Can my employer force me to wear a bike helmet on my commute

Psamathe
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Re: Can my employer force me to wear a bike helmet on my commute

Post by Psamathe »

MikeF wrote:....Has the OP been instructed how or where to wear the helmet? :wink: :wink:
Many years ago I had a chap on my chainsaw instruction course who had to be reminded he had his helmet on back to front. :roll: Somehow he passed. :shock:

An important point. If it is a safety requirement then there are incorrect ways to fit a helmet (e.g. strap far too lose) and as an item of PPE the employer must surely organise a professional/expert to teach everybody how to correctly use the PPE.

Ian
reohn2
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Re: Can my employer force me to wear a bike helmet on my commute

Post by reohn2 »

Can I remind everyone about the chap who on the only charity ride we ever rode,was stopped looking bemused at his front wheel.
We stopped and I asked if there was problem, he said his front brake wasn't working.
On inspection the front wheel which was disc brake,was in the fork the wrong way round ie; rotor on the opposite side to the caliper :shock: ,he looked a leettle embarrassed when I took it out and turned it round for him Mrs R2(not the most mechanical minded person in the known universe)spotted the fault before we'd stopped and asked :)
We made a mental note to do any charitable giving by direct debit in future as it seemed the safest option :wink:
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Airsporter1st
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Re: Can my employer force me to wear a bike helmet on my commute

Post by Airsporter1st »

I would not bother arguing the toss - I just wouldn't wear one on the commute, full stop.
Flinders
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Re: Can my employer force me to wear a bike helmet on my commute

Post by Flinders »

I seem to recall that MR Finders' employer does have some rules about bikes when used between sites during working hours, but not sure what they are. I'll ask. They got touchy about site-site travel in general after a truly terrible accident in which an employee (on foot) was killed, so I can understand them having rules about it.

On the commute into work - I'd have thought unless you were going from home directly to a site not your usual place of work, when it could get hazy as to whether you were at work or not at a given point (especially if you passed your usual site en route) you might be on a stickier wicket.
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Lance Dopestrong
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Re: Can my employer force me to wear a bike helmet on my commute

Post by Lance Dopestrong »

jrnaumann wrote:Hi there,

I know this is an emotive subject and I'm not interested in the arguments for the efficacy of bike helmets here - also apologies if this has been covered before here but I couldn't see it.

Recently my boss sent an emailing stating that all employees and contractors must wear a helmet on their commute to and from work. Does anyone know whether this can be enforced and does he have any rights to insist on this?

Many thanks in advance


No. No more than they can tell you what car to drive, clothes to wear. People to associate with, or bars to hang out at.

On paid company time is another matter, but on the commute they can go swivel. Of course, a bike is a piece of machinery with the potential to cause serious injury or death, so if it is used at work the PUWER regulations apply and they must ensure you are competent in its use and any required training provided.
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Cyril Haearn
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Re: Can my employer force me to wear a bike helmet on my commute

Post by Cyril Haearn »

Lance Dopestrong wrote:
jrnaumann wrote:Hi there,

I know this is an emotive subject and I'm not interested in the arguments for the efficacy of bike helmets here - also apologies if this has been covered before here but I couldn't see it.

Recently my boss sent an emailing stating that all employees and contractors must wear a helmet on their commute to and from work. Does anyone know whether this can be enforced and does he have any rights to insist on this?

Many thanks in advance


No. No more than they can tell you what car to drive, clothes to wear. People to associate with, or bars to hang out at.

On paid company time is another matter, but on the commute they can go swivel. Of course, a bike is a piece of machinery with the potential to cause serious injury or death, so if it is used at work the PUWER regulations apply and they must ensure you are competent in its use and any required training provided.


What can/may the police make constables do or desist from, at work, on the way to work, in leisure time?
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Hobbs1951
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Re: Can my employer force me to wear a bike helmet on my commute

Post by Hobbs1951 »

I've not read the whole thread (and I'll not comment on the wearing of helmets) but this is a grey area: the employer clearly see's the companies Duty of Care extending into commuting time.
Perhaps if you had an accident and were off work as a result this may clarify the issue in terms of the consequences to you and your employment. You could draw a parallel with someone commuting in a car without a seatbelt or using a phone while driving - I appreciate the latter examples are illegal(s) but the outcomes could be considered similiar in employment terms.

Need more detail to comment in a more qualitative way.

Jon.
Hobbs1951
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Re: Can my employer force me to wear a bike helmet on my commute

Post by Hobbs1951 »

jgurney wrote:Are they going to require all staff who drive to work to sign undertakings to follow various specified safe driving practices, such as complying with speed limits?


If it is a company car (bike/motorbike/van) the answer is yes, equally if an employee uses their own car for business or even collecting the office sandwiches at lunchtime.

Jon.
brooksby
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Re: Can my employer force me to wear a bike helmet on my commute

Post by brooksby »

Hobbs1951 wrote:
jgurney wrote:Are they going to require all staff who drive to work to sign undertakings to follow various specified safe driving practices, such as complying with speed limits?


