Preventing access by unauthorised persons to a construction site
Earlier this month a Health and Safety Executive (HSE) press release announced a civil engineering firm was fined £600,000 for safety breaches after a seven-year-old child accessed a construction site, became trapped in a drainage pipe and suffocated.
On this site, sections of drainage pipe had been installed in the ground by the construction company, ahead of works to install fence posts in the drainage pipe. The child had accessed the construction site from a footpath adjacent to an existing housing estate, through fencing described as ‘insufficient’ by the HSE in their subsequent investigation.
The civil engineering firm who fulfilled the role of principal contractor in the project pleaded guilty to breaching regulation 13(4)(b) of the Construction (Design and Management) Regulations 2015 and to breaching Section 3 (1) of the Health & Safety at Work etc Act 1974.
This regulation states:
The principal contractor must ensure that the necessary steps are taken to prevent access by unauthorised persons to the construction site.
The HSE have urged all members of the construction industry to be mindful of the dangers of construction sites to members of the public, and particularly of unauthorised persons. They advised:
The dangers to children gaining access to construction sites and treating them like a playground is an ongoing problem which must be addressed at all types of sites no matter what their complexity or size.
Whilst this case represents an extreme example with tragic consequences, members who fulfil the role of principal contractor are reminded of the importance of ensuring their sites are suitably secure.
In particular, an assessment of the level of risk posed by the site should be made. The principal contractor must ensure reasonable steps are taken to prevent unauthorised access onto the construction site. They should liaise with the contractors on site to physically define the site boundaries by using suitable barriers which take account of the nature of the site and its surrounding environment.
Special consideration will be required for sites that have children or vulnerable people nearby, occupied houses next to them or other work areas next to them.
Further reading:
