Re: Carbon Trust advises employees not to cycle.

On Tue, 12 Oct 2010 09:47:38 +0100, "Simon Mason"
<simon@xxxxxxxxxxxxxxxxxxxxxx> wrote:

A somewhat strange policy for such an organisation. Our works cycle
commuting is at an all time high, with all of the Sheffield stands in use.

Not altogether. The problem is that any form of transport used by an
employee on the employers business is covered by a raft of legislation
including :-

Management of Health and Safety at Work Regulations (1999),
Provision and Use of Work Equipment Regulations (1998),
Employers? Liability (Compulsory Insurance) Act 1969.

This legislation does not differentiate between types of vehicle but
requires that a vehicle used for company business (even if employee
owned) is safe and the driver competent. For a car these requirements
are met (legally) by insisting on a valid MOT certificate and current
driving licence.

With bikes having no verifiable check of roadworthiness and cyclists
having no verifiable standard of training or competence it is easy to
see why an employer feels they cannot accept the risk of employees
using their own bikes for work business.

Tfl recommend that an employer supplying bikes for business use meet
the following requirements:-

Bikes must be safe to ride and serviced by a competent person at least
every 3 months (1 month if ridden more than 150 miles a month.)

Riders must be competent to ride the bikes, free training must be
supplied if requested.

Appropriate safety equipment (helmets and high vis clothing) must be
provided and maintained.

The employer, riders and bikes should have the correct insurance
cover, namely :-

£5 million indemnity cover.

Protection for employers against claims from employees and
third parties, and for employees against claims from third parties.

Cover for cycling to, from and between workplaces, including
regular commuting.

Cover for non-work use of the bikes by employees, e.g. leisure
rides at evenings and weekends.

Excepting the last two, these would basically also be what an employer
would be expected to provide (or ensure the employee already has) if
they use their own bike on company business. How far self-declarations
of competence and insurance cover by an employee can be used to
protect an employer is relatively untested in a court of record, in
cases in lower courts they have tended to rule against employers
relying upon self declarations.

As it is rather difficult for an employer to show they have met their
statutory duty for someone riding their own bike on company business
with no more test of competence than their own statement it is quite
understandable why an employer would refuse to sanction riding
privately owned bikes on company business.
.

Relevant Pages

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