Public safety – the evolving scene David Ball ( Centre for Decision Analysis & Risk Management Middlesex University The Arboricultural Association National Amenity Arboriculture Conference 2012

2 Significant events since “Reclaiming health and safety for all: An independent review of health and safety legislation” by Professor Ragnar E. Löfstedt November 2011

3 a. The primary legislation is okay (HSWA) Key points from the Löfstedt Review All measures which are “reasonably practicable” must be implemented Cost, time, difficulty of control measure Benefit of control measure (i.e. the reduced risk)

4 b. There are issues in interpreting ‘reasonable practicability’ Key points from the Löfstedt Review Cost, time, difficulty of control measure Benefit of control measure (i.e. the reduced risk)

5 b. There are issues in interpreting ‘reasonable practicability’ Key points from the Löfstedt Review Cost, time, difficulty of control measure Benefit of control measure (i.e. the reduced risk) I regularly meet people who work in H&S who have little or even no idea of the meaning of reasonable practicability

6 c. We live in a ‘risk-based’ society (not ‘hazard-based’) Key points from the Löfstedt Review “We have also taken the opportunity to dispel any notion that we are moving away from a risk-based approach.” HSE, R2P2, p vi

7 c. We live in a ‘risk-based’ society (not ‘hazard-based’) Key points from the Löfstedt Review Hazard-based thinking That’s a hazard. Eliminate it. Risk-based thinking That’s a hazard. What’s the risk? Decide what to do. “We have also taken the opportunity to dispel any notion that we are moving away from a risk-based approach.” HSE, R2P2, p vi

8 Significant events since Publications of the National Tree Safety Group

9 Five principles: trees provide a wide variety of benefits to society trees are living organisms that naturally lose branches or fall the overall risk to human safety is extremely small tree owners have a legal duty of care a balanced and proportionate approach to safety is required

10 Chapter 1: ‘Balancing risk and benefit’ ‘Risk-benefit assessment’ Benefits of outdoor education

11 Risk-benefit assessment (RBA) Is it new? Is it controversial? Is it legal? Will it prevail?

How does RBA fit in with Risk Assessment? 12 a)Before it. Assess the benefits. Then do a conventional risk assessment b)It’s a 3-way trade-off between benefits of a thing (tree), cost of control, and benefit (risk-reduction) of control c)RBA is an acceptable form of risk assessment

“They think it’s all over” 13 Is the struggle over?

Who are the experts in RBA? 14

15 Don’t lower your guard Keep benefits of trees firmly on the agenda Too much record keeping is harmful Risk assessment is not easy. It’s hard and very uncertain Prosecuting tree owners, except in cases of gross negligence, should be condemned