Height
Safety, Health and Welfare at Work (General Application) Regulations
Part 4
Work at Height
Interpretation for Part 4.
94. (1) In this Part:
“access” and “egress” include ascent and descent;
“fragile surface” means a surface, including fittings, that would be liable to fail if a person’s weight were to be applied to it in reasonably foreseeable circumstances;
“ladder” includes a fixed ladder and a stepladder;
“line” includes rope, chain or webbing;
“personal fall protection system” means—
(a) a fall prevention, work restraint, work positioning, fall arrest or rescue system, other than a system in which the only safeguards are collective safeguards, or
(b) rope access and positioning techniques;
“scaffold” means any temporary structure, including its supporting components, whether fixed, suspended or mobile, that is used—
(a) for supporting employees and materials, or
(b) to gain access to any structure,
and includes a working platform, a working stage, a gangway, a run and a ladder or step-ladder (other than an independent ladder or step-ladder that does not form part of such a structure), together with any guard-rail, toe-board or other such safeguard and all fixings thereon, but does not include—
(i) lifting equipment, or
(ii) a structure used only to support another structure or equipment (including lifting equipment),
and “scaffolding” shall be construed accordingly;
“supporting structure” means any structure used for the purpose of supporting a working platform and includes any plant used for that purpose;
“work at height” means work in any place, including a place—
(a) in the course of obtaining access to or egress from any place, except by a staircase in a permanent place of work, or
(b) at or below ground level,
from which, if measures required by this Part were not taken, an employee could fall a distance liable to cause personal injury and any reference to carrying out work at height includes obtaining access to or egress from such place while at work;
“work equipment” means any machine, appliance, apparatus, tool or installation for use at work (whether exclusively or not) and includes anything to which Regulations 101 to 114 apply;
“working platform” means any platform used as a place of work or as a means of access to or egress from a place of work, including any scaffold, suspended scaffold, cradle, mobile platform, trestle, gangway, gantry and stairway that is so used.
(2) Any reference in this Part to the keeping of a copy of a report or plan includes reference to it being kept in a form in which it is—
(a) capable of being reproduced as a printed copy when required, and
(b) secure from loss or unauthorised interference.
Organisation, planning and risk assessment.
95. (1) An employer shall ensure that—
(a) work at height is properly planned, appropriately supervised and carried out in a manner that is, so far as is reasonably practicable, safe and without risk to health and
(b) in planning work at height—
(i) the selection of work equipment is in accordance with Regulation 100,
(ii) an appropriate risk assessment and safety statement pursuant to sections 19 and 20 of the Act are prepared, and
(iii) a plan is prepared for emergencies and rescues, without prejudice to section 11 of the Act.
(2) In identifying measures to comply with this Part, an employer shall take account of the risk assessment.
Checking of places of work at height.
96. An employer shall ensure that the surface and every parapet, permanent rail or other such fall protection measure at every place of work at height are checked visually prior to use and at appropriate intervals during use.
Weather conditions.
97. An employer shall ensure that work at height is carried out only when weather conditions do not place the safety and health of employees at risk.
Avoidance of risks from work at height.
98. Taking account of the general principles of prevention in Schedule 3 to the Act, an employer shall—
(a) ensure that work is not carried out at height where it is reasonably practicable to carry out the work safely and without risk to health otherwise than at height,
(b) without prejudice to the generality of paragraph (a), ensure that work is not carried out at height unless it is reasonably practicable to do so safely and without risk to health,
(c) where, having regard to paragraphs (a) and (b), it is necessary to carry out work at height, take suitable and sufficient measures to prevent an employee falling a distance liable to cause personal injury, including—
(i) ensuring that the work is carried out—
(I) from an existing place of work, or
(II) in the case of obtaining access or egress, by using an existing means of access or egress,
in compliance with this Part, where it is practicable to do so safely and under appropriate ergonomic conditions, and
(ii) where it is not practicable for the work to be carried out in accordance with subparagraph (i), ensuring that suitable and sufficient work equipment, in compliance with Regulation 100, is provided to prevent a fall occurring,
(d) where the measures taken under paragraph (c) do not eliminate the risk of a fall occurring—
(i) provide sufficient work equipment, in compliance with Regulation 100, to minimise the distance of a potential fall and the risk of personal injury, and
(ii) without prejudice to the generality of paragraph (c), provide such additional training and instruction or take other additional suitable and sufficient measures to prevent, so far as is practicable, any employee falling a distance liable to cause personal injury.
Protection of places of work at height.
