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Construction Site Safety

39. Security on Site
Introduction
Security is not a subject that is usually associated with health and safety on building, construction or civil engineering sites. However, poor security with the risk of theft of, or damage to, plant tools, equipment or other facilities, can lead to an increased possibility of ill health or accidents occurring to both employees and visitors. Under the requirements of the Construction (Design and Management) Regulations 1994, poor security arrangements that fail to prevent unauthorised persons from gaining access to a site, premises or a workplace where construction work is taking place, are probably a criminal offence. The actual cost of security arrangements can be insignificant when compared with the financial loss that can be prevented. Losses both in the terms of production time due to people being unable to work as the result of accidents or ill health, or losses of materials that have been stolen or damaged by fire or by any other means. Even the cost of removing spray paint graffiti can be substantial. If a visitor to site, or in some cases even a trespasser, is injured or their health impaired, in any way, they almost certainly have the right to take civil proceedings, to sue for damages against the site occupier or owner. In the appropriate circumstances the Health and Safety Executive could also bring a criminal prosecution. Developments in legislation and the physical control of sites mean that security is now very closely linked with all aspects of health and safety. So much so, that even modest improvements in security can easily result in significant improvements in health and safety with a reduction in financial and other losses.

Legislation
The Theft Act 1968 The Criminal Damage Act 1971 The Health and Safety at Work Act 1974 The Guard Dogs Act 1975 The Occupiers Liability Act 1957 and 1984 The Police and Criminal Evidence Act 1984 The Construction (Design and Management) Regulations 1994

Definitions
A visitor may be any person who is a lawful visitor with a genuine reason to visit the premises, or a trespasser or criminal who at any time during the day or the night is intent on committing a crime. A trespasser is a person who makes an unlawful or uninvited entry onto property.

Visitors to site
Section 3(1) of the Health and Safety at Work Act states: It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be effected thereby are not exposed to risks to their health and safety. This quite clearly means that employers must ensure that visitors, invited or otherwise, are not put at any risk to their health and safety if they come into the workplace or onto site.

Construction Industry Training Board

GE 700/39 March 1996

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Court cases have clearly shown that this duty extends to all aspects of an employer's undertaking and not just to their direct work activities. Perhaps the greatest potential for risk is young children who trespass on site. The fact that they, or anyone else for that matter, are trespassing does not in any way reduce the employer's responsibility to have a safe site or premises. The Occupiers Liability Acts cover the responsibility that an occupier of any land or premises has towards other people in general. It does not matter if the owner is the occupier, or whether the premises are rented or occupied under any other terms. The Acts apply equally to possession of premises, or a site, where the occupier is only there to carry out building, civil engineering or construction work. It may well be that, in such cases, there may be more than one occupier at one time. The requirements in the Occupiers Liability Acts are for occupiers to manage the premises, and the activities within those premises, so that the health and safety of visiting persons are not put at risk. The term premises will also include the grounds surrounding a building. For example an unfenced excavation outside a factory premises that is being built would certainly be covered by the Act should an accident occur to a visitor. The types of visitor covered by the Act include: postmen and other delivery people computer repair technicians and other specialists who have been called in electricity, gas, telephone and water company employees customers and other beneficial visitors HSE or Local Authority inspectors other officials who have a lawful right to visit the general public if they are not prohibited from entering people collecting their partners unemployed students looking for temporary work

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lawful visitor with a genuine reason to visit the premises, or a trespasser, who at any time during the day or the night is intent on committing a crime. In respect of ordinary visitors, the duty on the occupier is probably no higher than their duty to their employees. If an employer complies with the provisions of the Health and Safety at Work Act and all of the other relevant statutory provisions, they are probably complying with the requirements that are imposed on them by the Occupiers Liability Acts. There are however some exceptions to be considered:

Special risks
Where there are special or unusual risks in premises, then the occupier must ensure the safety of visitors. Employees themselves may be well aware of the risk, and have safe systems of work, use protective equipment or have procedures that would be unknown to a visitor. In this type of case the occupier must make suitable provision for the protection of all visitors. An example might be the provision of eye, foot or head protection where necessary, or barriers to keep visitors away from machines.

