Health and Safety
Executive / Commission
Local authority circulars
To: Directors of Environmental Health/ Chief Environmental Health Officers of London, Metropolitan, District and Unitary Authorities and Chief Executives of County Councils.
For the attention of: Environmental Services / Trading Standards / Fire Authorities / Other
This circular gives advice to local authority enforcement officers
The attached operational circular (OC 549/3) is equally relevant to both HSE and LA enforcement officers.
| Health and Safety Executive | Operational Circular | ||
| Field Operations Directorate | OC 549/3 |
| Review Date | 26/06/2011 | Open Government Status | Fully Open |
|---|---|---|---|
| Version No & Date | 1: 26/06/2001 LAU version | Author Unit/Section | Food and Entertainment Sector (Food Section) |
MILK DELIVERY: RIDING ON THE BACK OF VEHICLES
1 The hazard involves milk delivery workers (often youngsters) travelling without proper seating arrangements, perched or clinging to the rear of milk delivery vehicles, or riding passenger with the door open. This is usually done in order that they may jump off the vehicle to deliver milk and quickly rejoin the vehicle to be carried to the next delivery point.
2 The hazard arises principally on small flatbed lorries or converted vans (as distinct from slower moving electric milk floats) and occurs particularly when the vehicles are driven at a faster speed between milk delivery areas. The risk is from the worker falling off onto the road or being involved in a road traffic accident. Such accidents have frequently attracted publicity, particularly when youngsters are injured.
3 Electric milk floats, usually operated by only one person, are more commonly used in England/Wales and it seems the number of injuries is correspondingly lower. Whilst riding on milk floats may have been a problem in the past, such activity is now generally prohibited by employers. In a recent survey of members the Dairy Industry Federation had only 4 such accidents reported in recent years; although some degree of under-reporting is probable. The Food Section is aware of 2 recent milk float accidents. In one a young boy helping the milkman was killed by the reversing milk float; in the other incident a boy fell from the side step of a milk float as it cornered and he received severe head injuries. Even though such incidents are serious, it seems likely the scale of the problem is small, for example 2 or 3 accidents per year.
4 In Scotland, where diesel-powered vehicles of various designs are more commonly used, there is a greater risk of injury if another person is helping the driver with deliveries. Accidents have occurred when children have fallen or jumped from moving vehicles. The risk is increased when the vehicle is negotiating a bend or if it stops suddenly. Injuries have been sustained when children have fallen in the path of other moving vehicles or due to impact with, for example, the road, kerb or street lights.
5 In a recent incident in Scotland a child aged 11 years fell out of the open side door of a Ford transit van while delivering milk and suffered leg injuries. He had been sitting on a timber seat fitted over the rear wheel arch inside the van, with his left leg dangling out of the side door. His foot came into contact with one of the rear wheels which had pulled him out of the vehicle and ran over his foot. The employer was charged by the police under the Children and Young Persons (Scotland) Act 1937, s.28(1)(a) for under-age employment.
6 Accurate injury figures are not readily available because of the nature of reports made under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) and earlier legislation. Individual surveys have been carried out and include one in Strathclyde Region, Scotland (a very large Region including Glasgow) between December 1981 and December 1984. This survey showed that 15 accidents were reported in that time period; 4 were fatal and 6 were serious. However, accident figures now are likely to be significantly lower as doorstep deliveries now only account for less than 10% of milk consumed and as single person deliveries are now the norm.
7 It is the view of HSE and of the police that the safe carriage of passengers on road vehicles is primarily dealt with by the Road Vehicles (Construction and Use) Regulations 1986 (Road Vehicles Regulations) (principally reg.100(1)) enforced by the police. The Provision and Use of Work Equipment Regulations 1998 (PUWER) will apply to road-going vehicles for use at work but the standards required by the Road Vehicles Regulations should be adequate and take precedence. Consequently the police will be responsible for enforcing how passengers are to be carried on milk delivery vehicles on the road.
8 HSE inspectors will inspect any milk delivery activities associated with dairies and should discuss with relevant employers the overall safe system of work for milk delivery. Local authorities normally inspect and enforce the Health and Safety at Work etc Act 1974 (HSW Act) provisions within milk distribution depots and may enquire about peripatetic workers; but enforcement for failure to maintain safe systems of work for milk delivery on the roads under HSW Act, s.2 is not allocated to LAs, and hence falls to HSE. Local authorities visiting milk distribution depots may be willing to give advice in accordance with this OC and refer any cases of difficulty to HSE.
9 Current HSE/LA enforcement demarcation responsibilities are likely to change as part of the review of the Health and Safety (Enforcing Authority) Regulations 1998. Consultation on this is proposed from Autumn 2001, with new regulations proposed for Autumn 2002.
10 If an incident occurs on the road, it may be reportable under RIDDOR. If reportable, HSE is the enforcing authority as enforcement responsibility for any vehicle-based mobile workplace operating on the highway falls to HSE. An investigation of the accident may indicate that the matter is prima facie for the police under their legislation or that the matter is best progressed by the HSE discussing, in conjunction with the LA if related to a distribution depot, safe systems with the employer as above. (It is possible for situations to arise where an incident which occurs on the highway involves an offence which is actually committed at the base and this possibility should be borne in mind).
11 In discussing a safe system of work for milk delivery, the preferred precaution is for all passengers to be properly seated in the cab whenever the vehicle is in motion. If that cannot be achieved, then the risk can be reduced by use of a side entry enclosed van or by a modification to allow carriage of persons safely on the vehicle load space. However, the employer would be advised to refer to the local police as to the adequacy of the passenger provision.
12 One Scottish dairy successfully modified its flatbed delivery vehicles some years ago to provide proper and secure seating on the nearside edge of the flatbed, immediately behind the cab. The modification provided 2 custom-built seats for delivery workers incorporating a safety bar or chain in front of them. The Department of Transport advised they had no objection. Even so, such seating should not be used other than when actually delivering milk, and should not be used to transport workers to and from delivery areas and similar high speed, main road journeys. Where vehicle modification is proposed, the employer would be advised to consult with the local police.
13 Whilst, in general, any rear step should be removed to discourage unauthorised 'hanging on', one dairy is known to have made an enclosed platform at the rear of the vehicle capable of withstanding a 30 miles an hour impact from the rear.
14 Another aspect which needs to be considered during milk delivery, especially during hours of darkness, is the need for high visibility clothing to BS EN 471: 1994 Specification for high visibility warning clothing, eg yellow jackets with reflective stripes. However the Personal Protective Equipment Regulations 1992 do not apply where personal protective equipment is used for protection while travelling on the road.
15 In England and Wales the employment of youngsters in 'non-industrial' activities is governed by The Children and Young Persons Act 1933 and enforced by the local authority. In Scotland the equivalent legislation is the Children and Young Persons (Scotland) Act 1937. Some LAs have by-laws prohibiting children undertaking milk delivery activities.
16 The health and safety of young persons is governed by the Management of Health and Safety at Work Regulations 1999.