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Kim Hedges  
#1 Posted : 10 December 2019 00:36:39(UTC)
Rank: Super forum user
Kim Hedges

https://www.constructionnews.co.uk/health-and-safety/battle-daredevil-trespassers-14-11-2019/?fbclid=IwAR0EWpXrmLSMPaEUrMnVEfszYMXCQktvFbhMKhjI0WPzhEnUgB43Y1dA6g0

The above is a link to the online newspaper Construction News which has a story about the fairly recent craze by some adrenaline junkies or thrill seekers looking get their next fix.

For those in H&S, it's long been a part of basic safety that preventing injury to trespassers is required by law.  Apprently, the risk is higher if you happen to have a site that has access to things that are tall, such as mobile cranes, tower cranes, elevated MEWPs, tall structures under construction, temporary works, bridges, antentas, maybe wind turbines will be next.  

Allegedly, 6 have died in Britain since 2017.    

Have fun out there safety junkies and Happy Christmas. 

Edited by user 10 December 2019 00:37:26(UTC)  | Reason: Not specified

Hsquared14  
#2 Posted : 10 December 2019 13:47:14(UTC)
Rank: Super forum user
Hsquared14

The Occupiers Liability Act is liberally sprinkled with the words "reasonably and reasonable".  If these people are stupid enough to break into a site and climb a tower crane then so long as you have taken reasonable precautions to make your site reasonably inaccessible and to make access to your crane reasonably difficult then the law has been satisfied and you have fulfilled your duty.  None of this is absolute so if someone is still stupid / daft / mad enough (pick your prefered descriptor)  to break in and fling themselves off the top of a crane surely the phrase "volenti non fit injuria" should rule the day and they are doing it at their own risk?  No site can be made totally impregnable and no crane can be made totally unclimbable people have to take some responsibility for their own actions.

thanks 1 user thanked Hsquared14 for this useful post.
SJP on 11/12/2019(UTC)
A Kurdziel  
#3 Posted : 10 December 2019 14:02:50(UTC)
Rank: Super forum user
A Kurdziel

Definitely covered by the Occupiers Liability Act 1984

"Occupiers Liability Act 1984 Section 1(6)

No duty is owed by virtue of this section to any person in respect of risks willingly accepted as his by that person ..."

Eg people climbing cranes, jumping over pits etc cannot claim for damages as they have willingly accepted that risk

Mark-W  
#4 Posted : 10 December 2019 14:11:23(UTC)
Rank: Super forum user
Mark-W

Originally Posted by: Hsquared14 Go to Quoted Post

 people have to take some responsibility for their own actions.

I'm sorry, I have to disagree with you. Climbers have a devine right to climb where they want to. Nothing is allowed to impede thier freedom.

I think it all stems from when several words were removed from the dictionary. They are accountable, common sense, responsible and probably a few others

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