Posted By Ged Hi everybody can anybody help me out with this one. Firm has a builiding very old and it is full of asbestos boarding. It is now well passed the sell by and new premises have been found. However there is still some equipment in the building that has to be maintained periodically. Everything that is screwed down etc has been left within the building to prevent accidental breakage of the asbestos boarding. The building will be boarded up and locked etc and it is within a compound. Question 1..If kids break in etc and vandalise are we responsible? 2..Is there a need for a permit to work for the engineers doing the periodical maintenance? Hopefully question two will also be resolved in the near future when a new site can be found for this equipment. Cheers for now Ged

Posted By Nick Higginson Ged, Under Criminal Law, HSWA74 Section 4 places responsibilities on anyone in control of premises. Under Civil Law, Occupiers Liability Act 1957 and 1984 place duties on persons in control of premises. 1984 gives duties with regards to trespassers. SIgns warning of the danger are unlikely to discharge your duties as far as children are concerned, so other measures will be necessary. If you are aware that trespass is likely (and you obviously are, hence your message) then you certainly do have duties whilst you still retain some control over the premises. Regards, Nick

Posted By Martin Allan Question one the answer is "Yes" as others have indicated. Question two The answer is "Yes" if you want to put yourself in a suitably justifiable position, as having provided clear unambiguous instruction to those who will be undertaking the work. Such instruction/methods of work should be used if they will improve control and further the safety of the persons involved. If it only provides a record that clear instructions were given and helps reinforce the importance of taking care and reporting damage to suspect materials it is probably woth using such a permit system.