Site safety issues

[Pedant]

Bit of a tricky situation here. One of my colleagues has just started an evaluation on a site owned by the local council (of which we are also part). We were assured that the site was secure, but there are holes in the fences which are used by kids to get in and try to set fire to things. We informed the relevant council department but they have refused to do anything about it. Basically they're not prepared to spend money incase they don't get their planning consent. What bothers us, is that we might be liable if depsite our best efforts some twonk falls down a trench and breaks their legs. Any advice? Obviously we can do a certain amount of fencing ourselves, but surely the developer has some liability if they're too mean or lazy to secure the site?

[achingknees]

The archaeological unit (and therefore the local council) has occupier's liability. The need to secure the site should be documented in a risk assessment. The site perimeter needs to be secure and warning signs placed on it. Heras fencing is cheaper than litigation.

Point the project manager to the SCAUM H&S manual. The site director, project manager and unit director might all be considered liable. With that in mind they might be a little bit more pushy when negotaiating with the client!

[Mole]

I had a bit of a similar situation recently on a site. We fenced off and signed the area with Heras and netting fencing, but just about every mornining came on site to discover it dismantled and the road irons used as javelins. We informed the developer and even spoke to the local police about it but basically the response was the same - that there was not alot we could do appart from put the fences back up. If (presumably) kids wanted in they would get in no matter what and as long as we were seen to be taking every reasonable measure to warn of the danger then there was nothing else we could do.

Although, one nice policeman suggested electrifying the fence would solve our problem and possibly some of theirs in one swoop ...unfortunately the developer wouldnt spring for a 100000W Generator[:0]

[Pedant]

quote:Originally posted by achingknees
[

Point the project manager to the SCAUM H&S manual. The site director, project manager and unit director might all be considered liable. With that in mind they might be a little bit more pushy when negotaiating with the client!

Helpfully, our managers are so useless that neither of them ever actually takes responsibity for project management - the supervisors have to do almost everything themselves with no back-up, then get bawled out when it goes pear-shaped (but that's really a separate issue). Basically no-one will make a decision, especially if it involves money. The best we can do is orange plastic fencing around the deeper trenches as we don't have the resources to do more. Thanks for your comments, though!

[BAJR Host]

Place a formal notice IN WRITING to the Project Manager that you have informed them of the state of the fencing, requiring that a descision is taken - explain in a detatched and formal way the situation and the solution, including the provision of Heras Fencing, signs etc..

cc the letter to the H&S in the council, as you would be sure they will be just as concerned as the Project Managers about the safety implications.

That way, you have placed a document into the system, one which requires action - or if no action is taken, then the blame for any injury is firmly in their court.

It is reasonable to place the required barriers to public harm as is possible, but if the little b****rs get in and fall down a hole, it will not be because you made it easy for them.

[achingknees]

these might be of interest re uninvited visitors on site and responsibilties...

http://www.hse.gov.uk/press/2004/e04100.htm

http://www.hse.gov.uk/press/2002/e02204.htm

There are plenty of children getting injured or worse. Site occupiers are liable.

[lucy78green]

We had an electric fence for cows. It was a small portable generator and a length of tape. Didn't give anyone a serious shock but stopped the cows from getting in the trenches. Can't remember how much it cost but it wasn't that expensive and if the generator could be rigged up to "normal" fencing it might prove a deterrent especially if you had huge signs up saying "danger electric fence" or something.

Lucy

[BoltonSquanderer]

quote:Originally posted by lucy78green

We had an electric fence for cows. It was a small portable generator and a length of tape. Didn't give anyone a serious shock but stopped the cows from getting in the trenches. Can't remember how much it cost but it wasn't that expensive and if the generator could be rigged up to "normal" fencing it might prove a deterrent especially if you had huge signs up saying "danger electric fence" or something.

Lucy

[BoltonSquanderer]

quote:Originally posted by lucy78green

We had an electric fence for cows. It was a small portable generator and a length of tape. Didn't give anyone a serious shock but stopped the cows from getting in the trenches. Can't remember how much it cost but it wasn't that expensive and if the generator could be rigged up to "normal" fencing it might prove a deterrent especially if you had huge signs up saying "danger electric fence" or something.

Lucy

Lucy that isn't enough, you can't assume that our colleagues or the general public or even cows are intelligent enough to read the signs, you have to fence off the site, the trenches and any spoil heaps seperately, if you don't then you're in breach of health and safety regulations and your site could be shut down as a result. Lack of experience or knowledge of H+S regs is no defence under the law, F**K with H+S and you'll be be F****D in return!!!!!

OZ

[the invisible man]

Plus you get your genny nicked!