the negotiator
Health and Safety rules are a blessing, not a curse
“M
contractor. I will argue strongly otherwise. Based on their any longer. I have enough of stupid business model, the major new operators know that if they people and long hours!” Ahmed’s seriously controlled the hours worked by their drivers it would words came as no surprise to me. reduce the available hours to their business resulting in a He had been calling me regularly to complain that he was need to increase prices. So, it is in their interest not to look too unable to earn enough to pay for his car and other expenses closely at the hours driven by their workers. necessary to keep him on the road. As a professional driver, he LONE WORKERS had been working over 50 hours a week in order to meet his The HSE’s guidance for lone workers provides even greater commitments. However, this was not enough. So he had begun clarity regarding health and safety. A lone worker is defined a punishing schedule of driving even more hours. as someone who works by themselves without close or direct Dennot Nyack As a consequence, he had been involved in some minor supervision and covers persons working as a contractor, a scrapes, witnessed by his passenger who had complained to freelancer or self-employed. This covers private hire drivers. The union view the operator, and on one occasion he had fallen asleep at the https://www.hse.gov.uk/lone-working/ from our GMB wheel while driving home. He was now at the end of his tether In such cases the employer must provide the worker with representative and wanted advice from either me or the union. support and training; keep in contact with the worker and When I first drove as a private hire driver I enjoyed the prevent work-related violence. driving and being with passengers. It was interesting to engage Like an employee, a private hire driver/worker must take care of their own with people from a wide background.My passengers were as diverse as the health and safety and that of others who may be harmed by their actions at singer Bjork and Patrick Duffy (Bobby Ewing in Dallas!). I did crazy hours work. However, this does not obviate the responsibilities of the employer/ 60+ over 5 to 7 days. operator. However, I was in my thirties When I returned to private hire in my sixties I could not do those hours any more. Ahmed was in his fifties and was SOLUTIONS? physically and mentally unable to do the work. There are many things that can affect the health and safety of the private This is the situation faced by many drivers, particularly those turning to the hire professional. These include extensive working hours, violence, threats of private hire profession following Covid. It is unhealthy and unsafe, posing a violence and medical & mental health issues. I believe the most important to danger to passengers, other road users, and the drivers themselves. be driver hours. Workers should feel and be safe while working and when The HSE and the Department for Transport are exploring travelling to and from work. This should be true for taxi and the potential safety benefits of safety technologies in vehicles, private hire drivers as well as for the broader workforce. I will covering technologies such as telematics, drowsiness and argue that the situation faced by professional drivers is dire distraction systems and collision warning systems which could and change is urgently required to ensure their safety. help monitor safety-related events or driver behaviours to support learning and safety improvements. These are good and HEALTH AND SAFETY progress can’t be quick enough. The law covering occupational health and safety in the UK However, a system must be brought into play that will is the 1974 Health and Safety at Work etc Act (HSWA). Don’t prevent drivers from overworking. This is even more urgent worry, I’m not going to provide a lecture. where drivers are using the apps of more than one operator. The Act sets out the duties that employers have towards It would appear that the extension of the use of employees and members of the public; employees have to tachographs, which record information about driving time, themselves and to each other; and certain self-employed have speed and distance, to private hire vehicles could prevent towards themselves and others. overworking. Preventing such behaviour will make for a safer According to guidance provided by the Health and Safety environment for drivers, their passengers and other road Executive (HSE), no harm need to have occurred for an users. offence to be committed under HSWA, there only has to be a By the way, I advised Ahmed to give up driving. When risk of harm. The most important thing is what the employer I last spoke with him he was working in-store for a major does to manage and control risk in the workplace. Paperwork supermarket chain, and seemed a lot less stressed! alone does not prove compliance with the law. —Dennot Nyack https://www.hse.gov.uk/simple-health-safety/law/healthsafety-law.htm n Dennot is a AGM trade union member and was a former I believe that allowing drivers to work unreasonably long representative of the GMB’s professional drivers. He is hours, whether they wish to do so or not, poses a serious risk of harm. My work pattern when I was in my thirties was no also an author and broadcaster with a strong knowledge more safe than when I attempted to do so in my sixties. of the private hire industry and an equality and The major operators will claim, despite the Uber case, that diversity specialist. email: dennotnyack@yahoo.com their relationship with their drivers is that of a principal and mobile: +44 0740 625 276
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r dennot I can’t work at this rate
“Workers should feel and be safe while working and when travelling to and from work. This should be true for taxi and private hire drivers as well as for the broader workforce...”
JUNE 2022
