Quote: "Keeping people safe is the first duty of Government!" - Source: PM David Cameron |
Quote: "The Health and Safety Executive (HSE) is the national independent watchdog for work-related health, safety and illness.
It acts in the public interest to reduce work-related death and serious injury across Great Britain’s workplaces." Source: UK Gov
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| Quote: "It has been estimated that up to a third of all road traffic accidents involve somebody who is at work at the time. This may account for over 20 fatalities and 250 serious injuries every week. Some employers believe, incorrectly, that provided they comply with certain road traffic law requirements, eg company vehicles have a valid MOT certificate,
and that drivers hold a valid licence, this is enough to ensure the safety of their employees, and others, when they are on the road. However, health and safety law applies to on-the-road work activities as to all work activities, and the risks should be effectively managed within a health and safety management system." Source: HSE |
Quote: "The law - Health and safety law requires employers and the self-employed to ensure, so far as is reasonably practicable, the health, safety and welfare of all employees,
while they are at work. Employers also have a responsibility to ensure that others are not put at risk by the work activities of their employees".
"The Management of Health and Safety at Work Regulations 1999 require every employer to carry out an assessment of the risks to the health and safety of their employees,
or themselves, while they are at work, and to other people who may be affected by their work activities. This includes any driving activity on the road.
The regulations require the
risk assessment to be reviewed periodically to ensure it remains valid. Employers should consider the risks to employees on the road
in the same way as for those in a in a workplace."
Source: HSE |
Quote: "Health and Safety of Passengers (Duty of Care)
Most people will be aware that employers have a duty of care to their employees, but the Health and Safety at Work Act, 1974, goes further. Part 1, Section 3 (2) states -
"it shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons
(not being his employees) who may be affected thereby are not exposed to risks to their health and safety?. Operators, drivers and Proprietors are advised that a failure to safeguard passengers could have serious implications for the licence holder, and the licence."Source: Leeds City Co.also UK Gov
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| Quote: "The licensee shall at all times when a vehicle is hired take all reasonable steps to ensure the safety of passengers conveyed therein and persons entering and alighting from the vehicle." Source: UK Gov |
Quote: "Managing the risks: While employers cannot exercise the same control over hazards to employees when they are driving or riding on the road as in the workplace,
there are practical steps they should take to reduce the risks.
Work-related road safety can only be effectively controlled if it is integrated into arrangements for managing
health and safety at work." Source: HSE |
Quote: “Health and safety law applies to work activities on the road in the same way as it does to all work activities and you need to manage the risks to drivers as part of your health and safety arrangements.” Source: HSE
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Quote: "Health and safety law applies to work activities on the road in the same way it does to all other work activities and organisations need to manage the risks to drivers
as an integral part of their health and safety arrangements. Effective management of work-related road safety helps reduce risk, no matter what size your organisation is."
Source: Road Safety Council of Northern Ireland |
Quote: "Private hire operators are responsible for their own health and safety and that of others who may be affected by their work." Source: HSE
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| Quote: "A PHV/Minicab is 16 times more likely to be involved in a crash than a private vehicle." Source: Law Commision |
Quote: Taxi users/ members of public:
"Improved safety standards: Safety is a key justification for the licensing system as a whole yet there are no national minimum standards in respect of issues such as
driver and vehicle safety standards." Source: Law Commission |
Quote: "Driving is the most dangerous work activity that most people do. Research indicates that about 150 People are killed and seriously injured every week in crashes involving someone who was driving, riding or otherwise using the road for work. 'HSE Guidelines, Driving at Work’, state that “health and safety law applies to on-the-road work activities as to all work activities and the risks should be effectively managed within a health and safety system" Source: ROSPA
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Quote: "Risk management and your legal requirements":
"If you are aware that something practicable above and beyond the law can be done to reduce a risk, then you are duty bound under health and safety legislation's duty of care to take that step. Health and safety law requires you to manage risk. If a risk is identified and easily-implemented safety measures are recommended, you ignore these measures at your peril. You could not claim ignorance in court." Source: BRAKE |
Quote: Issues relating to the licensing of taxis and private hire vehicles:
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2. Terminology:
"2.1 Taxis are referred to in legislation, regulation and common language as ‘hackney carriages’, ‘black cabs’ and ‘cabs’.
The term taxi is used throughout this submission and refers to all such vehicles.
2.2 Private hire vehicles (PHVs) include a range of vehicles including minicabs, executive cars, limousines and chauffeur services.
The term PHV is used throughout this submission to refer to all such vehicles."
7.2 Governance
"S.19 of the Health & Safety at Work Act 1974 provides the legal basis for local authorities to appoint inspectors to carry out relevant statutory provisions."
"8.2 The provision of a private hire service required three types of licence:
· Private Hire Operators Licence
· Private Vehicle Licence
· Private Hire Drivers Licence" Source: parliament.uk |
Quote: Reported Road Casualties in Great Britain: notes, definitions, symbols and conventions:
"Taxi: Any vehicle operating as a hackney carriage, regardless of construction, and bearing the appropriate district council or local authority hackney carriage plates.
