HSE banner

The Law

Key messages

Employers have a duty under health and safety law to ensure, as far as is reasonably practicable, the health, safety and welfare of their employees.

This page summarises the main legislation applying to the use of workplace transport:

Note: March 2006

While every effort has been made to ensure the accuracy of the references listed in this publication, their future availability cannot be guaranteed.

The Health and Safety at Work etc Act 1974 (HSW Act)

The Health and Safety at Work etc Act 1974 , also referred to as HASAW or HSW, is the primary piece of legislation covering occupational health and safety in Breat Britain. The Health and Safety Executive is responsible for enforcing the Act. More information is available on the HSE Legislation website.

The Management of Health and Safety at Work Regulations 1999

These require a risk assessment to be carried out to identify the nature and levels of risk associated with a work activity. Appropriate precautions need to be taken to eliminate or control these risks. A proportionate response according to the risk is required. The higher the level of risk identified through the assessment, the greater the measures that will be needed to reduce it. Risk assessment provides the basis for safe systems of work to eliminate or reduce risks as far as possible. Safe systems of work are formal procedures which should be followed to ensure that work is carried out safely. They are necessary where risks cannot be controlled adequately by other means. Employers must ensure that the systems of work to be followed are properly implemented and monitored, and that details have been given to those at risk

The Provision and Use of Work Equipment Regulations 1998

These regulations apply to all work equipment, and they require that:

The Regulations also require that lift trucks which carry a seated ride-on operator should be fitted with a restraining system, such as a seat belt, if risk assessment indicates that there is a risk of the vehicle rolling over and the operator falling from the operating position and being crushed between the truck and the ground.

Regulation 9 requires that operators of rider-operated lift trucks are trained to use the equipment safely. Guidance on training is provided in Rider operated lift trucks: Operator training, Approved Code of Practice and Guidance [PDF 22KB]PDF .

The Workplace (Health, Safety and Welfare) Regulations 1992

These regulations require that workplaces are organised to ensure that vehicles and pedestrians can move around safely. This includes:

The Construction (Health, Safety and Welfare) Regulations 1996

Like the Workplace (Health, Safety and Welfare) Regulations 1992, these regulations require that vehicles and pedestrians can move around safely on construction sites. General information on Workplace health, safety and welfare [PDF 234KB] PDF is available on the HSE web site.

The Lifting Operations and Lifting Equipment Regulations (LOLER) 1998

LOLER deals with specific hazards/risks associated with lifting equipment and lifting operations. They replaced most sector-specific legislation on lifting to create a single set of regulations that apply to all sectors. Management should ensure that every lifting operation, including those involving a lift truck, is:

For most lift truck work, planning will usually be a matter for the operator, who should therefore have the appropriate training, knowledge and expertise. While experienced lift truck operators may not be under direct supervision every time they carry out routine lifts, they may need to be supervised if required to lift an unusual load, or to lift it in potentially hazardous conditions.

Health and Safety (Safety Signs and Signals) Regulations 1996

Rider-operated lift trucks: operator training Approved Code of Practice

This relates to the provision of basic training for lift-truck operators. Further information can be found in HSE publication L117 HSE Books 1999 ISBN 0 7176 2455 2

More detailed advice on these and other legal requirements is available in the Approved Codes of Practice (ACOPs) and guidance listed in the References and further reading sections of this site.

Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006
The Smoke Free Premises etc. (Wales) Regulations 2007
The Smoke-free (Premises and Enforcement) Regulations 2006
The Smoke-free (Exemptions and Vehicles) Regulations 2007

HSE is not responsible for enforcing the legislation but will fully support Local Authority officers both in raising employers’ awareness of their responsibilities and in encouraging employers and employees to comply with the new legislation. More detailed information can be found from the following websites:

Further information

For information about health and safety ring HSE’s Infoline Tel: 0845 345 0055 Fax: 0845 408 9566 Textphone: 0845 408 9577 e-mail: hse.infoline@natbrit.com or write to HSE Information Services, Caerphilly Business Park, Caerphilly CF83 3GG.

The Stationery Office publications are available from The Stationery Office, PO Box 29, Norwich NR3 1GN
Tel: 0870 600 5522 Fax: 0870 600 5533 e-mail: customer.services@tso.co.uk
They are also available from bookshops.