New work at height regulations in force

On 6 April 2005, the The Work at Height Regulations 2005 came into force, consolidating previous UK and European legislation on work at heights. The Regulations apply to any work at a height where there is a risk of a fall liable to cause injury. This includes work below ground level and at a low height. The Regulations place duties on employers, the self-employed, and any person that controls the work of others (for example facilities managers or building owners who may contract others to work at height).
 
As part of the Regulations, duty holders must ensure:
  • all work at height is properly planned and organised;
  • those involved in work at height are competent;
  • the risks from work at height are assessed and appropriate work equipment is selected and used;
  • the risks from fragile surfaces are properly controlled; and
  • equipment for work at height is properly inspected and maintained.
The HSE has determined a simple hierarchy for managing and selecting equipment for work at height. In this, duty holders must:
  • avoid work at height where they can;
  • use work equipment or other measures to prevent falls where they cannot avoid working at height; and
  • where they cannot eliminate the risk of a fall, use work equipment or other measures to minimise the distance and consequences of a fall should one occur.
In 2003/4 there were 67 fatal accidents and 4,000 major injuries resulting from falls from height at work. Falls from height are the biggest cause of workplace fatalities and one of the main causes of major injury.
 
 
According to the HSE, common factors resulting in falls from height include:
  • Failure to recognise a problem.
  • Failure to provide safe systems of work.
  • Failure to ensure that safe systems of work are followed.
  • Inadequate information, instruction, training or supervision provided.
  • Failure to use appropriate equipment;
  • Failure to provide safe plant/equipment.
The HSE's key messages on preventing falls from height are:
  • Follow good practice for work at height
  • Follow your risk assessment; plan and organise your work properly; and make sure everyone involved is competent to their level or responsibility;
  • Try to avoid the need for work at height where you can; where you can't, take steps to prevent falls; where you cannot prevent a fall then you must mitigate the risk of injury should a fall occur.
  • Always select collective measures to prevent falls (such as guardrails and working platforms) before other measures which may only mitigate the distance and consequences of a fall (such as nets or airbags) or which may only provide personal protection from a fall.
For more details, see the HSE's guidance [PDF 152kb]
 
Falls from height are a particular problem in the construction industry, where they are the main cause of injury and death. The HSE has produced a briefing on the new regulations, specific to the construction industry. This can be downloaded here (pdf, 320KB).
 
 
What about falls at 2 m or more?
 
Where the fall height is 2m or more, HSE inspectors will always expect action to be taken to prevent falls. When selecting work equipment, the expectation is that guardrails and working platforms will be used. These are always the preferred measures to protect from falls unless a risk assessment clearly identifies other equipment as providing better protection given the nature and duration of the task. There will be no dilution in existing standards for work at height above 2 m.
 
This is the one piece of guidance from the HSE where they have taken note of the concerns and position of  Unite and other unions regarding the 2 metre rule. If any Unite reps or members have evidence of any relaxation of existing standards above 2 metres as a result of the new Regulations please email us to let us know.
 
 
 
 
 
 
 
ECA, Practical alternatives to using stepladders
 
1 Dti Home Safety Network, The Stepladder User's Guide
 
 
1 TUC, Falls from height
Unite the Union