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SHERIFFDOM OF GLASGOW AND STRATHKELVIN AT GLASGOW
Court ref: GLW-B1515-23
RESPONSE
to the
DETERMINATION OF SHERIFF S REID
UNDER THE INQUIRIES INTO FATAL ACCIDENTS AND SUDDEN DEATHS ETC. (SCOTLAND) ACT 2016
IN THE
INQUIRY INTO THE DEATH OF SHÉA JOHN RYAN
To: The Scottish Courts and Tribunals Service
1. The Health and Safety Executive (HSE), being a participant to whom a recommendation under section 26(1)(b) was addressed, does respond as follows.
2. Recommendation (1) - Promoting the objective of protecting children
The Health and Safety Executive should review and consider revising its published guidance on the management of health and safety in construction (including HSG 150 “Health and Safety in Construction”; HSG 151 “Protecting the Public – Your Next Move”; and HSG L153 “Managing Health and Safety in Construction”) generally to emphasise and to promote the objective of protecting children from the risks arising from construction sites; and specifically, without prejudice to the foregoing generality, to promote the taking of precautionary measures (i) to reduce the risk of children trespassing on a construction site, and (ii) to protect trespassing children from the particular risks presented to them by any incomplete manhole thereon.
Response (1) - HSE has considered this recommendation and reviewed its published guidance on the management of health and safety in construction within HSE publications and the HSE website. Following this review, HSE considers that guidance on promoting the objective of protecting children is already readily available as follows in/at:
i. HSG 150 – Health and safety in construction at:
a. Para 40 in relation to ‘site boundaries’ to protect people (especially children) from site dangers.
b. Paras 549 – 554 in relation to ‘keeping the public out’ as the best way to protect members of the public (including children) and steps to take to reduce the chance of children injuring themselves should they get onto the site.
ii. HSG 151 – Protecting the public – your next move at:
a. Para 37 in relation to provision of ‘the site perimeter’ and advice on what is an effective site barrier to prevent unauthorised access, including that of children.
b. Para 43 in relation to provision ‘within the site perimeter’ for precautions that may still be necessary for areas of high risk within the site to protect workers, visitors and anyone else who might get in.
c. Paras 85 - 86 in relation to the appeal of a construction site as a playground to ‘children’ with advice to site occupiers to liaise with the local community, including schools, tenants’ associations and nearby households. N.B. there is reference to use of HSE video ‘Kidsafe’ which is no longer available.
iii. L153 – Managing health and safety in construction at:
iv. HSE webpage - Protecting the public
v. INDG344 - The absolutely essential health and safety toolkit for the smaller construction contractor
vi. CIS72 - Protecting the public: What you need to know as a busy builder
vii. CIS63 - Running a small construction site
Recommendation (2) - Recording incidents of perimeter breaches (especially involving children)
The Health and Safety Executive should review and consider revising its published guidance on the management of health and safety in construction to include express provision for principal contractors to establish systems of working formally to record, document, report (both internally to suitable duty-holders, and to the employer/client), and monitor (i) all incidents of damage to perimeter fencing around the construction site, and the action taken to repair or replace such damaged fencing, and (ii) all incidents of suspected unauthorised access to the construction site (especially by children), and the action taken to prevent a recurrence thereof.
Response (2) - HSE has considered this recommendation and reviewed its published guidance within HSE publications and the HSE website. Following this review, HSE considers that guidance on recording incidents of perimeter breaches (especially involving children) is already readily available as follows in/at:
ii. HSE webpage - Protecting the public
iii. INDG344 - The absolutely essential health and safety toolkit for the smaller construction contractor
iv. CIS72 - Protecting the public: What you need to know as a busy builder
v. HSE webpage - Temporary works
vi. SIM 02/2010/04 – The management of temporary works in the construction industry
Recommendation (3) - Preventing unauthorised access to incomplete manholes
The Health and Safety Executive should review and consider revising its published guidance on the management of health and safety in construction to include express provision that, outwith operational hours on construction sites, effective measures should be taken by principal contractors to prevent unauthorised access to the inspection chamber of any incomplete manhole thereon, either: (a) by placing an object (being not merely an unsecured metal lid) over the access hole to the inspection chamber of the manhole, so that the access hole is fully covered and the object itself is of sufficient weight that it cannot be moved other than with mechanical assistance; or, alternatively (b) by erecting fully enclosed fencing around (and over) the incomplete manhole.
