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Case 89 - Driver refused to allow customer on bus with hot drink because of health and safety

Issue

A customer tried to board a bus with a hot cup of coffee - the driver refused to allow them on the bus with the hot drinks saying this was because of health and safety.

Panel decision

There is no occupational health and safety legislation prohibiting the consumption of hot drinks on a bus. The bus company may have other reasons related to its duties under passenger transport legislation to ban hot drinks but it is far more likely that this is an issue associated with risks of spillage and litter on the bus. Transport companies are free to determine their own policy on conditions of carriage of passengers but should not incorrectly quote health and safety as their excuse for an unpopular decision.

2012-11-01