A decision has to be taken on what is reasonable in the circumstances and this will include consideration of the risks to which people may be exposed.Īround half of all fatalities due to falling trees or branches occur in public spaces, such as a park or beside roads, so Section 3 HSW Act may be applicable. In particular, there is the duty to do all that is reasonably practicable to ensure that people are not exposed to risk to their health and safety.ĭoing all that is reasonably practicable does not mean that all trees have to be individually examined on a regular basis. What is required?Įmployers and persons carrying out undertakings or in control of premises all have duties under the HSW Act. However, "Reducing Risks, Protecting People" explicitly states that "broadly acceptable" is a general guide and not a definitive statement of what is reasonably practicable in law. The average risk is firmly in the "broadly acceptable" region of the tolerability of risk triangle published in HSE's "Reducing Risks Protecting People". However the low level of overall risk may not be perceived in this way by the public, particularly following an incident. Thus the risk of being struck and killed by a tree or branch falling is extremely low (in the order of one in 10 million for those trees in or adjacent to areas of high public use). Around 3 people are killed each year by trees in public spaces. Background What is the risk?Įach year between 5 and 6 people in the UK are killed when trees or branches fall on them. Proactive inspection of duty holders' systems for tree management is not envisaged. Any enforcement action should be taken in accordance with the HSE EPS. If Inspectors are called upon to examine standards of tree management following an incident, or if they identify a matter of evident concern during a visit, they should base their approach to deciding whether to investigate on HSE's general guidance on Section 3 HSW Act, HSE's operational guidance on Section 3 enforcement and the additional advice and guidance in this document. However, it should be noted that it represents 'best practice' guidance for managing trees, not the minimum standard required by Section 3 HSW Act as outlined above. Their guidance provides advice to help duty holders comply with the Occupiers Liability Acts and other legislation and it may also be helpful to investigating inspectors. See also situational example 18 in the document Guidance for FOD in responding to (non-construction) public safety incidents where Section 3 of HSWA applies.Ī good deal of relevant guidance has been produced by various organisations, including the National Tree Safety Group, the Arboricultural Association and the Forestry Commission. This guidance is aimed specifically at duties under Section 3 Health and Safety at Work etc Act 1974 (HSW Act) and should be read in conjunction with HSE's Section 3 guidance, Investigation operational procedure, EPS and Work- related death protocol (WRDP). It is not intended as a guide to duty holders. handling these issues and approaching enforcement decisions in accordance with the principles and expectations of the HSE Enforcement Policy Statement (EPS).Duty holders should have such systems in place to control risks from trees to their employees, contractors and members of the public. the standards for managing the risk from trees, including risk assessment and where appropriate, routine checks by a competent person. This document provides guidance for HSE Inspectors and LA Enforcement Officers on
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