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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48539
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Im a spare HGV driver and was asked to drive a truck where

Resolved Question:

im a spare HGV driver and was asked to drive a truck where the main driver is a smoker and the cab stinks of smoke i got home that night and the wife asked if i had started smoking. 1 week ago i asked what vehicle i would be driving next week and was told this vehicle again i asked the manager if he could change or valet the vehicle otherwise i would not drive it , friday gone i asked what vehicle i was driving he said that one, it has not been valeted and told him i was not going to drive it ,where do i stand
Submitted: 19 days ago.
Category: Law
Expert:  Jo C. replied 19 days ago.

What would you like to know about this please?

Customer: replied 19 days ago.
Can i refuse to drive this truck on heath and safty grounds ?
Expert:  Ben Jones replied 18 days ago.

Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law.

The Health Act 2006 is the main law relating to smoking in company vehicles and states that: enclosed vehicles which one or more persons use for work will be no-smoking premises and covered by the ban. The ban applies to cars, vans and lorries at all times if they can be used by one or more persons, as driver or passenger, in the course of paid or voluntary work – regardless of whether they are in the vehicle at the same time.

So it is clear the employer is breaching the law here by allowing the person to smoke in a lorry that is shared by others. Their actions can actually be an offence liable for a fine. In the meantime you can certainly refuse to drive it because they are not looking after your health and safety and are breaching the law.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Expert:  Ben Jones replied 17 days ago.

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 stars above. I can still answer follow up questions after that if needed. Thank you

Expert:  Ben Jones replied 17 days ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Expert:  Ben Jones replied 16 days ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks

Customer: replied 16 days ago.
thanks 5 star
Expert:  Ben Jones replied 15 days ago.
You are welcome and all the best
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48539
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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