Restricting delivery drivers access to welfare facilities is unlawful

Published 19th March 2020

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Are you restricting a delivery drivers’ access to welfare facilities in your premises when they visit as part of their work?

What is the issue with access to welfare facilities?

HSE has responded to an issue regarding delivery drivers and their welfare. It has become more apparent  that some sites are refusing visiting drivers access to their welfare facilities, and HSE have decided to act.  To this end they have issued the following information:

“All drivers must have access to welfare facilities in the premises they visit as part of their work. 

It is being reported that some drivers are not being allowed access to use welfare facilities when they make deliveries.  Preventing access is not only against the law, but flies in the face of sensibility.”

The Workplace (Health, Safety and Welfare) Regulations 1992, Regulation 20 and 21 and the Approved Code of Practice (ACOP) L24, which has a special legal status, denotes the standard to be met and states ;

“Sufficient toilet and washing facilities should be provided to allow everyone at work to use them without unreasonable delay.” 

Whilst not specifying delivery drivers, “everyone at work” would include them.

Duty holders need to act now

Staying with the Driver theme also be aware that the Department for Transport has relaxed the legal strictures regarding drivers’ hours which are currently regulated.  This relaxation of the enforcement of EU Drivers hours rules is for those drivers specifically involved in the delivery of food, non-food but required goods and over the counter pharmaceuticals when undertaking the following journeys:

  • Distribution centre to stores (or fulfilment centre)
  • From manufacturer or supplier to distribution centre (including backhaul collections)
  • From manufacturer or supplier to store (or fulfilment centre)
  • Between distribution centres and transport hub trunking
  • Transport hub deliveries to stores

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