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Cycle commute - emp...
 

Cycle commute - employers duty of care

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My ride to work is becoming increasingly shared with all manner of illegal ebikes, the final 2 mile is on a nice wide cycle path and I'm now often getting passed at 30/40 mph. Basically I'm starting to feel unsafe. I've been riding to work for about 10 years now and this path was put in about 6 years ago primarily to serve the place I work as there were several deaths on the stretch of road it's next to.
Many of these bikes are left parked up in a secure locked compound provided by my company. Question is, should my employer be clamping down on the use of company property by clearly illegal transport? Obviously the roads and paths leading up to the site are not their responsibility, but by allowing them to use the compound are they then enabling and encouraging illegal behaviour?
I haven't raised this yet, and I'm not sure if I even will as I'm guessing nothing will come of it. However they're a massive company with about 6000 employees at the site and they're very health and safety conscious.


 
Posted : 09/06/2023 7:50 am
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I don’t like some of the crap bikes that people ride to my work 🤷‍♂️

If they are illegal let the police know?

Or really radical, if you work with these people, talk to them


 
Posted : 09/06/2023 8:08 am
zerocool reacted
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What would you expect your employer to actually do about it?


 
Posted : 09/06/2023 8:12 am
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Maybe ask the question about company attitude to cars being on company property that would be illegal on the highway?


 
Posted : 09/06/2023 8:17 am
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What would you expect your employer to actually do about it?

I'd assume the OP was thinking the company shouldn't be allowing illegal vehicles on site?


 
Posted : 09/06/2023 8:17 am
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An email circular something along the lines of

"It has come to our attention that a number of employees appear to be commuting to work on unregistered electric motorbikes and securing these on company property. We would like to remind employees that these modes of transport are not legal and we cannot condone this by allowing them to be stored on our grounds.

If it comes to our attention that employees are breaking road traffic laws on the way to work we would have no choice but to contact the police, and use of company property to facilitate illegal actions could be considered a disciplinary matter."

Then give it a couple of weeks and speak to those who are still insisting on carrying on.

That would be reasonable right?


 
Posted : 09/06/2023 8:20 am
CheesybeanZ, peekay, convert and 8 people reacted
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What would you expect your employer to actually do about it?

They could prohibit the use of non standard ebikes on site. We're not allowed to ride bikes at work, even though it's a large site other than from the gatehouse to the bikeshed at start/finish time, so some might consider it unfair or a PITA, but it can be done.


 
Posted : 09/06/2023 8:23 am
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You also expecting them to check every car/van is also legal?

A far, far greater risk IMO.


 
Posted : 09/06/2023 8:31 am
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This is what I’d do as a way of possibly forcing their hand. Go and see the head of HR, or the HR person for your dept. if it’s a big company, explain the situation as you see it, and ask their advice on whether you should contact the police or whether they should. They may be unaware of issue and prefer to handle it themselves before involving the police, but you’ve brought it to their attention and put it on record.


 
Posted : 09/06/2023 8:34 am
 mert
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TBH, if they are illegal/modified e-bikes, how many of them are sufficiently dodgy that they are a fire risk from their gaffer tapped batteries and exposed wiring?

How happy would your site safety guys be with half the site going up in smoke?

(We're not allowed e-bikes or e-bike batteries on site/in the bike storage without a safety check and a sticker.)


 
Posted : 09/06/2023 8:42 am
scotroutes and jeffl reacted
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You also expecting them to check every car/van is also legal?

A far, far greater risk IMO.

No, that would be nigh on impossible. However I can make it quite obvious to them which bikes are illegal, they stand out a mile compared to the normal stuff that's parked up. And although you can't tell by looking at them if they're derestricted, when I'm getting overtaken at 40 mph by someone not pedalling, whilst smoking a vape or playing with his phone I'd say that's pretty conclusive proof.

What really annoys me is the cycle path was put in at considerable expense to encourage pedestrians and cyclists and keep them safe. If its now getting used by what are basically motorbikes then it's pretty much a road.


