22 April 2016
During the first quarter of 2016 the Health and Safety Inspectorate (HSI) carried out a targeted initiative of arboriculture contractors. This was in response to a number of concerns received by the HSI regarding the competency of persons undertaking aerial tree work and lack of provisions for aerial rescue.
Aerial tree work
Aerial tree work involves being suspended at height by ropes and harnesses when operating chainsaws. It is considered a high-risk activity. Operatives may be required to work:
- in areas frequented by the public
- in areas close to the highway
- in remote areas with difficult terrain
- in all weathers
Unsafe working practices can result in serious, or fatal, injury to both the operatives involved and others in the vicinity.
All contractors known, or suspected, to be carrying out aerial tree work in the Island (18 in total) were contacted and those who confirmed they did carry out such work were visited. These contractors varied in size and included employers and those who were self-employed.
The aim of the initiative was to ensure:
- valid training certificates (including refresher training) and/or relevant Certificates of Competence were held for all employees who carried out the following activities:
- use of chainsaws, in particular aerial cutting of trees using a rope and harness
- tree climbing
- aerial rescue
- all aerial work carried out included provision for a suitably trained rescue climber to be available on site at all times
- Personal Protective Equipment (PPE) worn by operatives using chainsaws complied with the appropriate standards, including protective clothing providing a consistent level of resistance to chainsaw cut through
- a valid Employers Liability Insurance policy, which covered the specific working activities being undertaken, was available
Legal Requirements
Article 3 of the Health and Safety at Work (Jersey) Law 1989 (HSW Law), places a general duty on employers to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees. This extends to the provision of suitable information, instruction and training, as is necessary, to ensure the safety of their employees.
Article 5 of the HSW Law places a duty on employers and the self-employed to conduct their undertaking in such a way to ensure, so far as is reasonably practicable, that they, and others who may be affected by the work, are not exposed to risks to their health and safety. This would include themselves, persons assisting them to carry out aerial tree work and others including members of the public.
The Employers’ Liability (Compulsory Insurance)(Jersey) Law 1973, requires that all employers conducting a business in Jersey hold adequate insurance against liability for injury sustained by their employees in the course of their employment, and be specific to the type of work they carry out.
Outcome of initiative
Provision of training
Although all contractors involved with aerial work who were visited could provide evidence of receiving appropriate training in the past, the majority of this had taken place up to 9 years previously. Most contractors had no plans to refresh the training in the near future.
To illustrate the minimum standards required to meet the general requirements imposed by the HSW Law in respect of training and on-going competency for this high risk work, reference was made to established authoritative standards. This Included guidance published by the UK Health and Safety Executive (HSE) and the recognised industry body, the Forest Industry Safety Accord (FISA).
- HSE guidance INDG 317: ‘Chainsaws at work’; AFAG401: ‘Tree climbing operations’ and AFAG402: ‘Aerial tree rescue’
- FISA ‘Safety Guide 805’ Training and Certification
These highlight the need to:
- update and refresh training to ensure proficiency doesn’t lapse
- maintain an up to date knowledge of standards
- be aware of new techniques and standards of best practice
For most machinery operations, including chainsaw and aerial work, it is recommended that refresher training takes place at least every 5 years.
Personal Protective Equipment (PPE)
All the PPE observed during the visits complied with the appropriate standards.
The provision of PPE is considered the last measure to control risks when all other methods to reduce or eliminate the likelihood of an injury have been exhausted. When using chainsaws off the ground, the PPE listed below must comply with the relevant standard due to the seriousness of potential injuries.
- Safety helmet: EN 12492 a mountaineering style is recommended for tree climbing operations
- Hearing protection: EN 352
- Eye protection: Mesh visors to EN1731 or safety glasses to EN 166
- Leg and groin protection: EN 381-5 type C all round protection is recommended, however Type A front only protection can be worn to reduce effects of heat stress if appropriately assessed
- Chainsaw boots: BS EN ISO 17249
Employers' Liability Insurance Certificate
At the time of the visits, all employers carrying out aerial tree work held valid Employers' Liability Insurance for the type of work they were undertaking.
Action taken
Where a contractor was found to be carrying out aerial work without having received appropriate training in accordance with the industry best practice, ie within the past five years, an Improvement Notice was served.
A total of 21 Improvement Notices were served:
- 10 relating to a requirement to provide training in the use of chainsaws for aerial tree work
- 11 relating to the requirement for training in aerial rescue
The action taken will assist tree workers maintain a level of competency and proficiency proportionate to the high risks associated with aerial work, achieve a common standard which meets industry best practice and help ensure compliance with their legal duties under the HSW Law.
Further Guidance
Aerial tree work on the HSE UK website
Forest Industry Safety Accord (FISA) website
Personal protective equipment (PPE)
Employers' liability insurance
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