A recent prosecution by the Health and Safety Executive provides a useful reminder to businesses in the construction industry.

A site operator was fined under Health and Safety law for failing to ensure that tree contractors engaged to carry out tree felling work were competent and likely to carry out their services in a safe manner. In fact the work was done in a dangerous manner, and branches of the tree being felled were allowed to fall into adjoining properties where children playing were at risk of injury. Fortunately there were no injuries as a result of the careless practices employed by the tree surgeons.

However, the case is a sharp reminder to site operators. They remain liable for the Health and Safety issues when engaging subcontractors to carry out works, even when those subcontractors are specialists in their own field. It is the site operator's duty to check the competence of those engaged, and in the case of tree work this would also involve checking that the relevant chainsaw certificates of competence are held.