If it is a company car (bike/motorbike/van) the answer is yes, equally if an employee uses their own car for business or even collecting the office sandwiches at lunchtime.

Jon.


Don't forget that that raises - for a motorist - all sorts of insurance issues. It is my understanding that if your car is insured for the usual commuting and personal use, it's not actually covered if you then drive it on company business...
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[XAP]Bob
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Re: Can my employer force me to wear a bike helmet on my commute

Post by [XAP]Bob »

Many people will add incidental business use, since it often reduces the premium...
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Postboxer
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Re: Can my employer force me to wear a bike helmet on my commute

Post by Postboxer »

What if the cycle is on the cycle to work scheme, does that, in effect, make it a company bike? Can they then stipulate in what manner the cycle is used?
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pjclinch
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Re: Can my employer force me to wear a bike helmet on my commute

Post by pjclinch »

Psamathe wrote:
MikeF wrote:....Has the OP been instructed how or where to wear the helmet? :wink: :wink:
Many years ago I had a chap on my chainsaw instruction course who had to be reminded he had his helmet on back to front. :roll: Somehow he passed. :shock:

An important point. If it is a safety requirement then there are incorrect ways to fit a helmet (e.g. strap far too lose) and as an item of PPE the employer must surely organise a professional/expert to teach everybody how to correctly use the PPE.


For some values of professional/experts...

I am somewhat unusual in being a Bikeability instructor that insists on not wearing dayglo/helmet to teach in (I only do it in my spare time, mostly as a volunteer, so I can afford to be in the Awkward Squad), but I am very much the exception and when I go to gatherings of Cycling Scotland's trainers then there are always some, sometimes including amongst the top-level CS Tutors, that have helmet straps so loose that it would be fairly easy to remove the helmet without undoing it or causing any pain to the wearer or damage to the hat. Typically people that think they should teach in a helmet as it sets a "good example"...

The pro peloton also includes quite a few very loose helmet straps, though at least they don't go for the 20 degree backward tilt that's so popular elsewhere.

Folk are often surprised that as a non-wearer I seem to know more than most about them and how to fit them. They don't see that they're perhaps connected points...

Pete.
Often seen riding a bike around Dundee...
Hobbs1951
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Re: Can my employer force me to wear a bike helmet on my commute

Post by Hobbs1951 »

brooksby wrote:Don't forget that that raises - for a motorist - all sorts of insurance issues. It is my understanding that if your car is insured for the usual commuting and personal use, it's not actually covered if you then drive it on company business...


I am well aware, but the issue for the motorist if he/she has an accident on the sandwich run then the employer could be liable if the car is not considered roadworthy...e.g not insured correctly, untaxed, expired MoT, illegal tyres...

J.
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Lance Dopestrong
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Re: Can my employer force me to wear a bike helmet on my commute

Post by Lance Dopestrong »

Cyril Haearn wrote:What can/may the police make constables do or desist from, at work, on the way to work, in leisure time?


A constabubble requires permission from the Chief Freemason to live anywhere (although European law regarding living and working anywhere in Europe currently trumps that), do any other paid or unpaid work, associate knowingly with villains, must declare certain associations (I'm still friendly with a lad I went to school with who's now a Hells Angel so I had to declare that), stuff like that. Even though theyre not being paid theyre also considered to automatically be on duty from the moment they leave for work, until they finish their journey home, so any car accidents etc going to and from are investigated as PoLALs/PolCols. Even as agents of the Crown they can't be made to wear cycle helmets, and to try and force them would be counter to their yooman roights to freedom of expression
MIAS L5.1 instructor - advanded road and off road skills, FAST aid and casualty care, defensive tactics, SAR skills, nav, group riding, maintenance, ride and group leader qual'd.
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Cyril Haearn
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Re: Can my employer force me to wear a bike helmet on my commute

Post by Cyril Haearn »

Lance Dopestrong wrote:
Cyril Haearn wrote:What can/may the police make constables do or desist from, at work, on the way to work, in leisure time?


A constabubble requires permission from the Chief Freemason to live anywhere (although European law regarding living and working anywhere in Europe currently trumps that), do any other paid or unpaid work, associate knowingly with villains, must declare certain associations (I'm still friendly with a lad I went to school with who's now a Hells Angel so I had to declare that), stuff like that. Even though theyre not being paid theyre also considered to automatically be on duty from the moment they leave for work, until they finish their journey home, so any car accidents etc going to and from are investigated as PoLALs/PolCols. Even as agents of the Crown they can't be made to wear cycle helmets, and to try and force them would be counter to their yooman roights to freedom of expression


Thanks for the info

I asked another question elsewhere, what do countstables carry about their persons?

I saw a pic of met cops, one had little flags on her tunic (GB+US), that obviously means she speaks English and American. The other cop had a rifle AND a pistol, phone, handcuffs, several unidentifiable pouches, what do these contain?
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