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We need to install a temporary wireless link on the roof of one of our sites, in order to provide connectivity to another close by. The physical equipment we will install is a non penetrating roof mount, which is weighted down by 4 concrete slabs. One roof is a high roof and no access can be gained.
The other roof is 15 feet high approximately. I raised the issue that if teenagers, or other persons were to get up, mess with the equipment and hurt themselves, action may be taken against us. I was told by our Ops team that this would be trespassing and we wouldn't be liable. I disagree.
I checked this out and under CDM 2015 believe we have a duty to take reasonable steps to prevent unauthorised access. I was again told, this was not our responsibility and would be down to the building owner.
Can anyone give experienced opinion on this please as I am not hugely experienced?
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Rank: Super forum user 
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how do you see them gaining access (I know current teenagers can be tall but 15 feet) e.g. are you installing temporary access scaffold? leaving unsecured ladders nearby? have insecure perimeter fencing? overhanging adjacent trees?
Obviously something has prompted discussion and regardless of a presumed act of trespass the premesis occupier must take reasonable steps to protect anyone who may be on the premesis even those uninvited and with possible criminal intent.
Seem to recall a post from Barrie the Badger about controlling roof mounted equipment being stolen/damaged
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Rank: Super forum user
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how do you see them gaining access (I know current teenagers can be tall but 15 feet) e.g. are you installing temporary access scaffold? leaving unsecured ladders nearby? have insecure perimeter fencing? overhanging adjacent trees?
Obviously something has prompted discussion and regardless of a presumed act of trespass the premesis occupier must take reasonable steps to protect anyone who may be on the premesis even those uninvited and with possible criminal intent.
Seem to recall a post from Barrie the Badger about controlling roof mounted equipment being stolen/damaged
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Rank: Super forum user 
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What is your (ie your organisation's) role here? It seems you don't own the building but you describe it as your site. Are you sole tenant or just a tenant of the building? Are you doing the works yourselves or contracting someone to do them?
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Rank: Forum user
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Kate wrote:What is your (ie your organisation's) role here? It seems you don't own the building but you describe it as your site. Are you sole tenant or just a tenant of the building? Are you doing the works yourselves or contracting someone to do them?
We provide an internet connection to student sites. The site doesn't belong to us. We go in and install the equipment needed to provide connectivity, then support it through the lifetime of the contract.
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Rank: Super forum user
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OK so you are a contractor not the occupier. Liability for injury to trespassers is normally with the occupier:
http://www.legislation.g...k/ukpga/1984/3/section/1
As you say, a contractor responsible for a construction site also has responsibility under CDM to prevent access to the site. So that would be your responsibility while you are doing the installation and maintenance. When the equipment you've installed is just sitting there in your absence (and you have taken away whatever dangerous construction equipment such as scaffolds you have brought), the roof is not for the time being a construction site and so it seems to me the responsibility for preventing access is with the building occupier/owner.
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Rank: Forum user
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Kate wrote:OK so you are a contractor not the occupier. Liability for injury to trespassers is normally with the occupier:
http://www.legislation.g...k/ukpga/1984/3/section/1
As you say, a contractor responsible for a construction site also has responsibility under CDM to prevent access to the site. So that would be your responsibility while you are doing the installation and maintenance. When the equipment you've installed is just sitting there in your absence (and you have taken away whatever dangerous construction equipment such as scaffolds you have brought), the roof is not for the time being a construction site and so it seems to me the responsibility for preventing access is with the building occupier/owner.
Thanks Kate. That is useful.
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