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Responsibility for hazards on footpaths

Who is responsible for controlling hazards on footpaths?

It depends on whether the footpath is a place of work in terms of the Health and Safety in Employment (HSE) Act. If a hazard, such as an excavation or an uncovered manhole, is the result of work being carried out on the footpath - then the person in control of the work has a duty to take all practicable steps to ensure that people using the footpath are not harmed. Measures such as barricading the excavation or manhole and posting warning signs need to be taken.

Other hazards to pedestrians may not be due to work activities, such as tripping or slipping hazards, e.g. uneven pavement slabs; slippery surfaces; uncovered storm-water drains. These are the responsibility of the the local City or District Council and concerns about safety should be raised with that council. If a manhole on a footpath is causing a slipping, tripping or falling hazard, the manhole's owner is responsible for that hazard. The owner may be the council or a utility operator, and any safety concerns should be raised with the party concerned.

If a hazard to pedestrians is posed by objects on the footpath, e.g. vehicles, rubbish skips, advertising billboards etc. the best course of action is to raise the matter with the owner of the item, and if that doesn't bring satisfaction, the council.
 

Date Modified: Tuesday, September 01, 2009

Disclaimer: The content on this website covers common problems. It will not answer every question and should not be used as a substitute for legislation or legal advice. State sector employers and employees may be affected by some differences in the laws that apply to them (e.g. State Sector Act 1988). The Department of Labour takes no responsibility for the results of any actions taken on the basis of information on this website, nor for any errors or omissions.