Response (3) - HSE has considered this recommendation and reviewed its published guidance on the management of health and safety in construction within HSE publications and the HSE website. Following this review, HSE considers that guidance on preventing unauthorised access to incomplete manholes is already readily available as follows in/at:
i. HSG 150 – Health and safety in construction at:
a. Paras 552 – 554 in relation to ‘keeping the public out’ and steps to take to reduce the chance of children injuring themselves should they get onto the site without authority, including the advice to barrier off or cover over excavations, pits etc at the end of the working day.
ii. HSG 151 – Protecting the public – your next move at:
a. Para 36 in relation to planning towards controlling specific risks ‘within the site perimeter’ such as around deep excavations or similar and what precautions might be taken such as physical control measures.
b. Para 43 in relation to provision ‘within the site perimeter’ for precautions that may still be necessary for areas of high risk within the site to protect workers, visitors and anyone else who might get in and the need for strong, physical barriers to prevent people falling down excavations etc.
iii. HSE webpage - Protecting the public
iv. INDG344 - The absolutely essential health and safety toolkit for the smaller construction contractor
Recommendation 4 - Promoting the duty of cooperation between principal contractors
The Health and Safety Executive should review and consider revising its published guidance on the management of health and safety in construction generally to further promote the statutory duty upon proximate principal contractors to cooperate with each other to enable the fulfilment of their respective statutory duties under Regulation 8(4) of the Construction (Design and Management) Regulations 2015 (“the CDM Regulations 2015”); and, specifically, with a view to promoting the protection of children from the risks arising from construction sites.
Response (4) - HSE has considered this recommendation and reviewed its published guidance on the management of health and safety in construction within HSE publications and the HSE website. Following this review, HSE considers that guidance on promoting the duty of cooperation between principal contractors is already readily available as follows in/at:
i. HSG 150 – Health and safety in construction at:
a. Para 25 in relation to ‘planning the work’ and discussing proposed working methods with subcontractors.
b. Para 40 in relation to ‘site boundaries’ to protect people (especially children) from site dangers and agreeing who has control when the workplace is shared.
c. Para 587 in relation to ‘how a risk assessment is carried out’ and how cooperation between firms is required to identify problems and agree necessary precautions.
d. Paras 633 - 635 in relation to ‘what is required of the principal contractor under the CDM Regulations’ around the construction phase plan and the need to identify hazards and assess risks with the help of other contractors working at the site.
ii. HSG 151 – Protecting the public – your next move at:
a. Appendix, para 13 in relation to ‘who does what’ when identifying hazards and evaluating the risks and that relevant health and safety information should be given to all those who need it.
iii. L153 – Managing health and safety in construction at:
a. Paras 66 - 67 in relation to the general duty on everyone involved in any construction project to ‘cooperate with each other’ and anyone on an adjoining site.
b. Paras 130 - 132 in relation to the principal contractor’s specific duty to ‘coordinate’ to ensure that contractors under their control cooperate with each other so risks are managed effectively, including cooperating with contractors on neighbouring sites where activities on each site can combine to create hazards that need to be addressed jointly.
iv. HSE webpage - Principal contractors: roles and responsibilities
Recommendation 5 - Duty to share information
The Health and Safety Executive should review and consider revising its published guidance on the management of health and safety in construction to include express provision for cooperation between proximate principal contractors by promoting the establishment of systems of working to facilitate the routine and timely disclosure of information between such contractors concerning incidents (especially involving children) of (i) unauthorised access to construction sites or compounds, (ii) vandalism or damage to perimeter fencing, equipment, materials, or buildings on construction sites or compounds, (iii) theft from construction sites or compounds, or (iv) abusive or disorderly conduct by a member of the public towards any worker at such sites or compounds.
Response (5) - HSE has considered this recommendation and reviewed its published guidance on the management of health and safety in construction within HSE publications and the HSE website. Following this review, HSE considers that guidance on duty to share information is already readily available as follows in/at:
i. HSG 150 – Health and safety in construction at:
a. Para 40 in relation to ‘site boundaries’ to protect people (especially children) from site dangers and the site from vandalism and theft; agreeing who is in control when the workplace is shared; and making sure there is a system to ensure necessary precautions are in place during working and out of hours.
b. Para 594 in relation to ‘method statements’ and how they can provide information for other contractors working at the site about the effects of the work and help the principal contractor develop an overall health and safety plan.
ii. HSG 151 – Protecting the public – your next move at:
a. Para 20 in relation to employer duties under the Management of Health and Safety at Work Regulations 1999 to cooperate and share information with any other employers who share the same workplace.
b. Para 46 in relation to ‘security precautions’ and the provision of information about site risks to the employer of security guards (where they are employed on site) and the importance of cooperating with them.
iii. L153 – Managing health and safety in construction at:
a. Paras 66 - 67 in relation to the general duty on everyone involved in any construction project to ‘cooperate with each other’ and anyone on an adjoining site.
b. Paras 135 - 136 and 174 - 175 providing guidance to principal contractors and contractors respectively in relation to steps that must be taken to ‘prevent unauthorised access to the site’, including liaising with others involved with the project on site and outlining that special consideration will be required for sites that have children or vulnerable people nearby.