Children
If children are allowed on the premises, as children of customers, invited school parties etc. it must be remembered that they will not have any concept of hazard and risk and cannot be expected to behave as an adult would behave. Whereas an adult may stand behind a guard rail that is set at a height of 1 metre, a small child could walk under it. So it may be necessary to have intermediate guard rails at 330 and 660 millimetres. It should also be appreciated that children may not be able to read, understand or comply with safety signs and notices. For example a sign saying, DANGER HOT WORK IN PROGRESS DO NOT TOUCH is virtually an invitation for a young child to touch it and see how hot it is. One area of particular concern in respect of occupiers liability may be house building. It is common practice for houses to be built and

It can be taken that a visitor for the purpose of the Acts can be anyone who is not an employee. Therefore a visitor may be any person who is a 39/2

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occupied, or used as a show house, while other houses are being built around them. Potential house purchasers are visitors and if they are invited to look round, or are not otherwise prevented from looking around houses under construction, then the Occupiers Liability Acts will apply.

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The straightforward interpretation of this requirement is that if a person is excluded from site, or from where construction work is taking place, they obviously cannot be injured or suffer any ill health effect. The Approved Code of Practice for the Regulations, which incidentally is also the Approved Code of Practice for Sections 2, 3 and 6 of the Health and Safety at Work Act, the Management of Health and Safety at Work Regulations 1992, and the Provision and Use of Work Equipment Regulations 1998, makes the point that people may need to be authorised individually or collectively to enter all or specified parts of a site or a place where construction work is taking place. An example of this is that once all of the brickwork and blockwork has been completed for a lift motor room or a plant room, and a start has been made on the installation of the equipment for that room, do bricklayers and others still need access? Should they therefore cease to be authorised persons for that part of the premises? A similar situation will exist earlier in the same construction project. Do the plant installation mechanics really need access to the plant room before it is substantially complete and while other trades are still working in there? The purpose behind this particular section of the Construction (Design and Management) Regulations 1994 is that if people are kept out of the premises or some part of it, they cannot have an accident there or be exposed to risks to their health. Controlling access to parts of premises may be more difficult than controlling access to the whole of the premises, but it is a clear requirement of the legislation, and proper procedures will be needed in the appropriate cases. The overall type and the degree of security needed will vary from site to site. On a town or city site where there are houses or schools nearby, secure perimeter fencing with security guards at the entrance may be necessary. This might also be the case in areas where there is a high possibility of theft or criminal damage occurring.

Trespassers
Mention was made earlier of trespassers and other unlawful visitors who may be intent on committing a crime such as theft, arson or criminal damage. If an occupier has fulfilled their duties to their employees and other lawful visitors, then no other duty will exist in respect of unlawful visitors or trespassers. The only exception is in respect of children, where occupiers must expect children to be inquisitive and to trespass, particularly where they can see the opportunity to play on building or construction plant, scaffolds, piles of materials or anything else where they can have a game. If trespass by children is a realistic possibility, the appropriate measures must be taken to keep them out or prevent them from being injured In respect of all trespassers, including criminals and children, it is illegal to set any form of trap or to deliberately do anything that is intended to cause injury to, or to damage the health of the intruder

Site security and the connection with the Construction (Design and Management) Regulations
These Regulations place a requirement on the Principal Contractor to: take reasonable steps to ensure that only authorised persons are allowed into any premises or part of premises where construction work is being carried out.

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If the site is part of, or next to, other works, or there are public rights of way adjacent to or crossing the site, special consideration will have to be given to the need to exclude all unauthorised persons from places where construction work is taking place. If refurbishment work is taking place in an occupied building, or a building is being extended while part of it is still being used, then the employees of the occupier must be excluded from the areas of construction work even if they do want to go sightseeing. On large remote sites, adequate and proper warning signs giving notice of the dangers, together with relatively simple barriers at vehicle and pedestrian access points, may be all that is needed. However, as has been said before, if there is a possibility of children trespassing or being at risk of injury or damage to their health, then adequate precautions must be taken. Note For the definition of construction work and other information on the provisions of the Construction (Design and Management) Regulations 1994, see GE 700, Module 36.

