I contacted the HSE in 2006 on behalf of ‘Our lot!!’ and here is what I got back from them.
Ref: KDEN-6VUDW4
Dear Ms Nicholson
Thank you for your enquiry regarding the use of electric pallet trucks.
There is nothing under health and safety law stating that delivery drivers
can not use electric pallet trucks on some one else’s site. However the
following information may be of some use:
There is a general duty of care under Section 4 of the Health and Safety at
Work etc Act 1974 which states:
General duties of persons concerned with premises to persons other than
their employees.
- – (1) This section has effect for imposing on persons duties in
relation to those who –
(A) are not their employees; but
(B) use non-domestic premises made available to them as a place of work or
as a place where they may use plant or substances provided for their use
there,
and applies to premises so made available and other non-domestic premises
used in connection with them.
(2) It shall be the duty of each person who has, to any extent, control of
premises to which this section applies or of the means of access thereto or
egress therefrom or of any plant or substance in such premises to take such
measures as it is reasonable for a person in his position to take to
ensure, so far as is reasonably practicable, that the premises, all means
of access thereto or egress therefrom available for use by persons using
the premises, and any plant or substance in the premises or, as the case
may be, provided for use there, is or are safe and without risks to health.
(3) Where a person has, by virtue of any contract or tenancy, an obligation
of any extent in relation to –
(A) the maintenance or repair of any premises to which this section applies
or any means of access thereto or egress therefrom; or
(B) the safety of or the absence of risks to health arising from plant or
substances in any such premises;
that person shall be treated, for the purposes of subsection (2) above, as
being a person who has control of the matters to which his obligation
extends.
(4) Any reference in this section to a person having control of any
premises or matter is a reference to a person having control of the
premises or matter in connection with the carrying on by him of a trade,
business or other undertaking (whether for profit or not).
A copy of the Health and Safety at Work etc Act 1974 (ISBN 0105437743,
£12.35) is available from Stationery Office (HMSO):
Stationery Office Ltd
PO Box 29
Norwich
NR3 1JN
Telephone: 0870 242 2345
Internet: www.tsoshop.co.uk
In relation to your query regarding what insurance the employer will need
the following information may be of some use:
The following guidance gives basic information on employers liability
insurance:
Most employers are required by the law to insure against liability for
injury or disease to their employees arising out of their employment.
Does the law apply to me?
You need employers’ liability insurance unless you are exempt from the
Employers’ Liability Compulsory Insurance Act. The following employers are
exempt:
-
most public organisations including government departments and agencies,
local authorities, police authorities and nationalised industries;
-
health service bodies, including National Health Service trusts, health
authorities, Family Health Services Authorities and Scottish Health Boards
and State Hospital Management Committees;
-
some other organisations which are financed through public funds, such as
passenger transport executives and magistrates’ courts committees;
-
family businesses, ie if your employees are closely related to you (as
husband, wife, father, mother, grandfather, grandmother, stepfather,
stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter,
brother, sister, half-brother or half-sister). However, this exemption
does not apply to family businesses which are incorporated as limited
companies.
How much cover do I need?
You must be insured for at least £5m. However, you should took carefully
at your risks and liabilities and consider whether you need insurance cover
of more than £5m. In practice, most insurers offer cover of at least £10m.
Do I need to tell my employees that I have employers’ liability insurance?
When you take out or renew a policy, your insurer will give you a
Certificate of Employers’ Liability Insurance. This must state clearly the
minimum level of cover provided and the companies covered by the policy.
You must display a copy of the Certificate of Insurance where your
employees can easily read it.
What happens if I do not have employers’ liability insurance?
The Health and Safety Executive enforces the law on employers’ liability
insurance and HSE inspectors will check that you have employers’ liability
insurance with an approved insurer for at least £5m. They will ask to see
your certificate of insurance and other insurance details.
You can be fined up to £2500 for any day which you are without suitable
insurance. If you do not display the certificate of insurance or refuse to
make it available to HSE inspectors when they ask, you can be fined up to
£1000.
Reference: HSE40, Employers Liability (Compulsory Insurance) Act 1969: A
Guide for Employers’, free for a single copy. This can be downloaded online
at the following web address:
hse.gov.uk/pubns/hse40.pdf
In relation to your query regarding what insurance the store will need the
HSE have not produced anything specific. However the following
organisation may be of some use:
British Insurance Brokers Association
14 Bevis Marks
London
EC3A 7NT
Tel: 0207 623 9043
Fax: 0207 626 9676
e-mail: enquiries@biba.org.uk
Internet: biba.org.uk/
In relation to your query regarding types of licences or certificates of
training, required by a ‘visiting’ driver before he/she is allowed to use
electric pallet trucks the HSE have not produced anything. However the
following information may be of some use:
Regulation 9 of the Provision and Use of Work Equipment Regulations 1998
(PUWER) is concerned with training. The Regulation states:
(1) Every employer shall ensure that all persons who use work equipment
have received adequate training for purposes of health and safety,
including training in the methods which may be adopted when using the work
equipment, any risks which such use may entail and precautions to be taken.
(2) Every employer shall ensure that any of his employees who supervises or
manages the use of work equipment has received adequate training for
purposes of health and safety, including training in the methods which may
be adopted when using the work equipment, any risks which such use may
entail and precautions to be taken.
The accompanying guidance states:
What is ‘adequate training’?
