Open Access Land
First Hydro Company accept the need to provide a duty of care where there are risks against which, we might reasonably be expected to offer protection. This duty does not extend to people who willingly accept risks, such as hikers and climbers. However, we do need to consider the situation very carefully to comply with the law and decide what might be reasonably expected of us to safeguard the public while they are on our land.
This will be achieved by taking account of public access in the risk assessment for First Hydro Company business. The risks associated with specific work tasks on our land will be assessed on an individual basis.
Under the new ‘Countryside & Rights of Way Act 2000’ First Hydro Company have no duty of care in respect of risks that arise from natural features, rivers, streams, ponds, cliffs, ditches, or misuse of walls, fences or gates on their land, unless they deliberately created the risk or recklessly allowed it to arise.