03/11/2025
Latest update from the Health and Safety Inspectorate
Managing the risks associated with diseased or storm damaged trees
30 October 2025
Trees enhance and protect biodiversity and improve human well-being and are an important element of our enjoyment of Jersey’s landscape.
Following recent news about the presence of several tree diseases in Jersey, alongside the ongoing risk of damage to and the felling of trees in high winds, the Health and Safety Inspectorate (HSI) reminds all dutyholders of the need for programmes of active management and monitoring of trees where they sit inside workplace boundaries and curtilages.
The presence of diseases, which can compromise the health of trees, makes them more prone to storm damage or felling. Where trees border roads or pavements or where they are in parks or near rights of way, diseased trees can pose a risk to the safety of drivers, cyclists or pedestrians from falling branches or trunks, especially after storms. In the UK, falling branches or trees kill about six people a year.
Due to this known and foreseeable risk, albeit of a low level overall, dutyholders who have trees on their land, are required to have a suitable and sufficient system of monitoring and management of their condition. This is part of wider duties under Articles 3, 5 and 6 of the Health and Safety at Work (Jersey) Law, 1989 dutyholders include:
farmers
Parishes
the Government
estate owners
owners of golf courses
persons exercising control over non-domestic properties with trees in their boundaries
What is required?
Employers and persons carrying out undertakings or in control of premises all have duties under the Health and Safety at Work (Jersey) Law, 1989. There is the duty to do all that is reasonably practicable to ensure that people are not exposed to risk to their health and safety.
Doing all that is reasonably practicable does not mean that all trees have to be individually examined on a regular basis. A decision has to be taken on what is reasonable in the circumstances and this will include consideration of the risks to which people may be exposed. Around half of all fatalities due to falling trees or branches occur in public spaces, such as a park or beside roads.
Where injury or death occurs from falling trees or tree limbs, and where there is an absence of a suitable system of tree management, dutyholders can face enforcement action.
An effective system for managing trees is likely to include the following:
an overall assessment of risks: identifying groups of trees by their position and degree of public access. This will enable the risks associated with tree stocks to be prioritised and help identify any checks or inspections needed
utilising approaches to managing the risks from trees that involve 'zoning' trees according to the risk of them falling and causing serious injury or death. As a minimum, trees should be divided into two zones:
Zone One where there is frequent public access to trees (e.g. parks/ recreation grounds, in and around picnic areas, schools, children's playgrounds, popular foot paths, car parks, or at the side of busy roads). As a rough guide trees in Zone One are those that are closely approached by many people every day
Zone Two where trees are not subject to frequent public access
in most cases individual records for trees are unlikely to be necessary if zones and the trees in the zones are clearly defined. Maps may be useful here
for trees in a frequently visited zone, a system for periodic, proactive checks is appropriate. This should involve a quick visual check for obvious signs that a tree is likely to be unstable and be carried out by a person with a working knowledge of trees and their defects, but who need not be an arboriculture specialist. Informing staff who work in parks or highways what to look for would normally be enough
any system that is put in place for managing tree safety should be properly applied and monitored, including:
a short record of when an area or zone or occasionally an individual tree has been checked or inspected with details of any defects found and action taken
a system for obtaining specialist assistance/ remedial action when a check reveals defects outside the experience and knowledge of the person carrying out the check
a system to enable people to report damage, such as vehicle collisions, and to trigger checks following potentially damaging activities such as work by the utilities in the vicinity of trees or severe gales
procedures for ensuring the safety of the public during high winds, for example, where practicable by closing or restricting access to parks and gardens or footpaths
monitoring to ensure that the arrangements are implemented in practice
occasionally a dutyholder may have responsibility for trees that have, for example, serious structural faults but which they decide to retain. Where such a condition is suspected and the tree also poses a potentially serious risk because, for example, its proximity to an area of high public use, a specific assessment for that tree and specific management measures, are likely to be appropriate
once a tree has been identified by a check to present an increased risk, action should be planned and taken to manage the risk. Any work required should be carried out by a competent arboriculturist as there is a relatively high risk to the workers involved
inspection of individual trees will only be necessary where, for example, it is in, or adjacent to, an area of high public use, has structural faults that are likely to make it unstable and a decision has been made to retain the tree with these faults
Further Guidance
UK National Tree Safety Group (NTSG)
Common sense risk management of trees :NTSG
The Jersey Tree Strategy 2022
For the links and to read:
Practical advice for actively managing and monitoring the condition of trees to ensure public safety