Also includes private hire cars." Source: gov.uk |
Quote: "Taxis and private hire services - Public and private hire taxis operators must ensure the vehicles and their drivers are licensed to meet legal requirements"
Source: NI Direct
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Quote: "By law, every employer must:
- make sure that work equipment (which includes vehicles) is suitable for its purpose;
- take account of the working conditions; and
- assess the risks to the health and safety of using chosen work equipment." Source: HSE
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Quote: "Advice on smoking at work: Vehicles used for business purposes are also affected by the new law.
These include light and heavy goods vehicles and public transport such as taxis, buses, trains and ferries." Source: HSE
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Quote: Driving for a living
"Smoking is not allowed in any work vehicle that more than one person uses, like:
- taxis
- buses
- vans
- goods vehicles used by more than one driver
- company cars used by more than one employee
Workers can smoke in a company car that only they use (if the employer agrees)." Source: HSE |
Quote: "European Agency for Safety and Health at Work - Occupational Safety and Health of Road Transport Drivers Managing occupational safety and health risks to drivers in the road transport sector can be challenging because drivers work alone, away from their base, and have to contend with traffic danger in addition to many other risks that are difficult for them to control. But risk management measures can be successful if they take account of how the sector operates in practice, as well as the characteristics of drivers themselves and the way they work.
The road transport sector includes:
Lorry and van drivers
- Taxi drivers and chauffeurs
- Bus and coach drivers
- Bicycle and motorbike delivery services." Source: osha.europa.eu |
Quote: National Occupational Standards (NOS)
"NOS is a document that describes the knowledge, skills and understanding an individual needs to be competent at a job."
Ensure health and safety of the taxi and private hire driver and passengers-
This NOS is about ensuring your own health and safety and that of any passengers travelling in your vehicle.
This NOS is made up of three elements:
1. Recognise hazards and assess risks to health and safety
2. Prevent or protect yourself and passengers against potential hazards and risks
3. Respond to an emergency affecting passengers" Source: NOS PPLRPVD20 |
Quote: "The following questions may assist in determining whether a death is work-related:-
Is there, or was there a work activity or undertaking on-going at the time and place of the incident?
Was the deceased/injured party an employee or self-employed person who was at work at the time of the accident?
Was the deceased/injured party a member of the public who was injured as a result of a work activity?
Examples of work-related incidents which are not immediately apparent could include: road traffic incidents." Source: HSE |
Quote: "A workplace transport injury is a reportable injury where someone is injured by: striking against part of a Specified Vehicle whilst travelling in it."
"Specified Vehicles: 07.42 - Car, 07.43 - Taxi" Source: HSE |
Quote: "Health and safety law applies to work activities on the road in the same way as it does to all work activities."
"The Health and Safety at Work (Northern Ireland) Order 1978 states that you must ensure, so far as reasonably practicable, the health and safety of all employees while
at work.
You must also ensure that others are not put at risk by your work-related driving activities.
The self-employed have similar responsibilities." Source: HSENI
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Quote: Health and Safety at Work act - Health and Safety Regulation ... A Short Guide - Action on Health & Safety: Options
"The health and Safety Commission and its operating arm, the Executive (HSC/E), have spent over twenty years modernising the structure of health and safety law.
Their aims are to protect the health, safety and welfare of employees, and to safeguard others, principally the public, who may be exposed to risks from work activity.
HSC/E consult fully with people affected by their legislative proposals, and adopt various approaches based on assessing and controlling risk;
Among the things that can prompt action from HSC/E are:
* changes in technologies, industries or risks:
* evidence of accidents and ill health, plus public concern:
* European Directives.
Where HSC/E consider action is necessary to supplement existing arrangements, their three main option are:
* guidance:
* Approved Codes of Practice, and
* regulations.
HSC/E try to take whichever option, or options, allows employers most flexibility and costs them least, while providing proper safeguards for employees & the public."
Source: The Health and Safety Commission (HSC) |
Quote: Health and Safety at Work etc. Act 1974
"14 Power of the Commission to direct investigations and inquiries. N.I. (1)This section applies to the following matters, that is to say any accident, occurrence, situation or other matter whatsoever which the Executive] thinks it necessary or expedient to investigate for any of the general purposes of this Part or with a view to the making of regulations for those purposes; and for the purposes of this subsection it is immaterial whether the Executive is or is not responsible for securing the enforcement of such (if any) of the relevant statutory provisions as relate to the matter in question.
The Executive may at any time - (a) investigate and make a special report on any matter to which this section applies; or (b) authorise another person to investigate and make a special report into any such matter."
Source: UK Legislation also HSE |
(I) (II) (III) (IV) (V) (VI) (VII) (VIII) (IX) (X) (XI) (XII) (XIII) (XIV) (XV) (XVI) (XVII) (XVIII)
(XIX) (XX) (XXI) (XXII) (XXIII)
(XXIV) (XXV) |
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