 
Posted : 09/06/2023 8:53 am
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I'd certainly be asking the employer how they stand on the issue.

My main issue is that people who ride illegal ebikes like bellends give all cyclists a bad name. Legal ebikes should be reshaping urban transport and commuting, that needs supporting.


 
Posted : 09/06/2023 9:06 am
zerocool reacted
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Ask whoever does your PAT testing to certify them the next time they do the rounds.

I wasn’t allowed to plug my Nespresso machine on my desk in until it was tested at work (yes I know, probably should be in the middle class problems thread).


 
Posted : 09/06/2023 9:10 am
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Certainly an issue that needs action, it's getting to be a bit wild west out there at the moment & media only seem interested in deaths when police are seemingly trying to put a stop to it ☹️


 
Posted : 09/06/2023 9:15 am
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Ask whoever does your PAT testing to certify them the next time they do the rounds.

PAT testing doesn't cover low voltage stuff, which pretty much excludes anything battery powered. They'd need to be charging at work for this to be an issue.


 
Posted : 09/06/2023 9:29 am
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And although you can’t tell by looking at them if they’re derestricted, when I’m getting overtaken at 40 mph by someone not pedalling, whilst smoking a vape or playing with his phone I’d say that’s pretty conclusive proof.

And therein lies the problem, if YOU can't tell just by looking how is anyone else supposed to? Or do you expect to just be taken at your word?


 
Posted : 09/06/2023 9:38 am
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And therein lies the problem, if YOU can’t tell just by looking how is anyone else supposed to? Or do you expect to just be taken at your word?

I'd expect first step is a company wide email stating there's going to be a clampdown. Next would be getting police involved, all they'd need to do is hang around about twenty minutes at the various shift start and finish times, it's really obvious which bikes are illegal once they start moving. Next step would be names taken and passed to the company - the compound is only accessible if your site pass is enabled so it's easy to block access. Then a written warning for riding illegal bikes on site, caught again you're out the door.

Or, we just keep on ignoring this, accept these bikes are now part of the traffic and that there are inevitably going to be accidents. They're becoming more high profile now the scroats are generating darwin awards on them, get used to them, they're coming to a trail near you very soon.


 
Posted : 09/06/2023 9:59 am
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PAT testing doesn’t cover low voltage stuff, which pretty much excludes anything battery powered. They’d need to be charging at work for this to be an issue.

You can 'test' the appliance as well as the power supply/charger. It's become a bit more applicable recently with the introduction of functional earths. But yes, fundamentally unless it's charged at work then it won't be applicable.


 
Posted : 09/06/2023 10:01 am
tuboflard reacted
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The slight issue might be that they aren't illegal per se. They are illegal for use on the road. Private land, like a workplace, can have whatever rules they like. The path may also have its own rules, especially if it isn't immediately adjacent to a highway.


 
Posted : 09/06/2023 10:17 am
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Thread title is a bit misleading - not sure it's an employers duty of care issue, more a general duty to report crime.


 
Posted : 09/06/2023 10:18 am
zerocool reacted
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Or really radical, if you work with these people, talk to them

What would be the point in that...

OP: " excuse me you're riding an illegal vehicle dangerously on a path designed for bikes and peds
C: "yep"
OP" please don't"
C" whatevs"
OP" but it's illegal"
C:"but fast and convenient for me"
OP: "but it's dangerous for other people"
C: " whatever. It's best for me"
OP" I'll have to report you to the police/ company"
C" by the way, how are the kids?"


 
Posted : 09/06/2023 10:30 am
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You also expecting them to check every car/van is also legal?

Annually I supply a copy of my MOT, insurance and license to my employer who reimburses my mileage.

Now this is clearly different from the commute.

I agree a gentle approach with a 'company doesn't condone, you should not be storing any illegal vehicle on site', but I would also approach police in OP shoes.


 
Posted : 09/06/2023 10:30 am
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OP” I’ll have to report you to the police/ company”
C” by the way, how are the kids?”

Not sure where you work but threatening people is usually gross misconduct.


