Posted By DaGuru our site has a fragile roof and it would appear that someone has at some time crossed this area (rear of factory)to get access to a solid flat roof at the front. Looking at the way a person could do this in the first place would suggest access via a lower part of our building, with the help of a friend and access a 2 further stages before accesing the actual roof. My question is this, do we have a duty to put a warning sign up at the mid point indicating that beond this point there is a fragile roof? I suspect that we would have a duty to do so If it was reasonably forseeable that this is actual happening, although we have no proof that this indeed has actually happened other than a broken door. Thank you.

Posted By Phil Grace DaGuru, You do not mention whether you suspect access was by your own employees, children "out for a lark" or someone intent upon criminal activity. I would say that you need to post warning signs for the following purpose: 1) to ensure that employees going about normal and acceptable actvities (in connection with their employment) do not have an accident simply as a result of their not knowing or appreciating that the roof was fragile. 2) to ensure that contractors employees do not make the same mistake. Pre-start briefings should ensure that the contracting "firm" knows of the existence of the fragile roof and you should have reviewed their method statements etc if they were expected to work on/near this roof. But "on the day" employees of the contractor may act unexpectedly, take short cuts, go where they are not meant to etc. No sign and you are likely to end up "bang to rights" when a compensation claim is made against you. 3) to ensure that in the event that a trespasser is injured you can say that you did all that you could to ensure they were aware of the risks. Of course the value of signs - especially for trespassers - is greatly enhanced by some razor wire! Hope this helps. Phil

Posted By db Yes indeeed. Reg 9 (3)(a) of WAH regs.

Posted By Mark Bart Good old herrington v british railways (OLA1984). responsibility to trespassers where risks / hazards are known. you will be liable. Need to put in place signage to warn (as some have said) with restrictions fitted to where persons may be getting access. Is CCTV in use? Are ladders restricted locked off etc? Think of mitigation measures. Mark