Even a mechanically perfect tree can be vulnerable to failure caused by extreme events. Any injury or damage caused is likely to be the responsibility of the owner of the land on which the tree stands. To assist in managing these responsibilities, ADAS has developed a tree risk management system.
Owners of trees have duties under both criminal and civil law to take reasonably practicable measures to manage the risk from failing trees.
The risks from trees are relatively small, estimated at 1 in 10 million. The risk appears bigger than it really is, due to the potential damage to property or loss of life that can occur; which raises public concern and escalates media interest following such an incident. Landowners run the risk of facing criminal charges or litigation as shown by the unfortunate death of Timothy Sutton in 2005, who was killed by a beech tree at Dunham Massey on New Years Day. After a lengthy investigation, the police and the Health and Safety Executive (HSE) concluded that there was no prospect of a successful prosecution against the National Trust. The robust tree risk management system used by the National Trust was likely a factor in this conclusion.
To avoid prosecution or civil proceedings, a landowner should have a system in place outlining their approach to the assessment of tree risk and management. ADAS has developed a tree risk management system which empowers the landowner to retain control of managing the risk on their own site. The policy is reinforced by experts in the fields of tree risk and health & safety, should you need to call upon these resources.
Sites vary in size, use, tree quantity, age and condition. All these factors influence tree risk, meaning that each site will need a different approach to tree risk management. For example, a high use site with many ageing trees will need a more intensive approach than a site with younger trees and less usage. The ADAS approach tailors the management system to the requirements of each landowner.
This management system has been developed using the extensive experience of the ADAS Group Health & Safety Manager, David Knowles. David is experienced in the provision of H&S management advice, training and audit in many areas including agriculture/horticulture, estate management and visitor safety. David has also provided HSE with independent advice and worked as a consultant to DEFRA.
The legislation around risk management is complicated and open to interpretation. It can be very difficult for tree owners to know what measures to implement without going to expensive and destructive extremes, such as surveying every tree on site, or adopting the ‘no tree is a safe tree’ policy.
ADAS provides a bespoke Tree Risk Management System, which can include a robust policy document that interprets civil, criminal and health and safety law. The system will also focus on utilising existing site staff to carry out the day-to-day monitoring, once they have received basic training. ADAS arboricultural consultants can also conduct a baseline survey of the trees on site to guide the development of the management system. This provides a reasonable and practicable balanced approach between the risk that trees pose and the resource available to manage that risk.
For more information, please contact:
North - Ian Braddock at ian.braddock@adas.co.uk or call 01772 703070
Midlands - Rob Davidson at rob.davidson@adas.co.uk or call 01608 665022
South - Richard Harris at richard.harris@adas.co.uk or call 01903 206853