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

[reohn2]

Had a thought on this:

My employer has a large site with a fairly long driveway, which is considered to be a road to which the Road Traffic Act applies. Could they require cycle helmets on the land which they control?

And if they can, how about other private landowners? Local authorities?

If they could they'd need to provide you with BSI standard safety kit

[thirdcrank]

Still with the OP, this isn't a matter of what an employer can do, it's what they think they can do. If they are wrong and persist, then the employee will be vindicated and in certain circumstances eg discrimination, they may get a big pay out, but many people would like a hassle-free job rather than eventually having the last laugh when they go to sign on.

Cycle helmets are one of those areas where many people "know" the law, even when they don't. The "Police thugs" thread was started after a rider was physically brought to a stop by a police officer to be advised on helmets and hi-viz.
viewtopic.php?f=7&t=82174

Blackbike's post covers much of what I've been trying to say, but I'm not talking about convictions, rather about actions which can be connected with the employer; arriving at work and leaving provides that connection. To get this away from the emotive subject of cycle helmets, imagine a works in a residential area. Around here we have any number of former mills and the like, cheek-by-jowl with terraced housing which once housed the workforce. Imagine a dispute over inconsiderate on-street parking by staff which escalates to the point of attracting the attention of the local rag, pictures in the paper etc. Is the employer entitled to tell the workforce they must be good neighbours, because to do otherwise would reflect badly on the company?

[blackbike]

Still with the OP, this isn't a matter of what an employer can do, it's what they think they can do. If they are wrong and persist, then the employee will be vindicated and in certain circumstances eg discrimination, they may get a big pay out, but many people would like a hassle-free job rather than eventually having the last laugh when they go to sign on.

Cycle helmets are one of those areas where many people "know" the law, even when they don't. The "Police thugs" thread was started after a rider was physically brought to a stop by a police officer to be advised on helmets and hi-viz.
viewtopic.php?f=7&t=82174

Blackbike's post covers much of what I've been trying to say, but I'm not talking about convictions, rather about actions which can be connected with the employer; arriving at work and leaving provides that connection. To get this away from the emotive subject of cycle helmets, imagine a works in a residential area. Around here we have any number of former mills and the like, cheek-by-jowl with terraced housing which once housed the workforce. Imagine a dispute over inconsiderate on-street parking by staff which escalates to the point of attracting the attention of the local rag, pictures in the paper etc. Is the employer entitled to tell the workforce they must be good neighbours, because to do otherwise would reflect badly on the company?

I'd say no.

Your employer might have certain grounds for action if you do something 'bad' or illegal outside work, but failure to do something kind and considerate such as leaving a legal parking space for someone else, would not be grounds for any action.

A problem these days is many employers know they can tell employees to do things which they are not entitled to tell them to do. I know of several employers who expect staff to work unpaid to prepare for their shift and to work unpaid after it has ended, for example closing or opening the shop, balancing their till or undergoing security checks. Staff on low or zero hours contracts often don't complain about this because they know if they do they'll be put on their minimum contracted hours for weeks and possibly permanently as a punishment for disobedience.

Argos and Sports Direct are two companies who have been fined and told to pay staff backpay for activities which involve telling them to do things outside their contract work times.

I have no doubt that many workers in insecure, casualised and minimum wage employment would wear a cycle helmet for commuting if their employer demanded it just to keep their noses clean and reduce the risk of reprisals.

In general, if you aren't being paid then your employer can't tell you to do anything.


https://www.theguardian.com/business/20 ... unite-hmrc

https://www.theguardian.com/business/20 ... nimum-wage

[belgiangoth]

untrained learning cyclists are the group that benefit from helmets

Often claimed, never proved, has it?

The only way to "prove" something like this would be to get a large number of twins and make them crash in exactly the same way, then compare the helmeted to the non-helmeted twin.
Failing that though, you can check the engineering designs and specifications of cycling helmets (helmet is not a good name for them tbf), which are typically to protect from damage from a static fall of 2m or less. Training cyclists are more likely to be 2m or less and crash in static or semi static circumstances. Hence why it makes more sense for them than established cyclists.

In Brum when I did bikeability training I was told that you had to be seen arriving to the school in a helmet. As I had to borrow a helmet for the training as I didn't own one...

[Pete Owens]

You wouldn't need a large number of twins - you just need to do a controlled randomised double blind test as you would if you were testing whether a new drug worked. Bikability training sessions would be ideal as the level of exposure to risk and the time taken and manoeuvres performed are all controlled. The way it would work is this:

Participants would be asked to consent to participate in a study on helmet effectiveness. Helmets would be issued by the trainers. All the helmets would appear to be identical, but half of them would be placebo helmets (the foam would be replaced by a non-crushable alternative). Each helmet would be numbered and the trainers would record the number of the helmet issued to each trainee and for how many sessions. Every head injury occurring during the sessions would also be recorded. Neither the trainers or the trainees or the people performing the study would know at the time whether the particular figures they were processing were for placebo or real helmets.

