What is the point of the Health and Safety Executive?
One of our members contacted the HSE (Health and Safety Executive) about the dangers of large vehicles reversing long distances due to Council road closures.
On their website the HSE advise:-
Reversing What's the problem?
Nearly a quarter of all deaths involving vehicles at work occur during reversing. Many other reversing accidents do not result in injury but cause costly damage to vehicles, equipment and premises.
Most of these accidents can be avoided by taking simple precautions.
Remove the need for reversing altogether, by setting up one-way systems, for example drive-through loading and unloading positions. Where reversing is unavoidable, routes should be organised to minimise the need for reversing.
This is the reply:-
Thank you for contacting the Health and Safety Executive with your enquiry regarding a number of road closures in the London Borough of Waltham Forest and the impact this may have on large vehicles such as refuse collection lorries.
The purpose of The Health and Safety at Work etc Act 1974 includes protecting people other than those at work from risks to their health and safety arising out of or in connection with the activities of people at work. Section 3 of the Act places general duties on employers and the self-employed towards people other than their employees, such as members of the public. However, the scope of this section is very broad, hence HSE has adopted a Policy in relation to this Section to assist in determining action in cases such as investigations and concerns. Having considered the concern you raise, it does not meet the Policy criteria for investigation. You may view this Policy here: Section 3 of the Health and Safety at Work etc Act 1974 - HSE Policy
In taking the decision to close roads, it is expected that the relevant authority should consider the safety implications of such decisions, and review its risk assessments and control measures in light of any significant changes that may be made due to the road closures.
Whilst HSE will not be investigating this matter further, you may wish to raise your concerns directly with the local authority or via your local councillor.
HSE’s role requires us to ensure that duty holders comply with legislation, however we do not prescribe in detail how that is achieved. Because every undertaking is unique and diverse the onus is on the duty holder to ensure that they comply with current legislation.
HSE is only able to provide generic information on health and safety issues and cannot give specific advice on individual cases, as the circumstances of each individual situation will be different. Any views given by us on the interpretation of the Regulations represent our best judgement at the time, based on the information available. Ultimately, only the courts can give an authoritative interpretation of the law when considering the application of the Health & Safety at Work etc Act 1974 and the Management of Health and Safety at Work Regulations 1999.
Yours sincerely
Garry Haseldine | Advice Officer
Concerns and Advice Team | Operational Services Division
Health and Safety Executive | Redgrave Court, Merton Road, Bootle, L20 7HS
