CHECK THE COMPETENCY OF CONTRACTORS, HSE WARNS DUTY HOLDERS

HSE press release E013:03 - 28 January 2003

A recent prosecution taken by the Health and Safety Executive (HSE) has highlighted the need for those involved in tree-felling operations to carefully check the competency of the contractors.

On 8 January 2003 in Leamington Spa Magistrates' Court a building and property development firm pleaded guilty to a charge under the Health and Safety at Work etc. Act 1974 (HSW Act), Section 3(2). P and B Carpentry and Builders (trading as B and B Homes) was fined £2,000, plus £664 costs, for failing to check the tree surgeon involved was competent to carry out the operation in question.

The tree surgeon felled a large branch from a 20-metre poplar tree in an uncontrolled manner. It fell across a neighbouring garden demolishing a fence panel. The neighbour had been in the garden just half an hour earlier, playing with her 20-month-old child. No warnings had been given to keep children or pets inside.

Speaking after the case, Adrian Hodkinson of HSE's Agriculture and Wood Sector said: "This incident and prosecution sends out a clear message that clients engaging contractors to undertake tree work need to carefully check they have the necessary skill and competence. Tree work is hazardous; to be done safely it requires properly trained and experienced people.

"It would have been advisable for the client to obtain two or three detailed quotes. And the client should have asked for details of how the work was to be done and checked that the contractor held chainsaw certificates of competence relevant to the task.

"I would encourage all clients to examine the qualifications and skills of people they engage. Arboricultural trade associations can supply details of approved contractors and information to help you choose a competent tree work contractor. It is not surprising that the job went wrong and it is very fortunate that no-one was injured."

Notes to editors

1. The case was taken under the Health and Safety at Work etc. Act 1974 (HSW Act), Section 3(2). This requires a self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety.

2. HSE's Agriculture and Wood Sector deals with the arboricultural industry at a national level.

3. The Approved Code of Practice to the Provision and Use of Work Equipment Regulations1998, states that: "All workers who use a chainsaw should be competent to do so. Before using a chainsaw to carry out work on or in a tree, a worker should have received appropriate training and obtained a relevant certificate of competence or national competence award, unless they are undergoing such training and are adequately supervised."

4. Arboricultural trade associations include:

The Arboricultural Association
The International Society of Arboriculture
National Arborist Association

5. Your attention is drawn to the fact that the provisions of the Contempt of Court Act apply to this matter.

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