[Postboxer]

If the compulsion by the employer is because they believe it is safer, therefore better for your health, can they can dictate anything they like along health grounds, what you have for breakfast, how much you drink, I wonder how many working days are lost to hangovers a year, then how many are lost due to lack of cycling and exercise.

I'd be half tempted to send the employer a bill for my helmet of choice, then encourage all colleagues to do the same, whether or not they cycle to work, they may choose to one day.

[[XAP]Bob]

If the compulsion by the employer is because they believe it is safer, therefore better for your health, can they can dictate anything they like along health grounds, what you have for breakfast, how much you drink, I wonder how many working days are lost to hangovers a year, then how many are lost due to lack of cycling and exercise.

I'd be half tempted to send the employer a bill for my helmet of choice, then encourage all colleagues to do the same, whether or not they cycle to work, they may choose to one day.

At least two - you need to let each air. And of course to mention that they should be replaced any time they are dropped at all, so any time someone knocks one off your desk, or kicks it under the desk...

Then add a full Nomex suit, helmet and HANS device in case you decide to drive in.

[sapperadam]

Read through some of the thread. My employer almost did the same thing, but didn't specify the commute (they knew they couldn't) but did specify that cyclists MUST wear a helmet while on their site. As the site is several miles long by a mile wide, it's a bit difficult to cycle to the gate, don helmet (or walk) and travel to office from gate.

Most people have already said they cannot force you to wear on the commute, the reason being is that they are not responsible for your safety at that point, if you have a large enough site though, the employer can make a policy on their site and failure to comply would come under Section 7 of the HASAW Act.

I'm a trendy consumer. Just look at my SM-G361F using hovercraft full of eels.

[AlaninWales]

Read through some of the thread. My employer almost did the same thing, but didn't specify the commute (they knew they couldn't) but did specify that cyclists MUST wear a helmet while on their site. As the site is several miles long by a mile wide, it's a bit difficult to cycle to the gate, don helmet (or walk) and travel to office from gate.

Most people have already said they cannot force you to wear on the commute, the reason being is that they are not responsible for your safety at that point, if you have a large enough site though, the employer can make a policy on their site and failure to comply would come under Section 7 of the HASAW Act.

I'm a trendy consumer. Just look at my SM-G361F using hovercraft full of eels.

I believe ou will find that they cannot do this either (if they say it is for H&S reasons), since HSE have ruled that cycle helmets are not PPE. They can of course say they are part of the dress code if you cycle for work purposes (as the PO did). If you are cycling for work purposes, presumably that is paid time (so the time from the gate to - wherever - counts as paid time).

[reohn2]

They'd also have to supply the specific safety head gear

[Vorpal]

Read through some of the thread. My employer almost did the same thing, but didn't specify the commute (they knew they couldn't) but did specify that cyclists MUST wear a helmet while on their site. As the site is several miles long by a mile wide, it's a bit difficult to cycle to the gate, don helmet (or walk) and travel to office from gate.

Most people have already said they cannot force you to wear on the commute, the reason being is that they are not responsible for your safety at that point, if you have a large enough site though, the employer can make a policy on their site and failure to comply would come under Section 7 of the HASAW Act.

As above, the Health and Safety Executive have specifically excluded cycle helmets from PPE. So, failure to commply cannot fall unser HASAW. The only thing someone will have failed to comply with is company policy. It's akin to dress code or working hours rules, rather than H&S.

[Vorpal]

They'd also have to supply the specific safety head gear

That's only true if a helmet is considered PPE. Otherwise, they only have to specify that someone wears a helmet. They could specify that it meet a particular standard, but again that is only company policy and not PPE.

[reohn2]

They'd also have to supply the specific safety head gear

That's only true if a helmet is considered PPE. Otherwise, they only have to specify that someone wears a helmet. They could specify that it meet a particular standard, but again that is only company policy and not PPE.

Sometime last summer on a cycle path near Lancaster Mrs R2 and I witnessed a middle-aged woman coming the opposite way,cycling wearing a cycle specific helmet,.
What was so remarkable was that she had it on frack to bunt with the pointy bit sticking out waayyy past her forehead.
I had to stop the tandem for fear of falling off we were laughing so much as she looked like some prehistoric bird

[Vorpal]

Sometimes, when I've done charity rides where a helmet was required, I... decorated it. With antennae, or to look like a lady bird or something. Once, I cut a rubber fish in two, and put the head on the front of my helmet, and the tail on the back.

I've never worn worn it front to back, though

[MikeF]

They'd also have to supply the specific safety head gear

That's only true if a helmet is considered PPE. Otherwise, they only have to specify that someone wears a helmet. They could specify that it meet a particular standard, but again that is only company policy and not PPE.

Sometime last summer on a cycle path near Lancaster Mrs R2 and I witnessed a middle-aged woman coming the opposite way,cycling wearing a cycle specific helmet,.
What was so remarkable was that she had it on frack to bunt with the pointy bit sticking out waayyy past her forehead.
I had to stop the tandem for fear of falling off we were laughing so much as she looked like some prehistoric bird

Has the OP been instructed how or where to wear the helmet?

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. Somehow he passed.