Delivery Q&A with worknest.

Q&A

with worknest

(employment law and health and safety advisors)

If a food business asks someone who is self-employed to do deliveries for them, do they need to be concerned whether that person is suitably insured for doing deliveries, or is it the responsibility of the delivery driver?

We would need to determine what type of insurance we are referring to and what activities they are completing for the business. This is, however, something you would need to check is in place in case there is an accident or incident they have been involved in.

The use of bicycles for delivery is increasing in city centres, but what responsibility and insurance do businesses using them need to consider?

You would need to consider the following as part of your risk assessment. 1. The bike is safe to use and is regularly checked and maintained (this would involve regularly cleaning and lubrication of the chain, pumping of tyres and replacement of any worn parts, for example). 2. Check with your current insurer if the activity is covered by your current policy, if not, you will need to ensure that this is covered. 3. Ensure that the rider is competent to ride, and that they have been taken through your safe working procedures and health and safety rules. 4. Ensure that you do not overstock the bike and that it can be ridden safely at all times. 5. Be aware of any changes in the road conditions, road works, weather etc. in the local area and make regular checks. 6. Ensure the rider wears high viability clothing so they can be seen, and have clothing for hot and wintry conditions. 7. Welfare facilities are provided at a base including a toilets and hand washing facilities, a place to rest and have a drink. 8. Have a robbery procedure in place and other controls to deal with violence. 9. How you can communicate to one another, whether it be mobile phone or walkie talkie. 10. Breakdown and emergency procedures are developed. This is not an exhaustive list and there may be more control measures needed to reduce the risk even further.

Does a self-employed driver need to have certified training in food hygiene because they are handling food deliveries, even though they may be packed by someone else in a shop?

We would need to determine what is meant by ‘handling’. If possible, in a food business, we encourage all members of staff to receive as much training as possible. No one has been found guilty of food safety offences for providing ‘too much training.’ Therefore, if in doubt, provide it.

Just to give you two example scenarios, if the driver is delivering a food item which is sealed in a bag or box, they do not touch the food and the item is delivered in 20 minutes, then a basic Level 1 food training in most scenarios should be sufficient.

If the delivery however is from a ‘snack van’ which are typically seen in business parks and industrial estates where food is delivered and hot items such as sausage rolls, pasties etc. are managed and handed, then Level 2 food safety should be completed with each driver.

If there is a case of food poisoning with a food item that is delivered, is it the shop or the driver who is responsible?

This is not a straightforward answer as two scenarios are never the same. What we would ask is that there is a thorough investigation completed and the root cause determined.

We have seen incidents where the driver, the sandwich retailer and even the supplier have been at fault in a food poisoning incident. The best advice we can provide is as follows.

Check your supplier HACCP and allergen information and ensure copies are saved. Ensure that this is regularly updated, and they make you aware of any allergen or recipe changes.

Ensure that you discuss with the delivery company the requirements for the delivery, does it need to be delivered in 30 minutes? There is no reason you cannot specify the requirements to your delivery provider on what time limits are needed for your food to be delivered safely and in the correct quality.

If they are delivering it within cold refrigerated vans, have you seen temperature records, and do they provide these before you hand over the food.

Have an incident and compliance procedure which will allow you to determine the root cause of the incident. It is also important to save these to help determine if a pattern forms.

We are aware that delivery drivers using their own vehicles and handling hot food are not covered by standard business use on motorbikes etc., but does this also apply to cold or chilled food deliveries?

We would need to know more about this before answering this question. It maybe a question for your insurer if it is to do with that.