Claus, also known as Father Christmas, delivers presents to the
nation's children by landing a sleigh on the roofs of houses and
climbing down chimneys to deliver sack-loads of gifts. He is
understood to use letterboxes for entry to houses without
chimneys.
Health and safety law expert Fiona Clarke of Pinsent Masons, the
law firm behind OUT-LAW.COM, said that he could well be in breach
of the law.
"Santa's yuletide operations clearly come within the Work at
Height Regulations 2005," said Clarke. "Working at height should be
avoided where possible, but if it is absolutely necessary then
Santa should at least make sure his sleigh has guardrails to
prevent a fall and a fall arrest system installed so that if he
does fall he is protected."
Those whom Claus visits also have obligations though, warned
Clarke. "Householders should be aware of occupiers' liability – if
Santa is coming to your home then you have a duty to take
reasonable steps to make sure he is not injured," she said. "Make
sure your roof is safe and that the chimney is clear so that he
doesn't injure himself on the way down."
Concern has also been raised at Claus's brandy intake, which
switches to whisky in Scotland. Claus visits houses on a
nine-reindeer sleigh which flies through the air, despite the
ingestion of a glass of spirits in each of the UK's 25 million
households in one evening.
"The alcohol restrictions are the same for every pilot whether
you are flying a light aircraft or a 747," a spokesman for the
Civil Aviation Authority (CAA) told OUT-LAW.COM. "It is 20
milligrams per 100 millilitres of blood, which is nothing,
basically, a trace. One brandy probably would put you over that
limit."
"These are the rules for pilots in the UK, every country has its
own and Lapland may have different requirements," said the
spokesman.
There are also flying height restrictions which Claus is in
clear breach of. Aircraft must not fly lower than 1,000 feet in
major conurbations, according to the CAA. Claus consistently does
this as he flits from roof to roof.