 
Posted : 09/06/2023 10:32 am
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Mmmm, indeed.
And stealing from people's houses is illegal.
As is speeding
And lying to parliament.
And invading other countries
etc

Kudos and respect to the OP if he does go down this route but.....


 
Posted : 09/06/2023 10:54 am
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I’d expect first step is a company wide email stating there’s going to be a clampdown. Next would be getting police involved, all they’d need to do is hang around about twenty minutes at the various shift start and finish times, it’s really obvious which bikes are illegal once they start moving. Next step would be names taken and passed to the company – the compound is only accessible if your site pass is enabled so it’s easy to block access. Then a written warning for riding illegal bikes on site, caught again you’re out the door.

🤣 Aye, right ye are.

Meanwhile in reality 2023 UK...

You think police are going to hang about to catch people riding bikes* too fast when they're already under resourced and can't even attend burglaries?

Secondly, you do know it's possible to ride a derestricted ebike slowly don't you? It's not a digital on/off thing.

Finally who is going to take the names? The non-existent police or some staff member that doesn't know what the hell an ebike looks like never mind what is or isn't kosher?

Good luck, be sure to let us know how you (predictably) get on with all that.

* lets not start the whole motorbike/e-bike debate, just say what you see.


 
Posted : 09/06/2023 10:57 am
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Our site, a large factory with offices accessed via a perimeter road has ruled that electric scooters cant be ridden on site and must be pushed. Thats something under their control and its obvious to the gatehouse security staff what an elec scooter looks like. This is the wording of the announcement put out :

"All site traffic must comply with the rules of the road as set out within the Highway Code. Site speed
limits and road rules (such as stop, give way and one-way routes) must always be followed.
The rules apply to all vehicles including, where allowed on internal roads, pedal cycles. None of the
facilities fall within a trial area for E-Scooters and as such the use of E-Scooters on any site are
prohibited."


 
Posted : 09/06/2023 11:12 am
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If it comes to our attention that employees are breaking road traffic laws on the way to work we would have no choice but to contact the police, and use of company property to facilitate illegal actions could be considered a disciplinary matter.”

What happens when someone breaks a speed limit in their car and gets a speeding fine. Do they get sacked?

The only really concern that I could see that they would have is that the bikes doo not meet UK standards and therefore are they a fire hazard on their property?


 
Posted : 09/06/2023 11:16 am
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Not sure where you work but threatening people is usually gross misconduct.

I don't think there's a snitches get stitches fired clause in most employee handbooks.

FWIW if it was a workplace that actually took H&S properly seriously (rather than just an over zealous high vis, risk assessment and rubbish reporting metrics) I'd expect them to do something about it. Does your company have an unsafe action / near miss reporting procedure? Start by spamming that. Decent companies will take it seriously as they view H&S as something positive that keeps employees productive rather than just a box ticking exercise to avoid getting fined. They don't want you taking time off because you've been in an accident on the way to work any more than you do.

OTOH the Tesco's warehouse down the road turns the cycle path into something resembling wacky races at shift changes. But at least they're not in cars.


 
Posted : 09/06/2023 4:06 pm
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I am a total jobsworth but I think instead of emailing 6000 workers with another rubbishy "will all colleagues PLEASE be reminded that henceforth blah blah" email there is a simpler way.

Can't the H&S team just pin notes to all the bikes in the shed that say "oi you lot, give people space when you're zooming past them on the cycle path, and stop riding dodgy chipped bikes like ****s"? It's a small problem population and they're not realistically gonna start a multi agency enforcement initiative.


 
Posted : 09/06/2023 4:29 pm
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<p>Maybe just contact the police and tell them there are loads of illegal vehicles being driven into / out of the employers’ site and let them pop along to seize them all at home time.</p>


 
Posted : 09/06/2023 10:07 pm
Del reacted
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The only really concern that I could see that they would have is that the bikes doo not meet UK standards and therefore are they a fire hazard on their property?
you don’t think that if your boss found out you were driving to work every day without tax or insurance they might want to have a quiet (or loud) word? 🤦‍♂️ Plus the fact that you’re illegal driving a vehicle on company property. Why do you think they’d be happy about that?