iv. HSE webpage - Protecting the public
v. HSE webpage - Principal contractors: roles and responsibilities
Recommendation 6 - Transfer of construction sites: duty to share information
The Health and Safety Executive should review and consider revising its published guidance on the management of health and safety in construction to include express provision for greater cooperation between principal contractors in circumstances where possession and control of a construction site (or part thereof) is to be transferred (temporarily or otherwise) from one principal contractor (“the transferor”) to another (“the transferee”); and, specifically, without prejudice to the foregoing generality, in the context of such site transfers, to include express provision for the timeous disclosure by the transferor to the transferee of the following information, so far as within the transferor’s possession: (i) any identified risk of injury or death (to workers or to members of the public who may access the site, including children) arising from the construction site, or any feature thereof, or operation thereon; (ii) the precautionary measure(s) identified by the transferor to control that risk; (iii) any incident of unauthorised access (especially by children) to the site to be transferred or adjacent sites; (iv) any incident of vandalism or damage (especially by children) to perimeter fencing, equipment, materials, or buildings on the site to be transferred or adjacent sites; (v) any incident of theft from the site to be transferred adjacent sites; or (vi) any incident of abusive or disorderly conduct towards any worker by a member of the public at the site to be transferred or adjacent sites.
Response (6) - HSE has considered this recommendation and reviewed its published guidance within HSE publications and the HSE website. Following this review, HSE considers that guidance on transfer of construction sites: duty to share information is already readily available as follows in/at:
i. L153 – Managing health and safety in construction at:
a. Paras 66 - 67 in relation to the general duty on everyone involved in any construction project to ‘cooperate with each other’ and anyone on an adjoining site.
b. Paras 111 – 112 in relation to the principal contractor’s duty for ‘the construction phase plan’ and the requirement to appropriately review, update and revise it during the construction phase so that it remains effective.
c. Paras 130 - 132 in relation to the principal contractor’s specific duty to ‘coordinate’ to ensure that contractors under their control cooperate with each other so risks are managed effectively, including liaising with those involved to establish common understanding of health and safety standards expected and cooperating with contractors on neighbouring sites where activities on each site can combine to create hazards that need to be addressed jointly.
d. Appendix 3 providing guidance on ‘the construction phase plan’ and the actions on each duty holder under the CDM 2015 Regulations in relation to it.
ii. HSE webpage - Planning for construction work
iii. HSE webpage - Protecting the public
iv. CIS80 - Construction Phase Plan (CDM 2015) What you need to know as a busy builder
Recommendation (7) - Children’s play parks: increased risks
The Health and Safety Executive should review and consider revising its published guidance on the management of health and safety in construction to include express provision highlighting to principal contractors (i) the increased risk of damage to and breach of perimeter fencing at construction sites in the vicinity of children’s play parks; (ii) the resulting increased risk of children seeking to gain unauthorised access to such sites at such locations; (iii) the necessity to consider these increased risks in any risk assessment undertaken by the principal contractors in relation to the site; and (iv) the necessity, in the context of any such risk assessment, to consider taking enhanced precautionary measures, both around and within such sites, to control those increased risks.
Response (7) - HSE has considered this recommendation and reviewed its published guidance on the management of health and safety in construction within HSE publications and the HSE website. Following this review, HSE considers that guidance on children’s play parks: increased risks is already readily available as follows in/at:
i. HSG 150 – Health and safety in construction at:
a. Paras 549 – 554 in relation to ‘keeping the public out’ as the best way to protect members of the public (including children); acknowledging the increased risk of children seeking to gain unauthorised access where the site is near to where children may play; steps to take to reduce the chance of children injuring themselves should they get onto the site and the consideration of security measures to strengthen safety measures.
ii. HSG 151 – Protecting the public – your next move at:
a. Para 37 in relation to provision of ‘the site perimeter’ and advice on what is an effective site barrier to prevent unauthorised access, including that of children.
b. Para 43 in relation to provision ‘within the site perimeter’ for precautions that may still be necessary for areas of high risk within the site to protect workers, visitors and anyone else who might get in.
c. Paras 85 - 86 in relation to the appeal of a construction site as a playground to ‘children’ with advice to site occupiers to liaise with the local community, including schools, tenants’ associations and nearby households. N.B. there is reference to use of HSE video ‘Kidsafe’ which is no longer available.
iii. L153 – Managing health and safety in construction at:
a. Paras 135 - 136 and 174 - 175 providing guidance to principal contractors and contractors respectively in relation to steps that must be taken to ‘prevent unauthorised access to the site’, including outlining that special consideration will be required for sites that have children or vulnerable people nearby.
iv. HSE webpage - Protecting the public
v. INDG344 - The absolutely essential health and safety toolkit for the smaller construction contractor
vi. CIS72 - Protecting the public: What you need to know as a busy builder
vii. CIS63 - Running a small construction site
Proposed further HSE action:
Having considered the case of Shéa John Ryan and the Sheriff’s determination, HSE will commit to raising awareness of the risks to children on construction sites.
To achieve this, we will issue timely communications that provide advice and guidance to help those responsible understand how they comply with the law by keeping sites that they manage secure, in order to prevent unauthorised access by children and others.
We will use HSE’s range of digital communication channels that include targeted e-bulletins, website content and social media, to carry relevant content in the run up to the 2026 summer school holiday periods in Scotland, England and Wales.
The choice of channel, the targeting and timing are designed to help ensure our communications have the maximum reach and so we can track engagement.