Tree Work Regulations and HSE
Working to safe and professional standards
In order to run a team of tree surgeons, there are professional standards and regulations that it is my responsibility to adhere too. In this article, I will attempt to summarize some of the most important regulations in our industry, and the guidelines we follow. Complying with these regulations and laws is not only mandatory for insurance purposes, in following industry and HSE guidance we learn to create a culture in the team where everyone is proud of what they do, and goes home each day safe and satisfied!
It is your right as a client, to request to see evidence that I am compliant with industry guidelines and regulations. That could be an inspection of my LOLER records that make sure my climbing gear is safe, or my insurance schedule, to make sure if there is any accidental damage to people or property, we are correctly and thoroughly protected. All of these things add up to quite a significant running cost as I’m sure you can imagine, even for a small team like mine.
Here are some of the guidelines I have to follow on a daily basis, to make sure I’m keeping my team, equipment, work site and the public safe.
BS3998:2010 – Our Legislation as Professional Tree Surgeons
The difference between someone with a chainsaw and a rope, and a professional tree surgeon, can be ascertained in part by their knowledge and willingness to follow the industry recommendations detailed in BS3998:2010. The Arboricultural Association are our accredited body for professional tree inspectors, and arborists, with their technical guides providing the backbone reference for current industry best practices for tree surgeons. In order to be insured for what we do, we must hold in date certifications for the tasks we perform, showing proof that we are trained with the latest industry knowledge.
I will be penning another blog post soon which will go into the legislation a bit deeper, and explain some of the terms we use for planning applications and such like.
HSWA 1974
Health and Safety at Work etc Act 1974 stipulates the responsibilities I have as an employer to provide a safe working environment for my employees, worksites and the public. These regulations are particularly relevant to what we do, it’s a potentially very dangerous job in many respects, working at height, working with chainsaws at height etc... I take these responsibilities very seriously, not only investing thousands of pounds a year in insurance, PPE, plant servicing, but also making sure our jobs are fully risk assessed with appropriate method statements for all our tasks, on site or in the yard/office.
Its quite a lot of work behind the scenes, for a typical one day on site, there will be at least 2 hours of tool maintenance, and sometimes several hours of paperwork. I don’t enjoy this side of the business, I would much rather just swing around with a chainsaw in my hands all day every day, but…
We pay particular attention to HSWA 1974 when working near roads and public areas also. If there is any risk of the work area encroaching onto a public area or highway, we must ensure appropriate action is taken. Either involving traffic management or closing off our work areas with barriers at appropriate safe distances.
LOLER
Because the majority of the work of a tree surgeon performs happens at heights of more than 4m, all our PPE and rigging equipment (personal protective equipment) must meet the LOLER (Lifting Operations and Lifting Equipment Regulations 1998) standards.
For climbing equipment, this means on top of daily checks, all equipment must be examined periodically, and independently every 6 months. Ropes and textile slings, harnesses have around a 3-5yr lifespan, with carabiners and other metal gear more like 10+ years.
For rigging equipment, its slightly different, but no less thorogh. The independent examination is every 12 months, however in experience, heavy rigging gear, especially textile slings and strops are replaced after each job due to the forces they take! Rigging kit is considered a consumable for the purposes of accounting…
Ladders also come under LOLER regulations, and must again have a service and inspection plan for professional use.
PUWER
We use a whole array of potentially dangerous tools, so making sure they are in good, safe, working order is of primary importance to running a crew of tree surgeons. To comply with PUWER (The Provision and Use of Work Equipment regulations 1998) , on top of on site sharpening and small engine maintenance, all our equipment is inspected weekly, with an annual service plan for all our plant and power tools, from chainsaws, to stump grinders and chippers, to vehicles and trailers.
We are very lucky to have the talented services offered by Comrie Garden Machinery to help with this just down the road!
NPTC / LANTRA
The official certificating bodies for tree surgeons and climbers. All our tasks are performed by properly trained and competent team members. Chainsaw use, aerial rescue, chainsaw use from a rope and harness, etc.
Holding an in date certificate tells me as an employer, and you as a client, that the person has been trained to current industry best practices. These courses are not cheap and are independently assessed, essential to prove a base of understanding and minimum level of competency. You have to really want to do what we do, they don’t make it easy!
Emergency First Aid (Forestry)
This is a gold standard certification everyone should have, especially those working in a high consequence industry like arboriculture. The Emergency First Aid + F certification is a minimum standard for all our crew, with the +F part emphasizing traumatic injuries and bleeds.
Injuries from chainsaws are sadly still very common in our industry, so knowing what to do in the case of accident is an essential skill.
Wildlife and Ecology
Disturbing bird’s nests, bat roosts are a real risk when pruning or felling. I have been caught out several times over the years with encountering nests that weren’t visibly from the ground during inspection. We simply have to stop the job in that case! It is a criminal offence to disturb any active nests.
It is my responsibility as a tree surgeon contractor to make sure we complete appropriate risk assessments to make sure we don’t cause unwanted ecological impact.
There are official ways to protect trees, such as applying to have a TPO (tree protection order) placed through the council. Any work on a tree with a TPO (or one in a conservation area) required a planning application, and must be approved by our local tree enforcement officer. There are significant fines for the contractor and client if any tree work happens without going through planning, so its obviously something I take very seriously!
It's actually a very easy process with the right help, but does take some planning. From receipt of application, it can take up to six weeks before we can perform any work, depending on their workload.
In my next blog post, I will go into a bit more detail about the current planning process for tree work in Scotland. Thanks (and well done) for reading!