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Once property has been stolen and taken off of site, the chances of getting it back can be rather remote. While the materials may have been insured, the lost production time and other difficulties caused by the theft or damage, are in themselves a major cost.

Powers of employers
If an employer or occupier of a site or premises actually catches a person stealing or damaging any of their property, or anyone elses property, they have the right to detain or arrest the offender and keep them there until the police arrive. The power of arrest may also be used if an employee or a trespasser is found in possession of something that has previously been stolen. For example where an angle grinder, or electric drill, has been stolen and hidden next to the site perimeter fence to be collected later. The right of arrest also extends to all cases of deliberate or malicious damage to property, whether the damage is described as vandalism or graffiti or is caused by fire (arson). If anyone is ever arrested on site then careful notes should be made of everything that is said or done and the police called at the first possible opportunity. If further detailed information is needed about the offences briefly mentioned above reference should be made to: the Theft Act 1968 the Criminal Damage Act 1971 the Police and Criminal Evidence Act 1984

Site security and crime prevention

The crimes that cause the greatest problem on site include theft, criminal damage and arson. While it may be usual to think about offenders being people who come onto site to steal or to see what there is to steal etc. it must be remembered that a substantial number of offences are committed by employees either for the direct gain of what they steal or out of malice against the employer. It is not unknown for employees to damage property to delay the progress of work, so they can be employed for longer repairing the damage that they have caused. Sometimes site employees will give information to other persons who will later come and commit the crime. This is very often the case with the larger items of construction plant and equipment, or where substantial amounts of material are taken. Even if the offenders are caught it is very difficult to identify the employee who passed on the information.

Managing security
The three most important things that can be done in respect of site security are to: make it more difficult for the trespasser to get onto site or into the building make it harder for the criminal or trespasser to steal or damage anything make it more difficult for the criminal to profit from their crime

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Making it difficult for the trespasser to effect an entry

The first consideration in attempting to make it difficult for the trespasser to effect an entry will include the provision of site fencing. This can vary from a simple post and chain-link mesh arrangement, in the appropriate cases, to a two metre high security fence with the posts set in concrete bases. Alternatively, a two metre high close boarded wooden perimeter fence, or hoarding, may be needed in a city or town centre site or at other high risk premises. The use of barbed wire or razor wire or anything else that is sharp on the tops of fences, must be restricted to places where the passing public are unlikely to come into contact with it and be injured or suffer damage to their clothing. The number of gates or access points through the fence should be kept to a minimum in order that effective control can be maintained over those persons wanting to get onto site. This must, however, be balanced by the need for emergency exits in the case of fire or other circumstances. Whether entrance gates should be permanently manned, and if so should it be with site staff or employees from a security company, is a matter for site management to decide, depending on the degree of risk. In a very similar manner to the risk assessments under the Management of Health and Safety at Work Regulations a risk assessment for site security will look at: the hazard, i.e. what crimes could be committed the risk, i.e. how often will it happen and what could be stolen or damaged, etc.

Guard dogs
As work on most sites only takes place during the normal working week, serious consideration must be given to out-of-hours security. Again a decision is needed and a factor that may be considered is the use of guard dogs. If guard dogs are to be used the provisions of the Guard Dogs Act 1975 will apply. The Act covers the display of warning notices, the control of dogs by their handlers and whether dogs may be left free to roam the premises. It should be noted that a guard dog on a long chain on site, thus giving it considerable scope for movement could be regarded as being free and not under control or properly secured.

Locks, alarms and other security measures

If buildings are to be made secure, special attention should be paid to doors, where high quality locks should be used, and windows which may need to be protected by steel grilles as well as locks. The use of padlocks, other than very high security padlocks, is questionable, as the exposed shank is frequently cut by criminals using bolt croppers. The walls of a building are not very often broken through but it is reasonably common for criminals to gain access through ceilings, particularly to get into shop premises. A burglar alarm, while not adding anything to the physical security of a premises, may well deter a criminal from trying to break in, or cause them to run away without stealing anything when the alarm sounds. Local police stations usually have a crime prevention officer who can offer very good advice on locks, alarms and other security measures.

and then work out the cost benefit analysis. With this sort of logical process it is possible to determine what is the best method of site perimeter security. It should be remembered that if employees are used as security staff then under Regulation 11 of the Management of Health and Safety at Work Regulations 1992 they must be given the appropriate health and safety training before they start work, or whenever they are exposed to a new or an increased risk.

