From GPG

If people are to enjoy using rights of way they must feel safe. There is much that can be done to increase the sense of safety and security of users, including improving lighting and providing safe means of crossing roads and railways.

People working on rights of way must also be safe (see advice on working on military sites.

Recent changes in legislation have given some authorities the powers to close off rights of way in urban areas where they are known to facilitate crime. This approach, known as alleygating, is often welcomed by local residents but is not universally popular. In addition rights of way may be temporarily closed during events - see events and closures.

Safety for rights of way users

The Health and Safety Executive (HSE) published guidance on Cattle and Public Access. The document is in two versions, one relating to England and Wales and the other to Scotland.

The document describes the major potential hazards to workers or to members of the public associated with keeping cattle, including bulls, in fields where the public has access in England and Wales. It suggests reasonably practical ways of controlling those hazards for walkers.

They also issued the following advice on electric fences. Whilst the letter specifically addresses fencing the points made on responsibilities of landowners are relevant to a broad range of activities.

There are no specific health and safety regulations that detail the safety requirements for electric fences. However, the employer would have a general duty of care towards members of the public under section 3 of the Health and Safety at Work Etc. Act 1974. Section 3 only sets down a general goal - it is not specific. It states:

1. 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 affected thereby are not thereby exposed to risks to their health or safety.
2. It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected are not thereby exposed to risks to their health or safety.
3. In such cases as may be prescribed, it shall be the duty of every employer and every self-employed person, in the prescribed circumstances and in the prescribed manner, to give to persons (not being his employees) who may be affected by the way in which he conducts his undertaking the prescribed information about such aspects of the way in which he conducts his undertaking as might affect their health or safety.

Further to this duty the employer would need to carry out risk assessments. Risk assessments are a legal requirement under the Management of Health and Safety at Work Regulations 1999. Regulation 3 stipulates that:

• Every employer shall make a suitable and sufficient assessment of:
• (a) the risks to the health and safety of his employees to which they are exposed whilst they are at work; and
• (b) the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking.

The Approved Code of Practice goes on to say:

This regulation requires all employers and self-employed people to assess the risks to workers and any others who may be affected by their work or business. This will enable them to identify the measures they need to take to comply with health and safety law. All employers should carry out a systematic general examination of the effect of their undertaking, their work activities and the condition of the premises. Those who employ five or more employees should record the significant findings of that risk assessment.

A risk assessment is carried out to identify the risks to health and safety to any person arising out of, or in connection with, work or the conduct of their undertaking. It should identify how the risks arise and how they impact on those affected. This information is needed to make decisions on how to manage those risks so that the decisions are made in an informed, rational and structured manner, and the action taken is proportionate.

A risk assessment should usually involve identifying the hazards present in any working environment or arising out of commercial activities and work activities, and evaluating the extent of the risks involved, taking into account existing precautions and their effectiveness. In this approved code of practice:

• (a) a hazard is something with the potential to cause harm (this can include articles, substances, plant or machines, methods of work, the working environment and other aspects of work organisation);
• (b) a risk is the likelihood of potential harm from that hazard being realised. The extent of the risk will depend on:
• (i) the likelihood of that harm occurring;
• (ii) the potential severity of that harm, i.e. of any resultant injury or adverse health effect; and
• (iii) the population which might be affected by the hazard, i.e. the number of people who might be exposed.

Although there is no specific guidance on electric fences the information contained in the publication entitled 'Protecting the public : your next move' may be of some use. This states:

SECURITY PRECAUTIONS - Many of the precautions taken to prevent access will improve site security. However, the use and location of extra 'security-only' measures such as barbed wire or razor wire need careful consideration. Accidental contact needs to be prevented. Therefore, the use of security wire should usually be restricted to around internal compound fences at a height in excess of 2 metres. Where it is used around the perimeter, provide warning signs to make sure people know it is there. Other security precautions, including surveillance equipment such as closed circuit TV and infra-red systems, are useful deterrents. For advice on site security and how to prevent trespass, contact the local police crime prevention officer.

Bees

A recent enquiry about how close a beehive can be to right of way has yet to be answered fully but the advice contained above is relevant in that it points out the landowner's responsibility to :

• conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons who may be affected are not thereby exposed to risks to their health or safety.

also to

• Make a suitable and sufficient assessment of the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking.

If you need further advice try HSE or the British Bee Keepers Association

Use of Motor Vehicles

Red Rose Forest made a comprehensive study on the Illegal Use of Off Road Motorbikes in England.

See the summary report or the full report is available from the Red Rose Forest website.