 
Posted : 09/06/2023 10:38 pm
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TBH, I think the potential for fire/explosion is the only avenue worth trying.


 
Posted : 09/06/2023 10:46 pm
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I would hope you are going after all the illegal cars as well - those with knackered tyres etc etc.


 
Posted : 09/06/2023 10:56 pm
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you don’t think that if your boss found out you were driving to work every day without tax or insurance they might want to have a quiet (or loud) word? 🤦‍♂️ 

You'd need crayons and several hours to explain it to my boss. 🤦🤦 Plus, of course, my response is "**** off, no, I'm not, mind your own business".


 
Posted : 09/06/2023 11:11 pm
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tjagain

I would hope you are going after all the illegal cars as well – those with knackered tyres etc etc.

That's not in the same category as effectively driving on the pavement/speeding onsite near employees though.

As someone else suggested, use the near miss reporting each time it happens, and encourage your colleagues to do so too.  If they are up on H&S presumably they will have some sort of system to do this on.  It might only need a couple of bad offenders to get some grief over it to put off the majority of other employees from riding carelessly onsite (even if their bike is still technically illegal)


 
Posted : 09/06/2023 11:50 pm
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Dangerous cars kill folk.  BIkes do not


 
Posted : 10/06/2023 12:05 am
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Dangerous cars kill folk.  BIkes do not

With the exception of 3 recent high profile death of teenagers riding high powered ‘ebikes’ of course.

Given the damage the last one did to an ambulance I suspect they can.


 
Posted : 10/06/2023 12:41 am
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they killed themselves not others.  Cars kill hundreds every year and huge numbers of defective and illegal cars are on the streets


 
Posted : 10/06/2023 12:48 am
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I’m not suggesting cars aren’t a risk, my point is a fast moving bike / e motorcycle could easily cause a fatal accident involving not just the rider.  Commuting in London I see the risk first hand, all the more so as the ‘bikes’ in question are often ridden by morons with little attention to other road / cycle lane users.


 
Posted : 10/06/2023 1:25 am
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apart from it doesn't happen bar very very rarely


 
Posted : 10/06/2023 6:58 am
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But in the context of the OPs problem, a car with a defective tyre is very low risk to himself when the cars are probably going slower than the electric bikes, and they are not sharing the cycle path with him either.

It would be unreasonable for the employer to carry out safety checks on private vehicles that are not used for company business (as you imply), but if those vehicles (or ebikes) are being driven unsafely onsite that would be an area they could decide was worthy of intervention.

If complaints and near misses were raised and ignored, and subsequently an ebike...let's say electric motorbike...caused injury to an employee whilst onsite, it would put the company in a vulnerable position


 
Posted : 10/06/2023 7:38 am
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apart from it doesn’t happen bar very very rarely

Sadly, and the three recent deaths show it, we will see more as the number of them grows.

I wonder if there is an issue of statistics being 'hidden' - because the machines involved in the statistics are 'motorbikes' and they are 'road accidents'?

To go back to OP - the police are the people who should be informed.


 
Posted : 10/06/2023 7:57 am
ctk reacted
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It would be unreasonable for the employer to carry out safety checks on private vehicles that are not used for company business (as you imply), but if those vehicles (or ebikes) are being driven unsafely onsite that would be an area they could decide was worthy of intervention.

What about the cars that are illegal and unsafe?  I bet a significant % of them are

Matt - those 3 killed themselves not others


 
Posted : 10/06/2023 7:59 am
 ctk
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What about the cars that are illegal and unsafe? I bet a significant % of them are

MOT


 
Posted : 10/06/2023 8:03 am
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MOT

Plus of course speed cameras, police on the road.
I wonder how much of an issue that segregation of cycle lanes means no policing, no speed cameras, infrastructure designed around slow speeds and mixed use being used at higher speeds (etc)?


 
Posted : 10/06/2023 8:12 am
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