Work at Height Regulations - One Year On

contractjournal.com newsletter: 16/03/2006

Work at Height Regulations - One Year On

The Work at Height Regulations are almost a year old, having come into force in Great Britain on 6 April 2005. So, what progress has been made, and what comes next? The Health and Safety Executive (HSE) explains.

Introduction

Falls remain the biggest cause of fatal injuries in Britain with 53 deaths in 2004/05 and 64 the year before. The Health and Safety Commissions Chair, Bill Callaghan, said recently that "falls from height are still a big problem amounting to one in four of all fatalities to workers in 2004/05. This is a particular concern especially in the construction and services sectors. The new Work at Height Regulations require ... a common sense approach that shouldn't be beyond anyone."

The Work at Height Regulations 2005 (WAHR) consolidated existing regulations and good practice to create a sound framework to help people work safely at height. The Regulations also allow people who do not work safely to be prosecuted - even when no injuries result.

Case study - roofing contractor fined

On 13 April 2005, seven days after the Work at Height Regulations came into force, three employees of a roofing contractor based in the east of England arrived at a site to salvage tiles from a building prior to demolition. The employees used an unsecured ladder to access a pitched roof and started to strip the roof even though no risk assessment had been undertaken and no provision had been made for them to work safely at height. No scaffold had been provided, roof ladders were not in use and the employees created holes in the close boarding to use as footholds.

Speaking after the case, HSE investigating inspector Stephen Hartley, said: "Employers are expected to plan work at height carefully and take appropriate measures to prevent falls. Where standards are poor HSE will prosecute those responsible, even if there has been no injury as in this case."

The roofing contractor pleaded guilty to breaches of the Work at Height Regulations 2005. He was fined a total of £3,000 plus costs of £3,517, at Bedford Magistrates Court, in September 2005.

Work at Height Regulations - key responsibilities

Duty holders in the WAHR are employers, the self-employed and those in control of the work of others (to the extent of their control). This means that virtually anyone involved in planning, supervising or contracting services where work at height could take place will have some level of duty under the WAHR.

The WAHR apply to any work where there is the risk of a fall liable to cause personal injury.

The Regulations require duty holders to plan and organise work at height properly and follow the hierarchy:

• avoid work at height where possible,
• where it is not possible to avoid work at height put measures in place to prevent a person falling,
• where there remains the risk of a fall, take measures to mitigate the distance and consequences of a fall should one occur,
• if there is still the risk of a fall, take other measures to ensure the safety of the person working at height. Collective measures that provide general protection to all those working at height must be considered before personal measures, such as lanyards, that only protect the individual.

Many products are now on the market to help people work safely when working at height. For example, in the building trade the use of mobile tower scaffolds has become commonplace, offering collective fall prevention. Air bags and netting are used for fall arrest to protect workers who have to work near an open edge or fragile surface.

The WAHR also require that people involved in work at height are competent to do so, meaning that they have the right level of knowledge, training and experience to do the job. Those being trained have to be supervised by a competent person.

Ladders banned?

Despite rumours to the contrary HSE has not banned ladders, plasterers' stilts or any other type of work equipment. However the WAHR stipulate that ladders should be used only when all other safer alternatives for work at height have been ruled out. A risk assessment must show that the task is low risk (for example, the worker is not carrying heavy loads) and of short duration, or that there are site features that mean other equipment is not appropriate. If so, then ladders can be used.

Most of the deaths and injuries suffered could have been prevented if suitable, sensible measures had been put in place. The WAHR themselves won't reduce the number of deaths and major injuries but people recognising the risks and their responsibility to follow good practice and work safely probably will.

Who knows about the Work at Height Regulations?

In the autumn of 2005 HSE commissioned some research to test the attitude of employers, self-employed people and employees to work at height, how many had heard about the Work at Height Regulations and how the introduction of the Regulations had changed the way people work at height.

The research found that almost half of employers and employees had heard about the WAHR three months after they were introduced. It also showed that nearly a third of employers and one in four employees who had heard about the WAHR had claimed to take some action after getting information about the Regulations. This ranged from passing information to colleagues, looking at training, changing the way they worked or encouraging others to change, or purchasing new equipment.

The research also found that employers and employees in the construction sector identified the risk of falling as their biggest health and safety worry. Construction remained the sector where most fatalities and major injuries from falls occur.

2005 campaigns: Ladders Week and Fit Out

In 2003/04 13 people died and nearly 1200 suffered major injury following a fall from a ladder. For this reason HSE decided to hold Ladders Week, which took place in November 2005 and rapidly became "Ladders Month" with events taking place across Britain into December. The aim was to raise awareness of the risks associated with ladder use and encourage people to think - is it right to use a ladder; if it is, use the right ladder and use it safely. HSE Inspectors and partner organisations such as Speedy Hire, HSS, the British Ladder Manufacturers Association and British Institute of Facilities Management talked to duty holders about using ladders safely and what alternatives are available.

Construction Sector Inspectors were also involved in what is known as the "Fit Out" campaign which looked at the fit out phase of construction projects, after the main building work is complete. This campaign was aimed at preventing slip and trip accidents and falls by encouraging good site organisation and getting across the "use the right kit, use it safely" message.

Height Aware

Following on from these previous initiatives, the Height Aware Campaign will take place in May and June this year. HSE and Local Authorities will hold events and inspections to raise awareness of work at height issues and promote sensible measures to improve safety.

There will be a media campaign targeted at people who work at height in the building and machine maintenance sectors. This can include people who work as facilities managers, cleaners, caretakers, electricians, engineers and plumbers etc. Campaign material aims to help people understand what the risks are, recognise that falls from below head height cause most major injuries and show them that simple, sensible measures can reduce the risk of injury.

There will be a series of events including:

• Safety and Health Awareness Days for managers and employees, giving information about work at height issues.
• Events for employers and self employed people to discuss safety issues when working at height and the requirements of the Work at Height Regulations. The majority of these will be set up by partner organisations.
• Demonstration of work at height equipment and how to use it safely in conjunction with HSS or Speedy Hire who are two of the campaign partners.

There will also be a number of regulatory inspections carried out by HSE and Local Authority inspectors.

What next - Solutions Database

Finally, the Access Industry Forum - a group made up of the main access industry trade associations - are working with HSE on a web-based tool to help people who need advice on work at height to get information from experts. The site will become operational in May 2006. It will be possible to post a problem on the site and receive input from each of the trade associations that make up the Access Industry Forum. The questions and replies will be made available to other users of the site who may have a similar issue.

Further information

HSE brought out "Work at Height Regulations – a brief guide" in April 2005. This gives an overview of the requirements of the Regulations for duty holders. HSE has worked in partnership with managers and workers in industry to produce guidance that is relevant to their sector. These people tend to know best what they need, what factors affect the way they work and how to do the work safely.

"Safe use of ladders and stepladders – an employers guide" (download PDF here) was published by HSE in November 2005. This was accompanied by a tool-box talk for ladder users and a pocket card to remind users of good practice when working from a ladder.

Further information is available free from the HSE website at www.hse.gov.uk.