The Cycle Aid guide provides a source of information and reference to assist those concerned with Workplace Travel Planning to secure a safe scheme, introduce safe practices and to comply with the law.
2. The guidance is directed particularly at employers, managers and planners in workplaces where there is a Workplace Travel Plan which includes measures specifically directed at cyclists. It should also be useful to supervisory staff and employees.
3. Cyclists within the areas considered by this guide include those using pool bikes, cycles purchased through an employer’s salary sacrifice scheme and their own cycles in the course of their work and commuting, as might be encouraged as part of a Workplace Travel Plan.
4. A peripheral, though vital, issue for those engaged in such planning is employment rights. TheCheap Replica Watches goals may be open to misinterpretation. For example, a cycling initiative may be regarded as an intention to remove or replace car parking places. This (and related) aspects may merit attention in the interests of harmonious industrial relations.
5. Insurance. The Department of Transport directs employers considering pool bike or cycle to work salary sacrifice schemes to consider additional potential liabilities. The use of pool bikes, salary sacrifice purchase scheme bikes and employees’ own cycles used in the course of an employer’s business may give rise to an exposure to both third party and employers’ liability that falls outside existing insurance cover. For example, although an employee’s Home and Hearth Insurance may provide third party cover for use while commuting, will that necessarily extend to use of the employee’s own cycle in the course of business particularly if a mileage rate is being paid? Similarly, both pool bikes and cycles that are being purchased under the salary sacrifice scheme belong to the employer. Title will only pass in the case of a salary sacrifice cycle when the final payment has been made. At thereplica uhren least, employers must satisfy themselves that existing policies are extended to cover these contingencies or that the participants in a cycle scheme are “ring fenced” through the provision of a bespoke policy.
6. The insurance issue may be addressed by the following alternatives: (a) Extending existing Public Liability and Employer’s Liability Cover (b) Purchase of a bespoke policy to ring fence the Cycle Scheme In either case the contingencies and risks to third parties and employees arising from a Cycle Scheme are covered. The brokers with which Cycle Aid works are able to ascertain levels of existing cover and liaise with the insurers concerned to establish if the necessary additional cover can be arranged under the existing policy or, alternatively, can issue new policies specifically written for cycling schemes.
7. The necessity for risk management and insurance has been reinforced by a recent House of Lords case – Robb –v- Salamis. This explores the definition of the word ‘suitable’ within the context of the Provision and use of Work Equipment Regulations. In short, employers have to anticipate situations which may give rise to accidents and address the risks; a reasonable foreseeability includes the anticipation of carelessness. TheReplica Watches UK work equipment directive created an absolute and continuing duty to ensure that equipment which is made available to workers may be used by them without impairment to their safety or health.
8. A business will have equal responsibility for the activities of employees while engaged upon the business of their employer while utilising their own cycles. There will be no greater distinction between this category of employee and those for whom pool bikes or salary sacrifice cycles are provided.
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