The Occupational Health and Safety Act 2004 requires, amongst other things, that a person who has management or control of a workplace, such as a builder with management or control of a construction site, ensures, so far as is reasonably practicable, that the workplace and the means for entering and leaving it are safe and without risks to health.

This general duty applies even when work is not taking place, such as outside of working hours. It also extends to members of the public, who may enter an unoccupied construction site, exposing them to serious health and safety risks.

The principles of health and safety protection require that members of the public, along with employees and other persons at work, are given the highest level of protection against risks to their health and safety that is reasonably practicable in the circumstances.

When assessing risks to the public, employers should consider the possibility of children entering an unoccupied construction site. Employers should note that risks may increase when the site is located near:

a school, including a route travelled by children to and from school
parks or recreational areas
built up areas

Construction site security fencing