It is not possible to detail here what constitutes ‘adequate training’ as
requirements will vary according to the job or activity and work equipment
etc. In general, you will need to:
(a) evaluate the existing competence of employees to operate the full range
of work equipment that they will use;
(b) evaluate the competence they need to manage or supervise the use of
work equipment; and
(c) train the employee to make up any shortfall between their competence
and that required to carry out the work with due regard to health and
safety.
Account should be taken of the circumstances in which the employee works.
For example do they work alone or under close supervision of a competent
person?
When is training necessary?
Training needs are likely to be greatest on recruitment. However, training
needs are also required:
(a) if the risks to which people are exposed change due to a change in
their working tasks; or
(b) because new technology or equipment is introduced; or
(c) if the system of work changes.
Also, you should provide refresher training if necessary. Skills decline
if they are not used regularly. Pay particular attention to people who
deputise for others on occasions - as they may need more frequent refresher
training than those who do the work regularly.
Reference: L22, Safe use of work equipment: Provision and Use of Work
Equipment Regulations 1998, Approved Code of Practice and Guidance, ISBN
0717616266, £8.00.
Other relevant publications:
INDG291 - Simple guide to the Provision and Use of Work Equipment
Regulations 1998
INDG229 - Using work equipment safely
These leaflets can be downloaded online at the following web address:
hse.gov.uk/pubns/puwerind.htm
Further to this the following may also be of some use:
Regulation 13 of the Management of Health and Safety at Work Regulations
1999 is concerned with capabilities and training. The legislation states:
Regulation 13 Capabilities and training
- Every employer shall, in entrusting tasks to his employees, take into
account their capabilities as regards health and safety.
(2) Every employer shall ensure that his employees are provided with
adequate health and safety training -
(a) on their being recruited into the employer’s undertaking; and
(b) on their being exposed to new or increased risks because of -
(i) their being transferred or given a change of responsibilities within
the employer’s undertaking,
(ii) the introduction of new work equipment into or a change respecting
work equipment already in use within the employer’s undertaking,
(iii) the introduction of new technology into the employer’s undertaking,
or
(iv) the introduction of a new system of work into or a change respecting a
system of work already in use within the employer’s undertaking.
(3) The training referred to in paragraph (2) shall -
(a) be repeated periodically where appropriate;
(b) be adapted to take account of any new or changed risks to the health
and safety of the employees concerned; and
(c) take place during working hours.
The accompanying Approved Code of Practice (ACOP) and Guidance goes onto
explain:
ACOP 13
When allocating work to employees, employers should ensure that the demands
of the job do not exceed the employees’ ability to carry out the work
without risk to themselves or others. Employers should take account of the
employees’ capabilities and the level of their training, knowledge and
experience. Managers should be aware of relevant legislation and should be
competent to manage health and safety effectively. Employers should review
their employees’ capabilities to carry out their work, as necessary. If
additional training, including refresher training, is needed, it should be
provided.
Health and safety training should take place during working hours. If it
is necessary to arrange training outside an employee’s normal hours, this
should be treated as an extension of time at work. Employees are not
required to pay for their own training. Section 9 of the Health and Safety
at Work Act prohibits employers from charging employees for anything they
have to do or are required to do in respect of carrying out specific
requirements of the relevant statutory provisions. The requirement to
provide health and safety training is such a provision.
Guidance 13
The risk assessment and subsequent reviews of the risk assessment will help
determine the level of training and competence needed for each type of
work. Competence is the ability to do the work required to the necessary
standard. All employees, including senior management, should receive
relevant training. This may need to include basic skills training,
specific on-the-job training and training in health and safety or emergency
procedures. There may be a need for further training eg about specific
risks, required by other legislation. For those working towards National
and Scottish Vocational Qualifications, the Employment National Training
Organisation has designed stand-alone training units in health, safety and
the environment. These vocational units are for people at work who are not
health and safety professionals/specialists.
Reference: L21, Management of health and safety at work, ISBN 0717624889,
£8.00.
The following free leaflet may also be useful:
INDG345 - Health and safety training : what you need to know
This leaflet can be downloaded online at the following web address:
hse.gov.uk/pubns/indg345.pdf
Copies of these publications are available from HSE Books:
HSE Books,
PO Box 1999,
Sudbury,
Suffolk CO10 2WA
Tel: 01787 881165
Fax: 01787 313995
Email: hsebooks@prolog.uk.com
hsebooks.com
There are three methods of payment currently available from HSE Books:
- Via the post, bank cheques/ postal orders made payable to HSE Books
- Via the telephone, American Express, Master Card or Visa
- Existing approved credit account customers may use the Banks Automated
Clearing System (BACS).
However, new accounts are not being set up.
Many of the free publications can also be downloaded from the HSE Website:
www.hse.gov.uk
As an information service we are only able to provide information that is
published in HSE regulations or associated guidance. Therefore unable to
advise you on the HSE stance on the described common methods of delivery
and the
requirement for lorry drivers to have to unload their own lorry using the
delivery points equipment?
For advice/ interpretation on the above subject you will need to speak to
your enforcing authority for health and safety.
The enforcing office which covers your workplace is dependent on the nature
of the activities carried out at that workplace.
The HSE enforce over premises such as transport companies.
A map/list of all HSE regions is available on the web at:
hse.gov.uk/contact/maps/index.htm
I hope this helps, but if you require further assistance, please do not
hesitate to contact this address again or telephone HSE Infoline on 08453
450055.
Yours sincerely
Kelly
HSE Infoline