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