Cycle helmets are specifically excluded from HSE Health and safety
regulations. Posties can only be required to wear helmets on the basis
that these form a part of their uniform. Given that most posties around
my way drive like nutcases and dress like tramps I would have thought
there were more important issues for the Post Office to concern
themselves with...
In 2002 Colin Clarke, a member of the UK Cycle Helmets forum made
enquiries of the Health and Safety Executive on behalf of the CTC in
order to clarify the position of those 'required' to wear helmets when
using pool cycles or making 'business' cycle trips. The HSE replied:
Dear Colin,
Thank you for your report on the effect cycle helmets have on cycle
safety. Unfortunately HSE are able to offer you little help in this
area as we only have responsibility towards cyclists while they are
engaged in a work activity. These cyclists will represent a very small
number of the total. HSE has no remit with regards to workers cycling
to and from work. Furthermore cycle helmets used on the public highway
are specifically excluded from the Personal Protective Equipment (PPE)
at work regulations. This means that it would be very hard for an
employer to force an employee to wear a cycle helmet on health and
safety grounds, they will however be free to require employees to wear
cycle helmets as part of their uniform.
HSE has no remit to dictate the uniform policy of a company unless it
falls within the scope of PPE. Ultimately the wearing of cycle helmets
is a matter on individual choice, any stance to the contrary could
potentially be challenged on human rights
grounds. With regards to the use of cycle helmets on the public roads
by members of the public, this is a policy area that falls totally
within the remit of the Department for Transport.
Yours,
Jon Windeatt
Health & Safety Executive
Safety Policy Directorate
Workplace Transport & Special Hazards Section.
30 Sept 2002