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Revised Highway Code — protecting the most vulnerable

Following a consultation on proposed changes, the Department for Transport (DfT) has announced that the Highway Code will get a major revision on 29 January 2022. Here, we look at the main rule changes and what they mean for professional drivers.

Rule H1: Hierarchy of road users

The most significant change is the decision to introduce a hierarchy of road users. This states that, in any interaction between users, those who can cause the greatest harm have the greatest responsibility to reduce the danger or threat they pose to others. The DfT points out that the road users most likely to be injured in the event of a collision are pedestrians, in particular children, older adults and disabled people, followed by cyclists, horse riders and motorcyclists.

Introducing new Rule H1, the Code states: “The objective of the hierarchy is not to give priority to pedestrians, cyclists and horse riders in every situation, but rather to ensure a more mutually respectful and considerate culture of safe and effective road use that benefits all users.”

However, while the DfT makes clear that cyclists, horse riders and horse-drawn vehicles all have a responsibility to reduce danger to pedestrians, the hierarchy principle puts most responsibility on the drivers of large goods and passenger vehicles, followed by vans/minibuses, cars/taxis and motorcycles.

Reacting to the proposals, Stephen Edwards of the Living Streets charity said: “The Highway Code currently treats children walking to school and lorry drivers as if they are equally responsible for their own or other people’s safety. These changes will redress that balance.”

Rule H2: Pedestrian priority

The second major change to the Code aims to clarify existing rules on pedestrian priority on pavements and to emphasise that drivers and riders should give way to pedestrians crossing or waiting to cross the road. The new Rule H2 will create clearer and stronger priorities for pedestrians, particularly at junctions, and clarify where they have right of way. It will introduce a responsibility for drivers and riders to give way to pedestrians waiting to cross a side road, junction or zebra crossing.

In turn, pedestrians are reminded that they share some routes with cyclists and horse riders and, while these riders should respect the safety of pedestrians, those on foot must also take care not to obstruct these other road users unnecessarily.

Rule H3: Guidance for cyclists

The Code now places a requirement on drivers to give priority to cyclists when they are turning into or out of a junction, or changing direction or lane, just as they would to other motor vehicles. As it is proposing to provide strengthened guidance to ensure safe cycling, the DfT notes that there is considerable new text within the “Rules for cyclists” chapter.

Rule H3 now tells cyclists that, if they are going straight ahead at a junction, they have priority over traffic waiting to turn into or out of the side road, unless road signs or markings indicate otherwise. Cyclists are also reminded of the need to be particularly careful alongside lorries and other long vehicles, as they may not be visible to the drivers. Such vehicles may have to move over to the right before turning left, and their rear wheels may then come very close to the kerb while turning.

Cyclists should ride in single file when drivers wish to overtake and it is safe to let them do so, the Code goes on. When riding in larger groups on narrow lanes, it recognises that it is sometimes safer to ride two abreast. In addition, they must take care when passing parked vehicles, leaving enough room (a door’s width or 0.5 metres) to avoid being hit if a door opens unexpectedly and they have a responsibility to make sure it is safe before moving away from the kerb, when pulling out to overtake or to pass stationary vehicles, or when turning at junctions or stopping. “When the traffic lights are red,” the Code states, “you may cross the first stop line, but you MUST NOT cross the final stop line.”

Passing distances

One part of the consultation which produced a mixed response was the proposal on passing distances (Rule 163) detailed when overtaking motorcyclists, cyclists, horse riders and horse-drawn vehicles. Some respondents thought that two metres was too large a gap for overtaking cyclists or horse riders and would prevent drivers from overtaking on many country roads, leading to frustration and non-compliance. Conversely, feedback also suggested that two metres is not a sufficient passing distance and space should be allowed in case a cyclist were to fall. Generally, it was thought that the rule is too complicated and a safe passing distance of two metres in all cases would avoid confusion. Drivers should therefore leave a distance of at least 1.5m when overtaking such road users.

Horse riders

As an example of the way the Code makes plain everyone’s responsibility for safety on the roads, the “Rules about animals” chapter will be updated to suggest that those new to horse riding, or those who have not ridden for a while, should consider a training course and taking the Ride Safe Award from the British Horse Society. However, there was some objection to this proposal with some respondents arguing that it discriminates against horse riders by putting the onus on them to take training when it is other road users that are the problem and the cause of accidents.

Those who disagreed with the change were concerned that lack of training might be used as a driver’s defence in the event of collisions or used unfavourably in any insurance claim, particularly as horses can be unpredictable and training will not necessarily prevent this.

The changes are not new legislation

Feedback to the consultation generally suggested that there should be more emphasis on the extra care required when overtaking horses and horse-drawn vehicles, and at junctions. The DfT noted a feeling that too much priority is being given to cyclists and not enough emphasis on cyclist responsibility for their own safety.

Emphasising that the changes are advisory and not legislative, it said: “The new rule to give priority to cyclists going straight ahead does not seek to change the law but rather to ensure a more mutually respectful and considerate culture of safe and effective road use that benefits all users. You should not cut across a cyclist just like you would not cut across another motorist.”

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Covid-19 — Protection from variants in 2022

covid19 risk assessmentAs more clinical data and medical advice becomes available there are both well-established and evolving steps that employers can take to protect the health, safety and wellbeing of staff, visitors and members of the public from changing coronavirus strains.

A constant factor during the pandemic has been uncertainty as the virus’ structure and methods of invading the human body continue to change. While an early end to the national and international crisis is hoped for, variables and unknowns mean that taking short- and long-term health and safety decisions can appear complex.

