might need some care or thought, so we'll ban it".

We're "not sure that's legal or safe" - so rather than find out if it is legal and safe, we'll ban it.  Great.

I have no idea what the accident or injury rates for skateboarding-as-transport are.  I see some spectacular crashes in motorsport, but for some reason we don't seem to use those as a basis for either banning driving for work or deciding that all our at-work drivers need to wear helmets, nomex, and five-point harnesses with extinguishers and roll-cages in their cars.

Personally I'd try:

1: Make sure that it's clear that the employer is not causing, requiring or recommending that anyone skateboard on business.  The decision on adopting this mode is made by the individual. Ensure this is recorded.

2: Ensure the individual is adamant (and convincing) that they can make the required journeys in a way that is reasonably safe and legal.  I don't know where the assumption that skateboarding on the pavement is illegal comes from.  Wheels are allowed on footpaths - I see plenty of pushchairs, shopping trolleys etc.

3: I would avoid the company specifying appropriate PPE.  I would make the individual repsonsible for assessing appropriate PPE, make sure that what they assess looks credible, and fund it (if required).  If what they asses as necesary is too expensive, that could be a rational basis for the company deciding it can't endorse it.

4: Ensure the individual provides credible assurance that they can do the journeys in a manner that does not cause reputational damage to the company.  Get management to agree and sign-off the assurances.  This is not a H&S matter.

5: Don't be miserable.  I'd like to be in a position to skateboard to work.

thanks 1 user thanked achrn for this useful post.
Evans38004 on 16/11/2022(UTC)
Roundtuit  
#5 Posted : 16 November 2022 10:52:19(UTC)
Rank: Super forum user
Roundtuit

Whilst it is not illegal to skate(board) on most highways or the pavement - there are areas subject to specific orders and prohibitions e.g. the "private land" of a shopping arcade where the activity should not be conducted. Typically these are for the protection of others - small children, the elderly/infirm, the deaf/hard of hearing, the blind/partially sighted.

Will the technician be paying any fines issued if caught boarding through one of these zones?

How effective will their travel become when banned from travelling through certain premises?

What kind of image would a road worn (bound to come off given the state of roads & pavements) & weather beaten technician project to customers?

WHO would be responsible for the repair & maintenance of what would become a piece of work equipment? (different from if they are commuting to work by board).

Roundtuit  
#6 Posted : 16 November 2022 10:52:19(UTC)
Rank: Super forum user
Roundtuit

Whilst it is not illegal to skate(board) on most highways or the pavement - there are areas subject to specific orders and prohibitions e.g. the "private land" of a shopping arcade where the activity should not be conducted. Typically these are for the protection of others - small children, the elderly/infirm, the deaf/hard of hearing, the blind/partially sighted.

Will the technician be paying any fines issued if caught boarding through one of these zones?

How effective will their travel become when banned from travelling through certain premises?

What kind of image would a road worn (bound to come off given the state of roads & pavements) & weather beaten technician project to customers?

WHO would be responsible for the repair & maintenance of what would become a piece of work equipment? (different from if they are commuting to work by board).

Roundtuit  
#7 Posted : 16 November 2022 11:04:16(UTC)
Rank: Super forum user
Roundtuit

Roundtuit  
#8 Posted : 16 November 2022 11:04:16(UTC)
Rank: Super forum user
Roundtuit

achrn  
#9 Posted : 16 November 2022 11:32:39(UTC)
Rank: Super forum user
achrn

Right, so because you're not allowed to skateboard indoors in a shopping centre, we'll decide to blanket ban skateboarding on company business.

