Roadside Tree Safety Management

The law on liability for trees causing harm or damage when they fall on adjacent land, particularly adjacent public roads or footpaths, has evolved and been refined through court judgements and statute over several centuries, but it is still not clear what the implications are day-to-day for the management of trees, including large woodlands or forestry. Despite the complexities, a planned,  realistic and proportionate approach is really all that is required to have a  defensible position in the event of negligence claims or, better still, to avoid harm or damage that would result in claims.

The recent revision of the National Tree Safety Group’s guidance is an opportunity for estate owners, managers, agents, contractors and others to better understand the required approach and how to put it in place.

The event will provide an examination of:

• Sources of common law liability, and the terminology used. Sources of statutory law, particularly Occupiers Liability and Health & Safety at Work and Roads (Scotland)Act. A breakdown of the constituent elements of risk – severity, target presence and likelihood of failure. What is foreseeability, how hard and how often do you need to look. Some available risk assessment systems and their efficiency/effectiveness. Who needs to look, what qualifications are required and what records need to be kept. Common sources of tree risk including ash dieback. Acting on findings or recommendations. 

• Statutory powers and enforcement in respect of dangerous roadside trees. Timber transportation and traffic management. 

• The practicalities of roadside tree work, how to carry out work cost-effectively and safely. 

The event will be held at a location near Maybole that provides a range of examples of real management situations, to focus on realistic and practical approaches to roadside tree risk and traffic management. It may be of particular interest to those who are bewildered or intimidated by law, processes and potential costs, as it aims to move logically from strict legal and technical requirements to de-mystified strategies and discussion on cost-effective implementation.

Please save the date, the programme and speakers will be announced shortly.