Posted By Laurie Last week an international company left (unsolicited) goods at my house. On leaving the front gate was left open allowing a vulnerable adult (it could have been a small child) freedom to go out onto a main tourist route, probable the busiest road within ten miles. Since a person not in this company's employ was placed at risk by one iof their work activities, was a Section 3 offence committed? Discuss! Laurie

Posted By steven bentham Its not Section 2 of HASAWA this applies to the employees of the company i.e. the one that went out of the gate. The balance of reasonably practicable under section 3 would be: (1) How would the company know that you had a vulnerable person who would wonder if the gate was left open; (2) Should you have a self closer on your gate; (3) Should your gate have warning signs to instruct any visitors to your house (some have no duties under the Act but the risk to you and yours would be the same) Unless you had a special risk premises, nursery, social services care environment how would anyone know that persons would be at additional risks? Before you know it the smart lawyer would give the Regulators a good run for their money. So maybe no offence has been commited! Check out the HSE'S website of prosecutions and look how many are listed for this subject.