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
Admin  
#1 Posted : 22 October 2000 18:54:00(UTC)
Rank: Guest
Admin

Posted By STEVE CAN ANYONE HELP? 1=WE HAVE JUST PUT UP A PROTECTIVE FENCE,AROUND 10FT HIGH WITH THE MOST HORRID SPEAR-HEADED PRONGS ON TOP. 2=WHILST THE HEIGHT OF THE FENCE SHOULD BE A DETERRENT I AM CONCERNED ABOUT THE PRONGS. 3=WE WORK ON A INDUSTRIAL SITE AND OUR WORKSHOP IS OWNED BY THE COMPANY OF THE SITE. 4=MY WORRY IS IF FOR SOME REASON BURGLARS MANAGE TO GET BY THE SECURITY THAT THEY HAVE ON SITE,WHERE WOULD WE STAND IF A BURGLAR CLIMBED THE FENCE TO GAIN ENTRY AND SLIPPED AS HE WOULD RECEIVE HORRENDOUS INJURYS. 5=I SEEM TO THINK THAT WHEN I SAT MY NEBOSH CERT.THIS SUBJECT CAME UP AND WE WERE TOLD THAT UNDER THE HSWA ACT A EMPLOYER OWED A DUTY TO EVERYBODY FOR A SAFE WORK PLACE. AS YOU CAN IMAGINE THIS CAUSED QUITE A DEBATE. 6=I CANNOT REMEMBER EXACTLY HOW THE DISCUSSION ENDED AS IT WAS A LONG TIME AGO,BUT I SEEM TO THINK THAT THE BURGLAR WAS ENTITLED TO SUE. 7=DOES ANYONE HAVE ANY IDEAS ABOUT SECURITY FENCES OR ARE THERE REGS FOR THEM,WHILST I HAVE NO FEELINGS FOR THESE TYPE OF PEOPLE WHO CAN WRECK BUSINESS I AM CONCERNED ABOUT THIS FENCE. ANY HELP WELCOME,ALSO ANY VIEWS AS TO WERE WE WOULD STAND IF THE WORST SHOULD HAPPEN. {MAYBE THE INDUSTRIAL SITE OWNERS COULD BE LIABLE? OR IS IT WHO PAYS FOR THE FENCE?
Admin  
#2 Posted : 22 October 2000 21:55:00(UTC)
Rank: Guest
Admin

Posted By Ken Taylor I think it possible that civil action could be taken against whoever was in occupation, control or ownership. As to the likelihood of success, it would depend upon the circumstances of the case. Fences need to be erected with the trespassing child in mind. Has what is reasonable been done to prevent injury? Are there footholds and vantage points that would make the risk of intrusion via the fence foreseeable, etc? A climbable fence with prongs or spikes would be best adapted to have spheres on top of them. An anti-climb type (eg with max 25mm x 75m weld-mesh)at 2.5m height should be OK and one does see these with roller devices on top to deter scaling.
Admin  
#3 Posted : 02 November 2000 15:39:00(UTC)
Rank: Guest
Admin

Posted By Juliet Fennell I dont know about UK law, but Ireland has an Occupiers Liability Act. Basically if you cause harm to a person (even inadvertently by putting up fencing etc you can be liable) This law was introduced here to help both the occupier and the intruder. In summary it calls for a risk assessment of the people who might try to gain entry. For example adequate signage on the fence especially at likely points of entry may be sufficient in some places, however if it is likely that children would try to gain entry and could be argued that those children may not be able to read, your defence goes down. Although not applicable to you i suggest you obtain a copy from Govt. publications, (00353 1 6476000) it gives a fairly good idea of what the courts could consider reasonable. Juliet
Users browsing this topic
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.