Managing Public Safety
This month’s safety bulletin focuses on managing public safety during tree work. The accident we are going to look at happened in the UK back in August 2022 and the findings are as relevant in Australia as they are in the UK.
Before we look at the accident and the findings, we should take a moment to think about the fact that tree work often takes place in areas accessible to the public such as parks, schools, near footpaths and even on residential sites.
In Australia there was a case where the neighbour walked out their driveway and was hit by a palm frond from a neighbouring tree a tree worker was pruning and had to pay a compensation fine).
Public safety during any works should be one of the top priorities for any operator, as failing to manage public safety can lead to serious injuries and legal repercussions. I have listed a few key safety measures that you can use and or adapt for your business:
Establish Clear Exclusion Zones: Set up a well defined work area using barriers, cones, bollards, or tape to prevent unauthorised access.
Use Appropriate Signage: Set up warning signs at all entry points to the work area, informing the public of potential hazards and directing them to alternative routes if necessary.
Monitor Public Access: Station competent staff in key positions to monitor the public, ensuring that no one inadvertently enters the work area.
Effective Communication: Make sure that all staff know how the job will be carried out and remain in contact with each other should a member of public enter the work area.
Adjust Work Schedules: Whenever possible, schedule activities during periods when there are less people around such as early mornings or weekdays but be mindful of schools and bus stops.
Immediate Response to Breaches: If a member of the public enters the exclusion zone, stop all work immediately and guide them to safety before resuming work.
With the above in mind lets look into the Incident from August 2022.
Accident Summary:
In August 2022, an unqualified contractor hired by Bishop Bewick Catholic Education Trust to fell trees at a Newcastle school caused serious injury to a passer-by and her dog when a branch fell onto them. The contractor lacked arborist training, and no checks were made on his competence or method. Shockingly, work continued the next day using the same unsafe approach. HSE intervened, issuing prohibition notices and later prosecuting both the contractor and the Trust.
Legal Outcome:
The Trust was fined £20,000 and ordered to pay £4,344 in costs after pleading guilty at Newcastle upon Tyne Magistrates’ Court on 17 April 2025. May 2025
The unqualified contractor pleaded guilty at South Tyneside Magistrates’ Court on 7 May 2025. He received a 12 week prison sentence, suspended for 12 months, and was ordered to complete 100 hours of unpaid community service.
Prohibition notices were issued by the HSE to both the Trust and Contractor, halting further unsafe work.
Safety Failings Identified:
Lack of contractor competence: The Contractor had no formal arboricultural training or chainsaw qualifications.
Failure to verify contractor credentials: The school trust did not check the contractors experience, training, or methods.
Unsafe working practices: Work was conducted directly over a public footpath without sufficient control measures and adequate staff.
Failure to reassess after incident: Work continued the next day with the same unsafe methods, endangering public safety further.
No exclusion zone or risk mitigation: Only cones and tape were used, failing to provide adequate protection for the public.
Key Learnings:
Competency checks are critical. Ensure all staff & contractors are trained, qualified, and competent for the tasks they are hired to perform. This includes an subcontractors you have working on a job site, this could include crane companies, contract climbers or any other persons conducting business that is not directly employed by you.
Pre work planning is essential. Always conduct a full site specific risk assessment, making sure to address all hazards around the working area and obtain a safe method of work before tree works begin. Ensure all staff and subcontractors sign the risk assessment prior to work commencement.
Public safety must be a priority. Safe work zones must include exclusion zones, signage, physical barriers where necessary, and additional staff to assist in maintaining the public’s safety.
Incidents require immediate review. Any near miss or accident/incident must result in work being stopped and a full safety review carried out before starting again. This should also include accident/incident reporting and notification to principal contractors and governing bodies where required.
Clients remain responsible. Hiring an external contractor does not absolve the principal organisation of its health and safety duties. You should check all of your subcontract staff and services are compliant and all machinery is in a good operating condition without being modified from the manufacturers instructions.
Key Takeaways:
Even routine tree work can pose significant risks if not managed and undertaken correctly, complacency is a dangerous thing just because you have done the task May 2025 hundreds of times before does not make you immune from the hazards associated with the task being carried out.
As arborists the work we undertake is high risk, each job should be planned with one eye on the public making sure that our actions on the work site do not place members of the public in any danger.
HSE (Health and Safety Executive UK) or Work Cover (Australia) guidelines are a legal requirement, which ever governing body you sit under prior to setting up a work site you should be making sure that the requirements have been adhered to.
Having documented procedures and evidence of due diligence are vital steps in protecting businesses and organisations from liability issues should an accident or incident happen onsite.
Wider Business Impacts:
Reputational damage: Both the Trust and contractor faced public scrutiny following media and HSE coverage.
Financial penalties: Fines and legal costs can be substantial and unplanned, not to mention the increased insurance costs following the accident.
Operational delays: Work was stopped by HSE, causing disruption to planned operations.
Increased oversight: Future work may now be subject to more rigorous audits or monitoring by insurers, local authorities, or HSE.
Trust and confidence: Stakeholders may lose confidence in an organisation’s ability to manage risk if safety isn’t taken seriously
Published: May 2025