99. An employer shall ensure that a place of work, or means of access or egress thereto, at which work at height is, or is to be, carried on—
(a) is stable and of sufficient strength and rigidity for the purpose for which it is intended to be or is being used,
(b) where applicable, rests on a stable, sufficiently strong surface,
(c) is of sufficient dimensions to permit the safe passage of employees and the safe use of any plant or materials required to be used and provide a safe working area having regard to the work to be carried out there,
(d) is provided with suitable and sufficient edge protection,
(e) possesses a surface that has no gap—
(i) through which an employee could fall,
(ii) through which any material or object could fall and injure an employee, or
(iii) giving rise to other risk of injury to any employee, unless measures have been taken to ensure that no employee could be so injured,
(f) is so constructed, used and maintained in such condition as to prevent, so far as is reasonably practicable—
(i) the risk of slipping or tripping, or
(ii) any employee being caught between it and any adjacent structure, and
(g) where it has moving parts, is prevented by appropriate devices from moving inadvertently during work at height.
Selection of work equipment for work at height.
100. An employer shall—
(a) in selecting work equipment for use in work at height—
(i) give collective protection measures priority over personal protection measures, and
(ii) take account of the following:
(I) the working conditions and the risks to the safety and health of employees at the place where the work equipment is to be used;
(II) in the case of work equipment for access and egress, the distance and height to be negotiated;
(III) the distance of a potential fall and the risk of personal injury;
(IV) the duration and frequency of use of the equipment;
(V) the need for easy and timely evacuation and rescue in an emergency;
(VI) any additional risk posed by the use, installation or removal of that work equipment or by evacuation and rescue from it;
(VII) the other requirements of this Part, and
(b) select work equipment for work at height that—
(i) has characteristics, including dimensions, that are appropriate to the nature of the work to be performed and the foreseeable loadings,
(ii) allows safe passage, and
(iii) in other respects, is the most suitable work equipment, having regard in particular to Regulation 98.
Condition of surfaces for supporting structures.
101. An employer shall ensure that a surface upon which any supporting structure rests is stable, of sufficient strength and of suitable composition to support safely the supporting structure, the working platform and any loading intended to be placed on the working platform.
Stability of supporting structure.
102. An employer shall ensure that a supporting structure is—
(a) suitable and of sufficient strength and rigidity for the purpose for which it is being used,
(b) in the case of a mobile structure, prevented by appropriate devices from moving inadvertently during work at height,
(c) in a case other than a mobile structure, prevented from slipping by secure attachment to the bearing surface or to another structure, by provision of an effective anti-slip device, or by other means of equivalent effectiveness,
(c) stable while being erected, used and dismantled, and
(d) when altered or modified, so altered or modified as to ensure that it remains stable.
Guard-rails, toe-boards, barriers, etc.
103. (1) A reference in this Regulation to a means of protection is to a guard-rail, toe-board barrier or other similar means of protection.
(2) An employer shall ensure that a means of protection is—
(a) of sufficient dimensions, strength and rigidity for the purposes for which it is being used and is otherwise suitable,
(b) so placed, secured and used as to ensure, so far as is practicable, that it does not become accidentally displaced,
(c) so placed as to prevent, so far as is practicable, the fall of any employee, or any material or object from any place of work,
(d) in relation to work at height involved in construction work such that—
(i) the top guard-rail or other similar means of protection is at least 950 mm above the edge from which any employee is liable to fall,
(ii) toe-boards provided are suitable and sufficient to prevent the fall of any employee, or any material or object, from any place of work, and
(iii) any intermediate guard-rail or similar means of protection is positioned so that any gap between it and other means of protection does not exceed 470 mm.
(3) An employer shall ensure that—
(a) any structure or part of a structure that supports a means of protection, or to which a means of protection is attached, is of sufficient strength and suitable for the purpose of that support or attachment,
(b) subject to paragraph (2)(d), there is not a lateral opening in a means of protection other than at a point of access to a ladder or stairway where an opening is necessary,
(c) a means of protection may be removed only for the time, and to the extent necessary, to gain access or egress, or for the performance of a particular task, and is replaced as soon as practicable, and
(d) the particular task is not performed while the means of protection is removed, unless effective compensatory safety measures are in place.
Stability of working platforms.
104. An employer shall ensure that a working platform is—
(a) suitable and of sufficient strength and rigidity for the purpose for which it is intended to be used or is being used,
(b) so erected and used as to ensure that its components do not become accidentally displaced so as to endanger any employee,
(c) when altered or modified, so altered or modified as to ensure that it remains stable,
(d) where it has moving parts, prevented by appropriate devices from moving inadvertently during work at height, and
(e) dismantled in such a way as to prevent accidental displacement.
