Quoted message said:the Health & Safety At Work Act is a seriously powerful piece of legislation...
Which is absolutely irrelevant to the issue of 'cycling postmen'. In fact the only way the deluded,
car-centric individuals who thought helmets were a good idea could push this though was to claim a
polystyrene hat was part of a postmans 'uniform'. Ergo posties will be sacked for not wearing
approved uniform, not on H and S grounds. Again, I see postemen everyday waering non approve
clothing so the fact postmen are being sacked shows just how determined some are to see all postmen,
(and all cyclists come to that) wearing bits of polystyrene on our heads. If the PO is really
concerned about the safety of cyclists it could start by educating its van drivers to keep within
the law and drive with due consideration, including the one who failed to give way to me at a
contraflow gateway the other day and who was doing at leat 40MPH in a 20 MPH zone...
It would be great if H and S legislation could be extended to the public road, in fact the HSE are
looking to see how such legislation might be applied to 'the use of motor vehicles in the work
place'. Given that the basic tenent of HSE legislation is to reduced the source of danger, with the
use of PPE ('Personal Protective Equipment', such as helmets) being a last resort we could expect to
see vehicle speeds reduced to 20 or perhaps 10 MPH anywheret they pose a risk to others. Bring it
on! In fact under HSE legislation, an employer who provides PPE rather then reducing the source of
danger is likely to be held liable for any injuries or deaths that occur..
Anyone would like to know the HSE's official stance on the use of polystyrene hats by postmen might
like to read the following, sent in reply to an inqiry made by the Colin Clarke of the UK National
Cycle helmets forum.
Dear Colin,
Thank you for your report on the effect cycle helmets have on cycle safety. Unfortunately HSE are
able to offer you little help in this area as we only have responsibility towards cyclists while
they are engaged in a work activity. These cyclists will represent a very small number of the total.
HSE has no remit with regards to workers cycling to and from work. Furthermore cycle helmets used on
the public highway are specifically excluded from the Personal Protective Equipment (PPE) at work
regulations. This means that it would be very hard for an employer to force an employee to wear a
cycle helmet on health and safety grounds, they will however be free to require employees to wear
cycle helmets as part of their uniform.
HSE has no remit to dictate the uniform policy of a company unless it falls within the scope of PPE.
Ultimately the wearing of cycle helmets is a matter on individual choice, any stance to the contrary
could potentially be challenged on human rights grounds. With regards to the use of cycle helmets on
the public roads by members of the public, this is a policy area that falls totally within the remit
of the Department for Transport.
Yours, Jon Windeatt Health & Safety Executive Safety Policy Directorate Workplace Transport &
Special Hazards Section.
30 Sept 2002
