I have finally had a positive response from the HSE. They were not aware of the fact that keeping drivers in waiting rooms was against the human rights act. so they need full address and postcodes of any companies that deny you access to your cab. deny you access to toilet facilites. generally inadequate facilites.
send a reply with details so i can send them on.
Who was the company who made you walk off site to the A42 services to use the toilets bvecause drivers were not allowed to use staff toilets?
limeyphil:
I have finally had a positive response from the HSE. They were not aware of the fact that keeping drivers in waiting rooms was against the human rights act. so they need full address and postcodes of any companies that deny you access to your cab. deny you access to toilet facilites. generally inadequate facilites.
send a reply with details so i can send them on.
Tesco Stores Ltd
New Tesco House
Delamare Road
Cheshunt
Herts
EN8 9SL
Sainsburys Plc
33 Holborn
London
EC1N 2HT
(At Rye Park and Hams Hall, at least.)
There’s a couple for you… 
This can’t be right, something going our way. 
Excellent! genuinely the best news I have heard in a long time, because god knows those RDC’s will do anything to kiss up to the HSE!
Alex
limeyphil:
I have finally had a positive response from the HSE. They were not aware of the fact that keeping drivers in waiting rooms was against the human rights act. so they need full address and postcodes of any companies that deny you access to your cab. deny you access to toilet facilites. generally inadequate facilites.
send a reply with details so i can send them on.
Can you put that response on here in full so that others can print it off and take it with them 
Could you point us in the direction of the relevant section of the Human Rights Act 1998 that’s contravened by asking drivers to wait in a waiting room
Bloody good news this is and about time to.
well done limey for getting a response 
In the mean time try this at those places your asked to hand your keys to the forkie (this only really works with side tipping)
Say to forkie
“yep sure no problem mate but i require YOU to hand over YOUR forktruck keys to me every time i exit the vehicle to move the curtain or a strap or a post as this for my personal health and safety”
Did this for a laugh friday and the forkie laughed and said “good one drive i like it” and i looked at him all straight faced and said “no im serious” his face dropped at which point i laughed and he said “[zb] i thought you was serious for a minute but i will do it if you want its no odds to me” so i said it’d be fine just try not to run me over to many times as its friday and the missus’ll be ■■■■■■ if i dont get home tonight
I wonder how many other forkies say asda ones for an example would take it 
Wait and see who’s “rights” set the presedent Warehouseman or one driver.
I don’t see why all trailers can’t be dropped on a bay and collected when on a green light they do this at Debenhams Peterborough so why not elsewhere.
Don’t want to be negative but we are always the last to be considered when it comes to HSE Why has it taken them so long?
Can you put that response on here in full so that others can print it off and take it with them
[/quote]
Human rights act: protocol 1 article 1.
It’s not just for terrorists to get off the hook. 
Health and safetly at work has only ever been about one thing - accoutability. Its there so if any accidents happen its your fault and not theirs!
If this is it, I think you’re onto a loser.
Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.
The proceeding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.
Article 1 of the First Protocol protects people’s rights to their property. Property has a very wide meaning. It can include shares, a pension and contributory welfare benefits (social security benefits that are dependant on the claimant having made national insurance contributions).
The article provides that the Government or a public authority cannot deprive a person of their property unless the law allows this and it is necessary in the public interest to do so. The Government must strike a fair balance between the interests of the property owner and the general interest of society as a whole. If your property is taken away you should be entitled to compensation.
Article 1 of the First Protocol also provides that the Government or a public authority cannot put restrictions on what someone does with their property or interfere with a person’s property unless there is a law that allows them to do this and there is a good reason for doing so.
The article does not affect the right of the Government or a public authority to enforce taxes or fines.
“except in the public interest” crops up a couple of times, and although RDCs etc aren’t Government or Public Authority (regardless what they believe ) I’m fairly sure they would/could use the Health and Blame Policy angle to say that it is in the public interest.
we are also the public. and the hse has already ruled on it.
Delivering at DFDS Tamworth a few years ago,
Me - can I use your toilet please?
Security - Sorry driver your not allowed in building
Me - Ok where would you like me to drop it?
Security - What?
Me - Well I need a number 2 so can I use you toilet
Security - As I told you you’re no allowed in the building
Me - Ok I’ll have a dump under my trailer.
Walk over to trailer and start to undo trousers, I never seen anyone move so quickly security came running over Erm you can use the toilet in the gatehouse.
Tried this elsewhere when they say you can’t use facilities and work everytime
Under the H & S at work act, memory’s a little fuzzy now, but all workers (this includes visitors, subbies even management), must have access to toilets, drinking water, a means to making a hot drink (kettle/vending machine) anything less than that and the company cannot legally open, I remember this cos the training place where we had this seminar didn’t have a “means to a hot drink” talk about egg on their face, tea/coffee making facilities were duly sought.
Edit: I’ll see if I can find the relevant legislation…
THIS could be useful to give to anyone who denies you the loo
possibly one reason why you cannot drop a trailer is because of the combined weight of cargo at the headboard and forklift with no unit to stop it tipping down at front.
MADBAZ:
Edit: I’ll see if I can find the relevant legislation…THIS could be useful to give to anyone who denies you the loo
I sooooo want some hard copies of that.
I haven’t giggled so much in weeks.
I might even try the “Heating and ventilation” angle to keep hold of my keys 
I think its called duty of care, while you are on a visting a company you have the same rights as their staff. Eg their are responsible for your health and safety, this also includes use of toilets/cooking/drinking water. If they refuse this right just tell them you will ring hsa asap
Also bear in mind the HSE document linked to earlier up this thread says that a place of work can be this, that and the other. Surely then the provision of water or facilities to make a hot drink etc should apply to the unit you’re in, and employers should provide a travel kettle