Making it harder for the criminal to steal or damage anything

Because of the very nature of the building, construction and civil engineering industries, it is usually difficult to have a totally secure site. Because unlawful visitors will get onto site occasionally, and some employees may be dishonest, measures need to be taken to prevent criminal offences from being committed.

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There are two main areas where action can be taken to make it harder for people to steal property, namely: put it somewhere where it cannot be stolen secure it or immobilise it

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A very simple example is with scaffolding, where many companies, ever mindful of the risk of theft, paint their tubes and fittings with brightly coloured bands. It becomes immediately obvious that something is wrong, if they appear on another contractor's site. Highly visible markings may be a deterrent, but professional criminals are still prepared to steal items and then remove the markings. If a piece of plant has a serial number or any other form of identification, it should be recorded. Whenever possible, owners should stamp or engrave their own identification numbers into the metal somewhere not readily obvious to a thief.

On most sites, small, valuable hand tools and pieces of plant or equipment, will be locked in a site hut or tool store, or in a secure tool vault out on site. The storage place should be as substantial and secure as possible so that it cannot be broken into. Often high security steel freight containers are used. These have the benefit of having no windows, virtually impenetrable walls, floors and roofs and doors that are designed to be heavily locked. This is a great advantage over the average site hut which is usually a portable building with no built-in or special security features. When using this kind of storage, however, it should always be remembered that they must never be used for the storage of LPG cylinders or any other gas bottles. Instances have occurred where cylinders and gas bottles have leaked overnight, allowing the build-up of gas to explode when the container has been opened the following morning. If steel tool vaults are used out on site, make sure they cannot just be put onto a vehicle and stolen intact with their contents. Larger items of plant and equipment that cannot be put into a store should be immobilised or otherwise secured. Obviously ignition keys should be removed from vehicles and all doors locked. Immobilisation could also include smaller items being chained to larger items of plant, concrete posts or steel columns.

Construction plant and equipment

Probably more crimes are committed against plant and equipment than all other property on site. Theft of and damage to plant causes financial losses running into millions of pounds annually. The health and safety implications if the equipment is not there, or has been damaged, are that the job cannot be done properly or safely. Often shortcuts are taken and such makeshift or temporary works expose employees to risks to their health and safety; risks that would not have arisen had the plant or equipment not been stolen or damaged. It can be very difficult to identify stolen property. One of the major problems is that many people have no idea what a compressor, excavator or a back hoe loader really look like. Photographs of plant and equipment can be particularly useful when trying to describe stolen items to the police or to your insurance company, especially when they are not common or standard pieces.

Making it more difficult for the criminal to profit from their crime
This is something that can very easily be done with all property that is capable of being stolen, and is probably one of the most cost-effective areas of crime prevention.

Construction Industry Theft Scheme

The Construction Industry Theft Scheme and The Equipment Register exist to help the industry reduce the tremendous amount of plant that is stolen and not recovered each year.

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Any company with building construction or civil engineering plant can join the Register on payment of the appropriate subscription, which is linked to the amount and total value of the plant that they own, and the efficiency of data transfer, e.g. whether or not electronic transfer of data is possible. The register will record and regularly update all details, such as make, type, serial number etc. of all plant that is owned. These details are held on a computer data base. If anything is stolen, the owner tells the register who can immediately update their computer records. The police have access to the information and the scheme is fully supported by many of the leading insurance companies who actively encourage membership. If a lorry carrying plant is stopped in the middle of the night by the police, it is possible to check immediately to establish the ownership of the plant and whether it has been reported stolen. Anybody who is offered, or any member who wishes to buy, a piece of plant can ring The Equipment Register and check whether it has been previously reported stolen. Lists of all stolen equipment are regularly circulated, including to major ports where plant may be exported. Construction plant and equipment that is very clearly and visibly marked is less likely to be stolen. Equipment that is registered with The Equipment Register is more likely to be recovered if stolen. The address for The Equipment Register is: Bath and West Building Lower Bath Road Bath BA2 3EG Tel. 01225 464599

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