Posted By STEVE CAN ANYONE HELP? 1=WE HAVE JUST PUT UP A PROTECTIVE FENCE,AROUND 10FT HIGH WITH THE MOST HORRID SPEAR-HEADED PRONGS ON TOP. 2=WHILST THE HEIGHT OF THE FENCE SHOULD BE A DETERRENT I AM CONCERNED ABOUT THE PRONGS. 3=WE WORK ON A INDUSTRIAL SITE AND OUR WORKSHOP IS OWNED BY THE COMPANY OF THE SITE. 4=MY WORRY IS IF FOR SOME REASON BURGLARS MANAGE TO GET BY THE SECURITY THAT THEY HAVE ON SITE,WHERE WOULD WE STAND IF A BURGLAR CLIMBED THE FENCE TO GAIN ENTRY AND SLIPPED AS HE WOULD RECEIVE HORRENDOUS INJURYS. 5=I SEEM TO THINK THAT WHEN I SAT MY NEBOSH CERT.THIS SUBJECT CAME UP AND WE WERE TOLD THAT UNDER THE HSWA ACT A EMPLOYER OWED A DUTY TO EVERYBODY FOR A SAFE WORK PLACE. AS YOU CAN IMAGINE THIS CAUSED QUITE A DEBATE. 6=I CANNOT REMEMBER EXACTLY HOW THE DISCUSSION ENDED AS IT WAS A LONG TIME AGO,BUT I SEEM TO THINK THAT THE BURGLAR WAS ENTITLED TO SUE. 7=DOES ANYONE HAVE ANY IDEAS ABOUT SECURITY FENCES OR ARE THERE REGS FOR THEM,WHILST I HAVE NO FEELINGS FOR THESE TYPE OF PEOPLE WHO CAN WRECK BUSINESS I AM CONCERNED ABOUT THIS FENCE. ANY HELP WELCOME,ALSO ANY VIEWS AS TO WERE WE WOULD STAND IF THE WORST SHOULD HAPPEN. {MAYBE THE INDUSTRIAL SITE OWNERS COULD BE LIABLE? OR IS IT WHO PAYS FOR THE FENCE?

Posted By Juliet Fennell I dont know about UK law, but Ireland has an Occupiers Liability Act. Basically if you cause harm to a person (even inadvertently by putting up fencing etc you can be liable) This law was introduced here to help both the occupier and the intruder. In summary it calls for a risk assessment of the people who might try to gain entry. For example adequate signage on the fence especially at likely points of entry may be sufficient in some places, however if it is likely that children would try to gain entry and could be argued that those children may not be able to read, your defence goes down. Although not applicable to you i suggest you obtain a copy from Govt. publications, (00353 1 6476000) it gives a fairly good idea of what the courts could consider reasonable. Juliet