Part of the definition/interpretation of “workplace” is . . .
“workplace” means, subject to paragraph (2), any premises or part of premises which are not domestic premises and are made available to any person as a place of work, and includes– (a) any place within the premises to which such person has access while at work; and
(b) any room, lobby, corridor, staircase, road or other place used as a means of access to or egress from that place of work or where facilities are provided for use in connection with the place of work other than a public road;
but shall not include a modification, an extension or a conversion of any of the above until such modification, extension or conversion is completed.
The bit in red concerns me a little in so much as - Could it be argued that Tesco et al could argue thay haven’t made such places available ? (to visiting drivers)
I’m based at Tossco Middleditch and I work for ESL.
I can confirm that even drivers based there (such as me) don’t currently get cards to use the “restaurant” instead,if were lucky, we can borrow a visitors card that charges a premium over cards issued to ESL office staff.
So unless you borrow a card that’s actually issued to an ESL manager / office bod, then you can’t get food on site any more.
Part of the definition/interpretation of “workplace” is . . .
“workplace” means, subject to paragraph (2), any premises or part of premises which are not domestic premises and are made available to any person as a place of work, and includes– (a) any place within the premises to which such person has access while at work; and
(b) any room, lobby, corridor, staircase, road or other place used as a means of access to or egress from that place of work or where facilities are provided for use in connection with the place of work other than a public road;
but shall not include a modification, an extension or a conversion of any of the above until such modification, extension or conversion is completed.
The bit in red concerns me a little in so much as - Could it be argued that Tesco et al could argue they haven’t made such places available ? (to visiting drivers)
I believe that the interpretation being used (By HSE) is that as you are not employed by that firm it is not your “Workplace” therefore you are not their responsibility.
Part of the definition/interpretation of “workplace” is . . .
“workplace” means, subject to paragraph (2), any premises or part of premises which are not domestic premises and are made available to any person as a place of work, and includes– (a) any place within the premises to which such person has access while at work; and
(b) any room, lobby, corridor, staircase, road or other place used as a means of access to or egress from that place of work or where facilities are provided for use in connection with the place of work other than a public road;
but shall not include a modification, an extension or a conversion of any of the above until such modification, extension or conversion is completed.
The bit in red concerns me a little in so much as - Could it be argued that Tesco et al could argue they haven’t made such places available ? (to visiting drivers)
I believe that the interpretation being used (By HSE) is that as you are not employed by that firm it is not your “Workplace” therefore you are not their responsibility.
You and your welfare are very much their responsibility whilst on site, and they do have a legal duty/obligation to you .
Whilst we’re on about bad ones, anyone been to Costco at Lutterworth? Thats great, even a food hatch to the canteen in the drivers waiting room, bacon sarnies and a cuppa tea, can’t fault them !!
If I went to an RDC and they refused to let me use the loo’s then I’d just simply take a ■■■■■ against a wall or something…what’s the worst they’ll do?..ban you from the RDC? Fine…atleast I wouldn’t have to go back there and have the same problem!
What else would they do?..call the police and report you?..fine, contact a local newspaper and a national newspaper…I’m sure they’d love the story, and you never know, it may open up a debate in the public domain and you’d see some changes. To put it simply if they’d treat me like crap then I’ll treat them like crap.
The only thing I think drivers should be entitled to is 1) Toilets. 2) Drinking Water and 3) Somewhere warm to sit when being unloaded/loaded that’s out of the elements.
The canteen to buy food should be left to the RDC’s discretion…as a driver you should take food with you or stop at a garage and buy some there. What if you got stuck on the M20 for 10 hours…would you then still blame RDC’s for not having food available to you?
