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In January 2017, a 35 year-old IT specialist who was intoxicated and trying to make his way home during freezing conditions, went through a barrier and gates reserved for emergency use only, at Canning Town station. The gates closed behind him preventing him from returning to the platform. After take a wrong turn he fell down a flight of stairs and was discovered six hours later during which time he had died from head injuries.
As a trespasser he would have been owed a duty of care under the Occupiers’ Liability Act 1984 (OLA), but it was a lesser duty than would apply if he was regarded as a lawful visitor.
It was found that the man was not a lawful visitor because he had “exceeded the well signposted limits of his permission” i.e. there were substantial gates, barriers and warning signs.
You have a duty to protect trespassers from harm, but only to the extent that the premises must not be in a dangerous state. After investigation, the staircase in this situation met expected standards and was in good repair.
Review your premises to ensure that areas that out of bounds to visitors are clearly marked. Protective measures should be taken to deal with anything especially hazardous, even if no one is supposed to go there.
Health & safety gone mad is a phrase I hear all too often; used to describe what some perceive as restrictions on getting the job done. It never ceases to amaze me that people take this view with appropriately implemented health & safety.
Read MoreThe provision of safety training to staff is one of the most cost effective ways of reducing incidents at work.
Read MoreWe are always happy to answer any queries you may have about our Fire Risk Assessment or Health & Safety services
Fast R Solutions Limited,
Unit 69,
Hartlebury Trading Estate,
Hartlebury,
Worcestershire,
DY10 4JB
