I have a contractor (Principal) who is not properly securing the boundary of their site against unauthorised access. I am aware that this contravenes Part 4 of the CDM 2007 Regulations but does it breach any other H&S regulations as well?

Also a potential contravention of Section 3 of the HSAW Act in that it exposes persons not in his (the PC's) employment to risks to their health and safety because the site hazards can be readily accessed by children (or adults) who may be injured thereby.

Thanks guys! What you have said only confirms what I initially thought although my research has made me realise that the CDM 2007 Regulations does leave things a little `cloudy`. The ACoP expains that the PC shall take `reasonable steps` to prevent any `unauthorised access` and the regaulations talk about them (the PC) having to `fence off` the site with no mention or clarification of the type or size et cetera. It does talk about the fence being `in accordance with the level of risk` which doesn't really help at all. The site I am concerned with is just being turned back from a `laydown area` back to a farmers field. There are no excavations or likewise and although during the night therefore there isn't much of a `risk`, during the daytime there are still a few items of plant and lorries moving about it that would not be good if any young kids decided to start going around looking for some sort of `adventure`. The `fence` that the contractor has put up could be stepped over by a reasonably tall person but with guidance like that I feel that it will be difficult to get anything better. That said though, it won't stop me from trying! Thanks again.