Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
PRINCESSLAUREL  
#1 Posted : 27 July 2015 19:38:12(UTC)
Rank: New forum user
PRINCESSLAUREL

Hi, I'm fairly new to H&S and have only just passed my NEBOSH. I took over the H&S role from a predecessor, but didn't get a handover and their record keeping was a little sketchy. This means I'm trying to create my own records and files and I'm trying to establish what I should and shouldn't keep records of. A recent incident on site was a couple of teenage trespassers who accessed the site, climbed on the roof and sprayed graffiti. I think that should be recorded as an incident, and that we should carryout a risk assessment to determine what we can do to prevent it happening again, but my line manager disagrees because it didn't occur within the scope of carrying out our business, or work. Does anyone have any thoughts or links to relevant information that could help us settle this dispute?

I do hope this is the type of thing I should be asking here - apologies if not - but if not, could you guide me to a more suitable resource?

Many thanks.
gramsay  
#2 Posted : 27 July 2015 19:58:51(UTC)
Rank: Super forum user
gramsay

I think you're quite right - I don't know what your site is, but assuming you have any kind of perimeter security at all (fences, etc), then clearly it failed to prevent the kids getting in, and making sure someone asks why is as important as with any other controlled risk.

Even if this is not a risk you've previously tried to control, you've identified through this incident that you might need to rethink. All this is good safety advice from you, protecting both potential trespassers and your employer.

How you record this is entirely up to you - try not to let others get bogged down in definitions of incident / near miss etc, although that can be hard sometimes. Good luck.
Roundtuit  
#3 Posted : 27 July 2015 20:06:46(UTC)
Rank: Super forum user
Roundtuit

You have duties as premises occupier to all who are present which also extends to intruders. If you do as suggested I.e. nothing and some time later there is a repeat but this time one of them falls through the roof could the business cope with disruption whilst police etc investigate?

Better to investigate and resolve now than to hope for no repeat - nowadays there is a trend for teenagers to post their exploits on !ine and for others to try and go one better.
Roundtuit  
#4 Posted : 27 July 2015 20:06:46(UTC)
Rank: Super forum user
Roundtuit

You have duties as premises occupier to all who are present which also extends to intruders. If you do as suggested I.e. nothing and some time later there is a repeat but this time one of them falls through the roof could the business cope with disruption whilst police etc investigate?

Better to investigate and resolve now than to hope for no repeat - nowadays there is a trend for teenagers to post their exploits on !ine and for others to try and go one better.
PRINCESSLAUREL  
#5 Posted : 27 July 2015 21:55:59(UTC)
Rank: New forum user
PRINCESSLAUREL

Thanks to you both Rounduit and gramsay. I'll raise this again tomorrow and your arguments will make it easier for me to make my case. At the end of the day, I'll just raise the paperwork and put it in the file, and make sure it's dealt with. Cheers.
Jimothy999  
#6 Posted : 28 July 2015 16:44:31(UTC)
Rank: Forum user
Jimothy999

Hi Princess Laurel and welcome.

In case you are still struggling to convince your boss of the need to assess this break in and prevent a recurrence then you can quote the occupiers liability act. This places a duty of care on you as has been mentioned, even towards trespassers to a certain extent. Link below to a brief summary to help you out if needed.

http://www.inbrief.co.uk.../occupiers-liability.htm
Kate  
#7 Posted : 28 July 2015 20:03:41(UTC)
Rank: Super forum user
Kate

If the story had ended "... and then they fell off the roof and broke their necks" your manager would soon find that it affected the business!
JohnW  
#8 Posted : 29 July 2015 11:46:47(UTC)
Rank: Super forum user
JohnW

Princess,

There are cases where businesses have been prosecuted after trespassers were injured.

Example

http://www.hse.gov.uk/press/2009/coiw61709.htm

also, different circumstances, Railtrack have been prosecuted where trespassers have been killed


Users browsing this topic
Guest
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.