As an example, at this point it is still unclear whether the more recent and infectious Omicron variant will out-compete and replace the severe Delta variant. Alternatively, both could co-exist. A third possibility researchers are considering is that the two may combine to form a further variant.

However, this goes hand-in-hand with new prevention and treatment developments, a broader academic understanding of what is involved, plus more effective palliative care.

The challenge for many businesses is knowing what measures to take in the workplace as politicians, researchers, health experts and lay observers make statements, express opinions, cite anecdotal evidence and importantly update their own advice.

The most important recent change has been the December 2021 announcement of Plan B special measures to slow the rate of Omicron infection which will be withdrawn again on 27 January 2022.

This will end the mandatory use of face covering in public places, although the advice is still to wear a mask in crowded and indoor spaces, or when coming into contact with people not normally met.

The use of the Covid passports is no longer a requirement, although the NHS Covid Pass can still be used on a voluntary basis.

Advice for people to work from home when possible is being reversed, with employees recommended to talk to their employers about arrangements for returning to workplaces.

The legal requirement to self-isolate after a positive Covid test will also be replaced with new advice and guidance.

However, by reverting to Plan A, the Government is still encouraging the uptake of booster vaccinations.

Working to keep everyone “safe”

Fortunately, there is authoritative guidance and detailed information sources which are updated regularly that employers can consult to help keep working environments not only as safe but also as productive as possible.

The experience of 2020 and 2021 has been that both physical health and mental wellbeing need to be safeguarded in conventional workplaces and, for many workers, during remote homeworking. Omicron’s high rate of infection has made this more rather than less important.

The new variant has put extra strains not only on public sector workers in the health and emergency services where levels of self-isolation and sickness have risen dramatically, but also the utility, power and manufacturing industries. This has compromised the supply chains many companies depend upon, as well as their own role as reliable supply chain partners.

Accordingly, the Government’s advice is still to take steps to “keep the virus at bay”. Health Secretary Sajid Javid said the latest end of Plan B changes should not be seen as the “finish line” because the virus and its future variants cannot be eradicated. Instead, “we must learn to live with Covid in the same way that we do with flu”.

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COVID isolation period cut to five full days in England as Sajid Javid announces new rules

Health Secretary Sajid Javid announced a change to the self-isolation policy in England from Monday 17th January 2022 after weeks of pressure to ease a staffing crisis in the NHS.

Currently people who test positive for Covid can be freed midway through their seventh full day of isolation, if they test negative on days six and seven.

But Mr Javid today announced that period will be cut by between 24 and 48 hours, after huge pressure from Tory MPs and a staffing crisis in the NHS.

Under the new rules, people will have isolate for at least five full days, starting at 12.01am the day after their positive test or the start of symptoms.

They will then be able to leave isolation at the start of the sixth full day – if they have tested negative for Covid on both Day 5 and Day 6.

Mr Javid said with testing, boosters and antivirals, “it’s no wonder we are the freest country in Europe. This country is leading the world in learning to live with Covid.”

But it came amid a furious Commons clash, as Shadow Health Secretary Wes Streeting condemned the PM’s party rule-breaking and said: “The Prime Minister is not fit to lick the boots of NHS staff in this country.”

Your first “full day” of isolation starts at 12.01am, the calendar day after you test positive or show symptoms. So if you test positive at 11am, ‘Day 1’ starts 13 hours later.

This suggests the new total isolation time will, in reality, be somewhere between five and six days depending on what time the test came back or symptoms started.

However, it’s thought people will be able to take their Day 6 test at one minute past midnight if they wish and go out straight away.

Mr Javid said the change would “maximise activity in the economy and education”, adding: “UK Health Security Agency data shows around two thirds of positive cases are no longer infectious by the end of Day 5.”

Mr Javid had faced enormous pressure to cut the isolation period after the US cut isolation to five days, as long as people’s symptoms had cleared by then, followed by five days of mask-wearing.

There are links within the article.

From the Mirror.

Homeworkers: Quick Facts

home office

Homeworkers: Quick Facts

Homeworkers are those employed to work at home or in other premises of their own choice other than the workplace of the employer. Homeworking is not a specific job in itself but a method of working which can be relevant to many job roles.

Homeworkers are covered by health and safety law in the same way as any other employed worker, but as this topic describes, there are a range of issues specific to these workers that must be considered in order to keep them safe in their homes.

Some tips

  • Employers should keep in touch with lone workers, including those working from home, and ensure regular contact to make sure they are healthy and safe. Social Isolation
  • Working from home can bring benefits both to the employee in terms of flexibility and to the employer in terms of reduced overhead costs.
  • Siting the home office is an important consideration; segregation is preferred, followed by locking equipment away when not in use. Siting a Home Office
  • Employers are required to assess all significant risks and to make adequate arrangements for managing the risks to homeworkers. Risk Assessments for Homeworking
  • If display screen equipment (DSE) is to be used, employers must ensure that a DSE assessment is carried out with the homeworker and that health and safety requirements are met, including eye tests and the provision of appropriate equipment. Display Screen Equipment
  • Employers must ensure that any substances are assessed and suitably controlled and should provide appropriate personal protective equipment. Hazardous Substances
  • Homeworkers should be trained in the use of any equipment provided, which should be suitable for the job, regularly maintained and appropriately guarded.

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Merry Christmas and a Happy New Year!

Merry Christmas

Merry Christmas

As we face another uncertain Christmas, we think about the Christmases of the past and plan for the holiday safely with loved ones in mind. It is the time of the year when we create happy memories that will last a lifetime.

We wish you a Merry Christmas and a Happy new Year!

All the best for 2022!