Safety on working platforms.
105. An employer shall ensure that a working platform—
(a) is of sufficient dimensions to permit the safe passage of employees and the safe use of any plant or materials required to be used, and provides a safe working area having regard to the work being carried out there,
(b) possesses a suitable surface and, in particular, is so constructed that the surface of the working platform has no gap—
(i) through which an employee could fall,
(ii) through which any material or object could fall and injure an employee, or
(iii) giving rise to other risk of injury to any employee, unless measures have been taken to ensure that no employee could be so injured, and
(c) is so erected and used, and maintained in such condition, as to prevent, so far as is reasonably practicable—
(i) the risk of slipping or tripping, or
(ii) any employee being caught between the working platform and any adjacent structure.
Loading of working platform and supporting structures.
106. An employer shall ensure that a working platform or a supporting structure is not so loaded as to give rise to a risk of collapse or to any deformation that could affect its safe use.
Scaffolding, additional requirements.
107. An employer shall ensure that—
(a) every scaffold and every part of it is of good design and construction, composed of suitable and sound material and is of adequate strength for the purpose for which it is used or intended to be used,
(b) strength and stability calculations for scaffolding are carried out unless—
(i) a record of the calculations covering the structural arrangements contemplated is available, or
(ii) it is assembled in conformity with a generally recognised standard configuration,
(c) depending on the complexity of the scaffolding selected, an assembly, use and dismantling plan is drawn up by a competent person, which plan may be in the form of a standard plan supplemented by information on the scaffolding in question,
(d) a copy of the plan referred to in paragraph (c), including any instructions it may contain, is kept available for the use of persons concerned in the assembly, use dismantling or alteration of scaffolding until it has been dismantled,
(e) the dimensions, form and layout of scaffolding decks are appropriate to the nature of the work to be performed, suitable for the loads to be carried and permit work and passage in safety,
(f) while a scaffold is not available for use, including during its assembly, dismantling or alteration, it is marked with warning signs in accordance with the requirements of Part 7, Chapter 1 and, where appropriate, is protected by barriers or other suitable means from unauthorised access or use, and
(g) any scaffolding assembled, dismantled or significantly altered is only carried out under the supervision of a competent person and by persons who have received appropriate and specific training in the operations envisaged that addresses specific risks that the operations may entail and precautions to be taken, and, in particular—
(i) in understanding the plan referred to in paragraph (c) for the assembly dismantling or alteration of the scaffolding concerned,
(ii) the need for safety during the assembly, dismantling or alteration of the scaffolding concerned,
(iii) measures to prevent the risk of persons, materials or objects falling,
(iv) safety measures in the event of changing weather conditions that could adversely affect the safety of the scaffolding concerned,
(v) permissible loadings, and
(vi) any other risks that the assembly, dismantling or alteration of the scaffolding concerned may entail.
Collective safeguards for arresting falls.
108. (1) Any reference in this Regulation to a safeguard is to a collective safeguard for arresting falls.
(2) An employer shall ensure that—
(a) a safeguard may be used only if—
(i) the risk assessment has demonstrated that the work activity can, so far as is reasonably practicable, be performed safely while using it and without affecting its effectiveness,
(ii) the use of other, safer work equipment is not practicable, and
(iii) a sufficient number of persons are available, if required, to assist with any aspect of the safeguard’s operation and have received adequate training specific to the safeguard, including rescue procedures,
(b) a safeguard is suitable and of sufficient strength to arrest safely the fall of any employee who is liable to fall,
(c) a safeguard—
(i) in the case of a safeguard that is designed to be attached—
(I) is securely attached to all the required anchors, and
(II) has anchors, and the means of attachment thereto, that are suitable and of sufficient strength and stability for the purpose of safely supporting the foreseeable loading in arresting any fall or during any subsequent rescue,
(ii) in the case of an airbag, landing mat or other similar safeguard, is stable, and
(iii) in the case of a safeguard that expands when arresting a fall, affords sufficient clearance, and
(d) suitable and sufficient steps are taken to ensure, so far as is practicable, that in the event of a fall by any employee, the safeguard itself does not cause injury to that employee.
Personal fall protection systems.
