Tuesday July 7, 2020
For the road ahead

HGV drivers must have access to toilet facilities

2/6/2020

The Department for Transport and the Health & Safety Executive have reminded firms that lorry drivers must have access to toilets and hand washing facilities.

They said businesses which make or receive deliveries should ensure that truckers have easy and safe access to toilets and hand washing facilities to support their health and wellbeing whilst working.

A letter from Transport Minister for Roads and Security Baroness Vere makes it clear that preventing access is against the law, pointing to Workplace (Health, Safety and Welfare) Regulations 1992.

Operators are advised to provide their drivers a copy of the letter so that it can be shown as confirmation of the regulations should the need arise.

What about COVID-19?
Baroness Vere said that making facilities available to drivers is "especially important during the current COVID-19 crisis, to avoid unwanted public health implications and to help tackle the spread of the virus, at a time when there are fewer locations operating with facilities that drivers can access."
Fears over COVID-19 transmission should not be used as an excuse to deny someone their right to access facilities.

What does the law say and who's responsible?
Regulations 20 and 21 state that suitable and sufficient sanitary conveniences and washing facilities shall be provided at readily accessible places and that hot and cold running water and soap must be available to use.

The responsibility in law to provide access rests with the person in control of the premises.

What should drivers do if they're refused access?
Remind premises management of their responsibilities. If that doesn't work report the matter to the HSE.

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