Cycle scheme

[Penfold]

Hi all

Ive been asked to look into various issues if our council sign up to a cyscle scheme. Basically we own the bike an employee chooses and they rent it for 12 months , at the end of the 12 months they can buy the cycle for market value.

The questions have been raised regarding when it becomes a piece of work equipment and our duties.

The scheme states that it must be used for 50% of time for work commuting, so thats fine the contract states the employee is resonsible for maintenance etc.

However if they then use it to get to meetings then it would become a piece of work equipment, so we would need to maintain it and ensure staff are trained, because legally we own the cycle and only rent it to them.

Ive contacted the company who run the scheme and they say no its the employees responsibility and we dont have to ensure they are ttrained.

Anyone got any ideas?

Cheers

[Keith1983]

You can borrow my tin opener! I think you'll find it's full of worms!

[ChrisD]

Time to dig out the old cycling proficiency test certificate I did in primary school me-thinks...


Sorry - had to get that in.. lol

Im not sure but if your council are saying they `own` the bike then wouldnt they then also liable for training costs, claims etc etc as it would then be classed as work equipment as your original question posed?

[Penfold]

Thanks for the response

Its the company running the scheme who says the bikes belong to the employer unless after the 12 months "loan" the employee can buy the bike.

Ive spoken to several organisations that run this scheme and they tell me they havent looking into these points as too big a can of worms to play with!!!

Oh well back to the drawing board

[nige b]

class it as work equipment ......... ok lets get the worm can bigger what about cars/ vans etc where people get car allowance / or company cars ?
are they work equipment too ?

[Keith1983]

class it as work equipment ......... ok lets get the worm can bigger what about cars/ vans etc where people get car allowance / or company cars ?
are they work equipment too ?

If they are used in work time to perform work tasks then I would say yes. If they are purely to get people to and from work then I would say no.

[itchy beard]

The cycle scheme is to encourage employees to use a greener mode of transport to commute to work with the added benefit of a bit of tax releif on the eventual purchase of the bike.

I can't see any use for a cycle to be used to perform any work (unless the generator failed of course). The use of the bike would sit better within a workplace transport policy rather than the PUWER regs.

The scheme is really a perk for the employee with the added benefit of the employer gaining a fitter workforce and can be used to publicise how green the company is.

[Penfold]

This is the link to the scheme:

http://www.cyclescheme.co.uk/home,intro.htm

[JulesWatson]

Just to add to your can of worms ... my company has been advised by an Independant Health and Safety Consultant that where employees are paid mileage allowance when using their vehicles to go to meetings etc., we should have copies of MOT, Insurance and Driving Licences so that we can show we are reducing the risk of an employee causing the death of someone due to an unroadworthy vehicle - as much as reasonably practible; thereby reducing a potential action against the company under the Corporate Manslaughter and Homicide Act.

I mention it here because we then introduced a cycle scheme, similar to that mentioned, but in which employees buy the bikes by having an amount deducted directly out of their salary on monthly basis. This has lead to the questions, is this classed as a benefit from the company, who owns the bikes and as asked here, do we have to ensure they are adequately maintained and is the company responsible/liable if the cyclist or someone else is injured or worse???!

Isn't health and safety fun!

PS Quote for today: We don't need to worry about doing Risk Assessments because we have Occupier's Liability Insurance!

Jules

[Monkey]

Hi
My understanding is that livestock, substances, structural items and private cars are excempt from PUWER1998. If a cycle is used at work to travel between work location it would be subject to these regs.