Workplace transport inspection pack

Inspectors should also be aware that if the dutyholder has an Operators or “O”licence for their vehicles, that under the terms of the licence a regime of vehiclemaintenance will also be imposed. More information on this aspect can be found inSIM 5/2007/02.IEE - HSWA and Reg 5(1) of PUWER may be used to prohibit the use of anyworkplace vehicle which is evidently unsafe (Stark v The Post Office can be usedto support enforcement if challenged - absolute nature of duty to maintain in a safecondition). IEE - If an employer has no system for maintaining vehicles in a safecondition, inspectors should consider enforcement by IN (see a possibletemplate in the pack). Inspectors and duty holders are sometimes confused by thevarious maintenance / inspection / examination requirements under PUWER andLOLER for lift trucks. The BITA Guidance Note 28 is an example of a pragmatic wayof dealing with these issues.Drivers often do not see it as "their job" to help ensure that the vehicles they driveare kept in a safe condition. Duty holders therefore need to explicitly requiredrivers to report any defects they become aware of using a defect reportingsystem which can then be actioned. A driver’s daily checklist (with a copy in thecab for easy access) can help, together with checks by management that suchchecklists are in fact used. Encouraging the right attitude is important - driversshould be confident that if they find and report serious vehicle defects, their employerwill take the report seriously and support them even if this means that the vehicle isimmediately taken out of use pending repair. It is wise for employers to have acontingency plan for dealing with this sort of foreseeable problem. A spare on-sitevehicle may not be a realistic option, but quick, easy access to a competentmechanic for repairs and/or prior arrangements with a local hire company for analternative vehicle can reduce the risk of employers "taking a chance" by usingunsafe vehicles in order to keep production running. Key reference on vehiclemaintenance: HSG 136 paras 601 - 610.Provision of safe access to vehicles – legal summaryRoadgoing vehicles:Section 6 HSWA and PUWER can be applied to road-going vehicles although theirdesign and manufacture is largely governed by the Road Vehicle (Construction &Use) Regulations which Department for Transport (DfT) have the lead for. Newvehicle type standards will be introduced in 2008, but these will not cover access tovehicles. This area must be covered by risk assessment by suppliers/users underhealth and safety requirements. It is important to note that the EHSRs do not applyto vehicles designed for normal road use (Schedule 5 of SMSR - vehicles mainlytravelling on the road are exempted from SMSR with the exception of those vehiclesused in the mineral extraction industry).• Manufacturers of road-going vehicle bodies, trailer units etc often do not giveadequate thought to providing safe means of access and slip resistantsurfaces on parts of their vehicles/bodies where people have to work (seeRR437 listed below). If access onto the vehicle is unavoidable, the means ofaccess, including pedestrian walk ways should be safe.• Persons responsible for purchasing vehicles should specify appropriatemeans of access where necessary. If drivers have no choice but to clamber