Did you know that as a landowner of business owner in the UK, you have a legal duty not just to those who are invited onto your property, but also to trespassers? It’s a surprising fact, but it’s one that carries significant implications for your responsibilities in maintaining safety and security. With a maze of legislation guiding these obligations, read on to delve into the intricacies of your health and safety duties as a property or landowner.
Relevant Laws
In the UK, duty of care is governed by several laws. These are:
- The Occupiers’ Liability Act 1957, as amended by the Occupiers’ Liability Act 1984 (OLA)
- The Health and Safety at Work Act 1974 (HSAWA)
- Common Law of Negligence
When a Duty Arises
A duty of care arises under the following circumstances:
- The owner/controller of the land is aware, or has reasonable grounds to believe, that a danger exists.
- They know, or have reasonable grounds to believe, that a person is in the vicinity of the danger, or may enter the area with or without consent.
- The risk is of a kind that it is reasonably expected to protect against.
Employer Responsibilities Under HSAWA
Under the Health & Safety at Work Act 1974 (HSAWA), employers have a statutory duty to ensure the safety of their staff. This includes ensuring that the land and premises where employees, contractors, and visitors are required to work are safe and free from risks and dangers. Employers must assess known or likely risks and implement control measures to eliminate or reduce them. This involves carrying out risk assessments and communicating the findings to those affected.
Landowner Responsibilities Under OLA
Similarly, under the Occupiers’ Liability Act (OLA), landowners are under a duty to safeguard the safety of those likely to be present on their land. Farmers, businesses, organisations, and even individual householders must ensure their land and premises are safe for expected visitors. This includes taking reasonable steps to safeguard the safety of entrants by not deliberately placing dangers, and by minimising pre-established risks - such as the presence of wild livestock. Placing reasonable warning signs is a step in this process, but may not be sufficient on its own.
Additional Security Measures for Vulnerable Groups
When land or premises are near schools or other establishments occupied by vulnerable groups, additional and more appropriate security steps are needed. For example, building contractors on construction sites near schools or railway premises must minimise the risk of children entering the site. This includes erecting adequate fencing around the area and securing equipment and vehicles inside as children may not notice, read, or understand warning signs.
Duty of Care Towards Trespassers
Surprisingly, duty of care also extends to those who do not have express or implied permission to enter the land – referred to as trespassers. Landowners are entitled to protect their property by reasonable means, but must not use excessive or disproportionate force or lay traps that could harm trespassers. While this may seem counterintuitive to some, trespassers are also entitled to their basic human rights.
If you require further assistance, please contact the Health & Safety Advice Line Team for FREE on 0116 274 9193.