109. An employer shall ensure that—
(a) a personal fall protection system is only used by an employee if—
(i) the risk assessment has demonstrated that—
(I) the work can, so far as is reasonably practicable, be performed safely while using that system, and
(II) the use of other, safer work equipment is not practicable, and
(ii) the user and a sufficient number of persons are available, if required, to assist with any aspect of the operations envisaged and have received adequate training specific to the operations envisaged, including immediate rescue procedures,
(b) a personal fall protection system is suitable and of sufficient strength for the purposes for which it is being used, having regard to the work being carried out and any foreseeable loading,
(c) where appropriate, a personal fall protection system—
(i) fits the employee,
(ii) is correctly fitted,
(iii) is adjustable to minimise injury to the user if a fall occurs, and
(iv) is so designed, installed and used as to prevent unplanned or uncontrolled movement of the user,
(d) where designed for use with an anchor, a personal fall protection system is securely attached to at least one anchor, and each anchor and the means of attachment thereto is suitable and of sufficient strength and stability for the purpose of supporting any foreseeable loading,
(e) suitable and sufficient steps are taken to prevent any employee falling or slipping from a personal fall protection system, and
(f) suitable and sufficient steps are taken to ensure, so far as is practicable, that in the event of a fall by any employee, an injury from the personal fall protection system is minimised.
Work positioning systems.
110. An employer shall ensure that—
(a) a work positioning system is used only if—
(i) the system includes a suitable backup system for preventing or arresting a fall and
(ii) where the system includes a line as a backup system, the user is connected to it, and
(b) if not practicable to comply with paragraph (a), all reasonably practicable measures are taken to ensure that the work positioning system does not fail.
Rope access or positioning technique.
111. An employer shall ensure that—
(a) a rope access or positioning technique is used only if—
(i) it involves a system comprised of at least two separately anchored lines, of which one (known in this Regulation as “the working line”) is used as a means of access, egress and support, and the other is the safety line,
(ii) the user is provided with a suitable harness and is connected by it to the working line and the safety line,
(iii) the working line is equipped with safe means of ascent and descent and has a self-locking system to prevent the user falling should he or she lose control of his or her movements, and
(iv) the safety line is equipped with a mobile fall protection system that is connected to, and travels with, the user of the system,
(b) provision is made for a seat with appropriate accessories depending, in particular, on the duration of the job and the ergonomic constraints, and
(c) the system referred to in paragraph (a)(i) does not comprise a single line, except where—
(i) the risk assessment has demonstrated that the use of a second line would entail higher risk to employees, and
(ii) appropriate measures have been taken to ensure safety.
Fall arrest systems.
112. An employer shall ensure that—
(a) a fall arrest system incorporates means of absorbing energy and limiting the force applied to the user’s body, and
(b) a fall arrest system is not used in a manner that—
(i) involves the risk of a line being cut,
(ii) where its safe use requires a clear zone (allowing for any pendulum effect) does not afford such zone, or
(iii) otherwise inhibits its performance or renders its use unsafe.
Work restraint systems.
113. An employer shall ensure that a work restraint system is only used if it is—
(a) designed so that, if used correctly, it prevents the user from getting into a position in which a fall can occur, and
(b) used correctly.
Ladders.
114. An employer shall ensure that—
(a) a ladder is used for work at height only if the risk assessment has demonstrated that the use of more suitable work equipment is not justified because—
(i) the level of risk is low, and
(ii) the duration of use is short, or
(iii) existing features at the place of work cannot be altered,
(b) any surface upon which a ladder rests is stable, firm, of sufficient strength and of suitable composition to support safely the ladder, so that the ladder’s rungs or steps and any loading intended to be placed on it remain horizontal,
(c) a ladder is so positioned as to ensure its stability during use,
(d) a suspended ladder is attached in a secure manner so that, with the exception of a flexible ladder, it cannot be displaced and swinging is prevented,
(e) a portable ladder is prevented from slipping during use by—
(i) securing the stiles at or near their upper or lower ends,
(ii) effective anti-slip or other effective stability devices, or
(iii) any other arrangement of equivalent effectiveness,
(f) a ladder used for access is long enough to protrude sufficiently above the place of landing to which it provides access, unless other measures have been taken to ensure a firm handhold,
(g) no interlocking or extension ladder is used unless its sections are prevented from moving relative to each other while in use,
(h) a mobile ladder is prevented from moving before it is used,
(i) where a ladder, or run of ladders, rises a vertical distance of 9 m or more above its base, sufficient safe landing areas or rest platforms are provided at suitable intervals where reasonably practicable, and
(j) a ladder is used in such a way that—
(i) a secure handhold and secure support are always available to the employee and
(ii) the employee can maintain a safe handhold when carrying a load unless, in the case of a step ladder, the maintenance of a handhold is not practicable when a load is carried, and the risk assessment has demonstrated that the use of a stepladder is justified because—
(I) the level of risk is low, and
(II) the duration of use is short.
