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The Legal side of Choppa and Tree Surgery

Choppa Tree Services Terms and Conditions of Business
Tree protection legislation

Some trees are protected by special legislation. Specifically, a tree is protected if it:

  • is the subject of a Tree Preservation Order (TPO)
  • is situated in a Conservation Area

No work can be done on a tree that is protected by a TPO without formal consent from the local authority, If permission is granted to work by the local authority, it is likely to be conditional on the work being carried out to certain standards by a qualified tree surgeon.

The principal effect of a TPO is to prohibit the :

1. cutting down

2. uprooting

3. topping

4. lopping

5. wilful damage, or

6. wilful destruction

Nearly all trees in conservation areas are automatically protected. Before working on any tree within a Conservation Area, it is necessary to notify the local authority, usually at least six weeks in advance. This enables them to see if a tree already has a TPO or to consider whether the tree should have a TPO applied to it. If this occurs then the normal procedure for seeking permission must be followed.

Choppa Tree Services can liase with your local authority, to check whether any Tree Preservation or Conservation Orders exist. If so Choppa Tree Services can complete the relevent paperwork on your behalf before the work can begin. We will then arrange a date for the work to commence that suits you.

NPTC certificate of competence

Our Arborists also hold the relevant NPTC (National Proficiency Tests Council) competency certificates (see PUWER) and licence''s for the use of chainsaws, tree climbing and aerial rescue etc. so you can be assured we are working to nationally recognised standards.

NPTC are part of City & Guilds who offer a host of qualifications across a range of industries. There are several different qualifications for tree surgery and if your chosen Tree Surgeon does not hold any NPTC or similar qualifications then he may well be a Rouge Trader. Without holding the relevant qualifications they may not be legally allowed to even use the chainsaw, and surely will not be insured too.

If in doubt, check them out

 

 

Health and safety

Health and safety legislation is particularly relevant to the tree services industry due to the high levels of risk associated with both chainsaws and working at height. Other potential hazards include dangerous machinery like wood chippers, falling objects, loud noises, lifting heavy weights and handling petrol.

 

The Health and Safety at Work Act and the many regulations made under it cover all aspects of workplace health and safety. The following regulations are of particular relevance to tree surgeons and arborists:

  • Provision and Use of Work Equipment Regulations (PUWER). Under PUWER all workers who use chainsaws must be fully competent and most are required to hold a recognised certificate of competence. PUWER also applies to all lifting and climbing equipment used                                                                    
  • The Work at Height Regulations. These cover all work done at height where there is a risk of falling that could cause personal injury. The Regulations place very specific duties on both employers and self-employed workers to make sure that all necessary safety precautions are taken when people are working at or above a certain height                                                                                          
  • Lifting Operations and Lifting Equipment Regulations (LOLER). The Lifting Operations and Lifting Equipment Regulations came into force in 1998. They cover all operations and equipment which involve lifting people and goods at work                                                                                                                                                                                          
  • The Management of Health and Safety at Work Regulations. These require all risks to health and safety in the workplace to be assessed                           
  • Manual Handling Operations Regulations                      
  • Personal Protective Equipment at Work Regulations

The list above is by no means exhaustive.

Full details and guidance notes are available on the Health and Safety Executive (HSE) website and from your local authority environmental health department.

The Wildlife and Countryside Act 1981

The Wildlife and Countryside Act 1981 is the primary legislation which protects animals, plants, and certain habitats in the UK.



 

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