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Work at Height Regulations 2005

Workplace Accidents

As falls from height account for the majority of fatal and serious workplace accidents the existing regulations concerning falls at work were not considered sufficiently rigorous to deal with the known danger. As a result the Work at Height Regulations 2005 came into effect on 6th April 2005 and has placed more detailed and stringent requirements on employers and those controlling the work of others at height.

What types of Workplace Accidents are covered by the Work at Height Regulations 2005?

The Work at Height Regulations 2005 applies to all work at height where there is a risk of injury from falling. It also covers injuries from falling objects. There is not as yet any guidance on what constitutes ‘height’ but the regulation does apply at ground level and underground if a person could be injured falling from height. A fall from height can occur when a person is moving around a workplace and / or accessing a place of work at height but does not cover a fall down a flight of permanent stairs. It also does not include travelling to or from work.

There is now no distinction between an accident that occurs at height in a workplace and one that occurs on a construction site. Both are covered by this regulation.

Responsibility of Employers to avoid Workplace Accidents

There are a hierarchy of measures required of the duty holders;

• To avoid work at height where they can.
• To use work equipment or other measures to prevent falls where they cannot avoid work 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 the fall.

The Work at Height Regulations 2005 requires duty holders to properly plan and organise the work and take account of the risk assessment under the Management of Health & Safety at Work Regulations 1999. Further and significantly to ensure all those involved are trained and competent and that the equipment used is inspected and a record is kept of the inspections.

Unusually for a work regulation the weather has to be specifically considered and if the weather conditions endanger persons working at height the work has to be postponed. This well illustrates the nature of the ongoing obligation to risk assess and consider the safety of those working at height from start to finish.

The obvious risks from fragile surfaces have to be considered and avoided if possible. Precautions also have to be taken to prevent items falling and if that cannot be done steps taken to prevent a person being struck by a falling object, if needs be, by restricting access to such an area.

Employees or those working under someone else’s control do have to report any safety hazard to the duty holder and use safety equipment supplied.

Examples of Workplace Accidents which are covered by the Work at Height Regulations 2005

Specific examples;

• A shop employee using a ladder to change a light bulb is working at height.
• A building owner who engages a specialist contractor will still owe a duty to the extent of their control.
• A workman struck by debris being thrown from the roof of a building site is covered by this regulation.
• A Police Officer riding a horse is not.
• An instructor of a work’s team building climbing activity does not owe any obligations under these regulations. Sports & other adventure activities at height are specifically excluded.
• A fisherman falling into the hold of his vessel is not covered by this regulation. Most claims involving ships are not covered.

Summary of the Working at Height Regulations 2005

The schedules to the regulation provides details of specific requirements for many aspects of such work including means of access, scaffoldings, ladders / stepladders, inspections reports, working platforms and both collective and personal safety equipment.

This regulation will hopefully reduce the number of workplace accidents that occur whilst working at height but in the event an accident does occur, this regulation will make successfully claiming damages for personal injury easier than before.

Above article was written by James Murphy, Park Lane Chambers.

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