I'm reasonably certain you aren't allowed to drive your car through the middle of the Trafford Centre shopping centre arcades. Is that grounds for banning all driving for business purposes everywhere?

thanks 1 user thanked achrn for this useful post.
Evans38004 on 16/11/2022(UTC)
HSSnail  
#10 Posted : 16 November 2022 12:36:51(UTC)
Rank: Super forum user
HSSnail

My skateboarding skills are a little rusty - almost 50 years sinci i hung up my knee pads - so i think a risk assessment of me using one would make it a NO. Thats not to say i would not be open to an argument as to how it could be done safely, (but you would have to work hard to do so)

In terms of an accident - if it happened on a open public footpath i think the hSE would class it as part of the public highway and so would they class it as a workplace accident or a civil case? I know as a grey fleet driver i have to insurance cover to protect my employer ifd i have a drining accident, would teh same apply to tthe skateboarder? 

peter gotch  
#11 Posted : 16 November 2022 13:04:52(UTC)
Rank: Super forum user
peter gotch

Hi Brian

HSE policy has always been to do its utmost to stay clear of anything that happens on the public highway (inclusive of e.g. the footpath and what may or may not fall within the definition of public e.g. supposedly private car parks).

So, the relevant (primary) enforcing authority is the Police, though in addition each local authority as the highway authority for roads other than trunk roads may make their own rules. Ditto the four national agencies for trunk roads (and some of this skateboarding could be on trunk roads, though usually ones which are not designated "high speed").

Roundtuit  
#12 Posted : 16 November 2022 13:22:10(UTC)
Rank: Super forum user
Roundtuit

Originally Posted by: achrn Go to Quoted Post
Right, so because you're not allowed to skateboard indoors in a shopping centre, we'll decide to blanket ban skateboarding on company business.

The first link is regarding "public spaces" in Manchester along with the examples for shopping centres.

The point being just because there is no national legislation does not mean local rules may not have an impact.

Similar local byelaws may be in force in many other areas of the country Liverpool Pierhead or as a condition of carriage on Transport for London services and stations.

Roundtuit  
#13 Posted : 16 November 2022 13:22:10(UTC)
Rank: Super forum user
Roundtuit

Originally Posted by: achrn Go to Quoted Post
Right, so because you're not allowed to skateboard indoors in a shopping centre, we'll decide to blanket ban skateboarding on company business.

The first link is regarding "public spaces" in Manchester along with the examples for shopping centres.

The point being just because there is no national legislation does not mean local rules may not have an impact.

Similar local byelaws may be in force in many other areas of the country Liverpool Pierhead or as a condition of carriage on Transport for London services and stations.

achrn  
#14 Posted : 16 November 2022 16:11:07(UTC)
Rank: Super forum user
achrn

Originally Posted by: Roundtuit Go to Quoted Post

Originally Posted by: achrn Go to Quoted Post
Right, so because you're not allowed to skateboard indoors in a shopping centre, we'll decide to blanket ban skateboarding on company business.

The first link is regarding "public spaces" in Manchester

Yes.  Pedestrianised public spaces.  As far as I can see, in the first of those 'designated areas' the only place you could drive a car is a short length of Cateaton St.

So my point remains: the fact that there are some small areas where you aren't permitted to skateboard does not constitute a valid reason for banning all skateboarding at work.  There are many areas where you aren't permitted to drive a motor car.  That isn't a valid reason for banning all car driving at work.

Roundtuit  
#15 Posted : 16 November 2022 18:44:56(UTC)
Rank: Super forum user
Roundtuit

Lets just avoid introducing the additional and wholly unecessary risk of an unstable wheeled platform (slips, trips, falls) after all it's London so just as quick to walk & use public transport.

Roundtuit  
#16 Posted : 16 November 2022 18:44:56(UTC)
Rank: Super forum user
Roundtuit

Lets just avoid introducing the additional and wholly unecessary risk of an unstable wheeled platform (slips, trips, falls) after all it's London so just as quick to walk & use public transport.

John D C  
#17 Posted : 16 November 2022 19:42:59(UTC)
Rank: Super forum user
John D C

How is the person going to carry any equipment he has need for. A bag over the shoulder or even a backpack will create some balance problems that are not there during usual skateboarding activities. Cyclists are warned against carrying a backpack for this very reason and hence are advised to use pan tiers on the cycle. Cant see paniers on a skateboard.

Edited by user 16 November 2022 19:44:47(UTC)  | Reason: Not specified

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