It is against the law to deny HGV drivers and Couriers access to facilities

Report any company refusing access to toilet and handwash facilities to HGV drivers and couriers.

HGV drivers and couriers are being denied access to facilities up and down the country during the COVID-19 outbreak.

There have been a lot of complaints from drivers about suppliers, customers, companies etc that are using coronavirus as an excuse to stop drivers using toilets on their premises.

The Health and Safety Executive are very clear about this issue.

It is a basic human right to be able to use the toilet and have hand washing facilities and there is a duty on site operators to provide facilities.

Denying drivers access to facilities is illegal and must stop.

Everyone has a responsibility to follow official advice, and maintain the highest levels of hygiene to prevent the spread of the virus.

With no access to toilets, drivers can be forced to use carrier bags and plastic bottles to relieve themselves, often in the cab of the truck; there are many health and safety implications to this, not to mention the fact it is degrading.

Your rights as a driver – what you need to know about toilets from the Health and Safety Executive

It is against the law for companies to deny delivery drivers access to toilets – and providing a portable toilet with no water supply isn’t a solution either.

Here’s what you need to know:

HSE regulations state that toilets should be conveniently located and available at times when drivers are visiting.

They should provide adequate protection from the weather and be connected to a suitable drainage system and a means of flushing with water.

Clean facilities containing toilet paper in a holder, soap and towels and a coat hook should be provided.

There should be separate facilities for women which provide suitable means for the disposal of sanitary dressings.

Washbasins should have hot and cold, running water and be large enough for a worker to wash their face, hands and forearms.

If the toilet facilities are locked, the key needs to be accessible, otherwise the facility would be deemed inaccessible.

Portable toilets are generally not acceptable since most do not provide hot water or heating. However portable toilets can be used as a temporary measure, whilst permanent ones are constructed, so long as they provide hot water and heating and separate facilities for men and women.

There is no minimum time limit that a driver has to be onsite before being granted access, as has been claimed. “It is not acceptable for there to be any restriction on drivers for two hours before allowing access to toilet facilities,” HSE spokesman said.

Statement released from the Health and Safety Executive.

To reiterate: all companies banning drivers from accessing toilet and handwashing facilities are acting illegally. Truck & Driver Magazine are reporting every one they are told about to the HSE.

Statement: A HSE spokesperson said:

“We are concerned about these reports.

“Any prevention of a driver to access welfare facilities is a breach of law, but more importantly is not the decent thing to do.

“Following a review process [in 2018], we updated our approach to say that drivers must have access to welfare facilities in the premises they visit as part of their work.

“This is even more crucial now. The latest advice is for hands to be washed regularly. Failure to allow access to welfare facilities may increase the risk of the COVID-19 infection spreading.

“In our view, the first thing drivers or their employers should do is remind those in control of the premises they visit of the legal requirement. We’ve previously been told the majority of duty holders do already provide reasonable access to toilets. They should still do so.”

The law requires that sufficient toilet and washing facilities are to be provided at readily accessible places.

The following is an extract from, Workplace health, safety and welfare. Workplace (Health, Safety and Welfare) Regulations 1992. Approved Code of Practice and guidance.

HSE has been aware for some time of concerns around access to welfare facilities for visiting delivery drivers.

We have reviewed our approach including guidance to duty holders and re-examined the Workplace (Health, Safety and Welfare) Regulations 1992, in particular Regulations 20 and 21.

We will begin to update our guidance to say that drivers must have access to welfare facilities in the premises they visit as part of their work. As this is likely to take some time, key stakeholders are being informed now.

The welfare of all workers is a priority and we have consistently said that drivers should have this sort of access. We also recognise that the majority of duty holders do already provide reasonable access to toilets.

Workplace health, safety and welfare.

Workplace (Health, Safety and Welfare) Regulations 1992. Approved Code of Practice and guidance

Download a copy - https://www.hse.gov.uk/pubns/priced/l24.pdf

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How to report companies for banning drivers from using toilets

Report to HGV Alliance

Send Report

We need as many details as you can:

Day / Date / Time
Company - A photo of the site entrance with Company name if possible
Place - Location name, address & postcode.
Name & phone number of a senior manager at the site. Or the name and role of the person refusing access.
Exact nature of what measures have been put in place.
Pictures if appropriate. A photo of the signage, if any.

Factual information only.

You will be kept completely anonymous and all submissions are confidential.

You should also report to your employer to make them aware of any ban or exclusion from facilities.

A Statement given to HGV Alliance from Ashford International Truck Stop

“During this Coronavirus outbreak, as long as the government allows, we are committed to staying open and serving our customers, as we understand the important jobs these guys have delivering essential goods to those who need it the most.

The effect on the UK that this virus is causing, having secure parking with facilities that provide you with everything you need from toilets, to hot showers, to food 24/7 is so vital right now.

Due to where we are situated in the country and how busy we are at this time, even though we have 390 spaces, I would always recommend you reserve in advance by using our online service, mytruckparking.com.

Please be assured we are taking every measure to keep the areas sanitized, germ free and safe for all our customers and staff alike.

If this situation continues, as of May we are opening our brand new and upgraded facilities building, just a stone’s throw away, where we will be able to hold up to 660 trucks. We are doing our utmost to help you park up safely and securely ”