Fragile surfaces.
115. An employer shall—
(a) ensure that no employee passes across or near, or works on, from or near, a fragile surface, where work can be carried out safely and under appropriate ergonomic conditions without his or her doing so,
(b) where it is necessary to pass across or near, or work on, from or near a fragile surface—
(i) ensure, so far as is reasonably practicable, that suitable and sufficient platforms, coverings, guard rails or other similar means of support or protection are provided and used so that any foreseeable loading is supported by such supports or borne by such protection, and
(ii) where a risk of an employee falling remains despite the measures taken under this Regulation, take suitable and sufficient measures to minimise the distance of a potential fall and the risk of personal injury, and
(c) where an employee may pass across or near, or work on, from or near a fragile surface, ensure that—
(i) prominent warning notices are affixed at the approach to the place where the fragile surface is situated, or
(ii) where that is not practicable, such employee is made aware of it by other means.
Falling objects.
116. An employer shall—
(a) take suitable and sufficient steps to prevent, so far as is reasonably practicable, the fall of any material or object where necessary to prevent injury to any employee,
(b) where it is not practicable to prevent the fall of any material or object as referred to in paragraph (a), take suitable and sufficient steps to prevent any person being struck by any falling material or object that is liable to cause injury,
(c) ensure that no material or object is thrown or tipped from height in circumstances where it is liable to cause injury to any person, and
(d) ensure that materials and objects are stored in such a way as to prevent risk to any employee arising from the collapse, overturning or unintended movement of the materials or objects.
Danger areas.
117. An employer shall ensure, without prejudice to the preceding requirements of this Part, that where a place of work contains an area in which, owing to the nature of the work, there is a risk of any employee suffering personal injury by—
(a) falling a distance, or
(b) being struck by a falling object,
the place of work, so far as is practicable, is equipped with devices preventing unauthorised employees from entering the area and that the area is clearly indicated by warning signs or other appropriate means.
Interpretation for Regulation 119
118. (1) Subject to paragraph (2), in this Regulation and Regulation 119, “inspection” means such visual or more rigorous inspection by a competent person as is appropriate for safety purposes and includes any testing appropriate for those purposes.
(2) Where a thorough examination has been made of lifting equipment under a specific requirement of any of the relevant statutory provisions—
(a) the examination, for the purposes of Regulation 119, other than paragraph (1)(c) of that Regulation, shall be treated as an inspection of the lifting equipment, and
(b) where a report of the examination has been prepared under the relevant statutory provisions, the report shall be treated for the purposes of Regulation 119(4)(b) as the recording of the inspection.
Inspection of work equipment.
119. (1) An employer shall ensure that, as regards work equipment to which Regulations 101 to 114 apply—
(a) where the safety of the work equipment depends on how it is installed or assembled it is not used after installation or assembly in any position unless it has been inspected in that position,
(b) without prejudice to paragraphs (a) and (c), work equipment exposed to conditions causing deterioration which is liable to result in dangerous situations is inspected—
(i) at suitable intervals, and
(ii) where exceptional circumstances have occurred that are liable to jeopardise the safety of the work equipment, as soon as practicable following these exceptional circumstances, and
(c) without prejudice to paragraph (a), a working platform—
(i) used for construction work, and
(ii) from which an employee could fall 2 m or more,
is not used in any position unless it has been inspected in that position within the previous 7 days or, in the case of a mobile working platform, inspected on the site within the previous 7 days.
(2) A person carrying out an inspection of work equipment to which paragraph (1)(c) applies shall—
(a) promptly prepare a report containing the particulars as set out in Schedule 5, and
(b) within 24 hours of completing the inspection, provide the report, or a copy thereof to the person on whose behalf the inspection was carried out.
(3) An employer receiving a report under paragraph (2) shall keep the report or a copy of the report—
(a) at the site where the inspection was carried out until the construction work is completed, and
(b) thereafter, at an office of the employer.
(4) An employer shall ensure that—
(a) no work equipment under the employer’s control is used in another place of work unless it is accompanied by evidence that the last inspection required to be carried out under this Regulation has been carried out, and
(b) the result of an inspection under this Regulation is recorded and kept available for inspection by an inspector for 5 years from the date of inspection.