Falls from height are not only one of the biggest cause of injuries in the workplace but also the most common cause of workplace fatalities. It is for this reason that there is so much legislation surrounding safety practices while working at a height – with the main one being Working at Height Regulations 2005.
Key Points of the Work at Height Regulations
The Working at Height Regulations apply to all work at height where there is a risk of a fall liable to cause personal injury. Duty holders include employers, the self-employed, and anyone who controls work at height (e.g. facilities managers, building owners).
The Core Duties include
- Planning and organising work at height properly.
- Ensuring competence of those involved.
- Selecting appropriate equipment for the task.
- Assessing risks and implementing control measures.
Potential Consequences of not complying to the Work at Height Regulations 2005
Legal Consequences
- Criminal prosecution under the Health and Safety at Work etc. Act 1974 and the Work at Height Regulations 2005.
- Unlimited fines for organisations found guilty of breaches.
- Imprisonment for individuals (e.g. directors, managers) if negligence is proven.
- Enforcement notices from the HSE –
- Improvement Notice: requires corrective action within a set time.
- Prohibition Notice: stops work immediately if there’s a serious risk.
Reputational Damage
- Public exposure of incidents and prosecutions via HSE press releases.
- Loss of business due to damaged trust with clients and contractors.
- Disqualification from accreditation schemes (e.g. CHAS, SMAS, SSIP) if non-compliance is discovered.
Human Consequences
- Falls from height are the leading cause of workplace fatalities in the UK, accounting for nearly a third of all work-related deaths.
- Even minor breaches (e.g. using a swivel chair instead of a step ladder) can result in serious injuries.
So, what is meant by Working at Height?
The Health and Safety Executive (HSE) states that working at height is classified as any work which takes place where a person can fall a distance high enough to potentially cause injury if no precautions were taken.
Examples of this include:
- Working on a ladder
- Working on a roof
- Working on scaffolding or an access platform
- Working on top of a fragile surface that could break
- Working on a surface that has openings or holes that you could fall through
- Embankments
- Steps
The Definition of Working at Height
Working at height is defined as any work where a person could fall a distance liable to cause personal injury. This includes work above ground level, near edges, through fragile surfaces, or into openings, even if the fall risk is from ground level into a hole.
Why This Definition Matters
Understanding what qualifies as “work at height” is essential for:
- Triggering legal duties under the Work at Height Regulations 2005
- Conducting proper risk assessments
- Selecting appropriate equipment and controls
- Avoiding enforcement action and ensuring worker safety
Who can Work at Height?
To be permitted to work at height you must be deemed ‘competent’. This means that you have sufficient knowledge, experience, and skill to perform the task correctly and safely.
What “Competent” Means in Practice
To be considered competent for working at height, a person should:
- Understand the risks associated with working at height.
- Know how to use equipment safely, including ladders, scaffolds, MEWPs, and PPE.
- Be trained in fall prevention and protection measures.
- Have experience with the specific tasks and environments involved.
- Be physically and mentally fit to perform the work safely.
Supervision and Training
- New or inexperienced workers may still work at height if supervised by a competent person and a suitable and specific risk assessment is in place.
- Employers must provide adequate training and instruction, tailored to the type of work and equipment used.
Training should cover:
- Risk assessments
- Safe use of access equipment
- Emergency procedures
- Inspection and maintenance of gear
Consider Roles Which Typically Involved in Work at Height
- Scaffolders
- Roofers
- Window cleaners
- Maintenance technicians
- Construction workers
- Facilities and building services staff
- Potentially – Staff who enter Confined Spaces
- Etc
Please note that each role requires specific training and equipment depending on the nature of the work.
Legal and Safety Implications
Allowing untrained or incompetent individuals to work at height can lead to:
- Serious injury or death
- Legal action and fines
- Enforcement notices from the HSE
- Invalidated insurance claims
Note:
New or inexperienced workers may still work at height if supervised by a competent person and a suitable specific risk assessment is in place – competency as outlined above.
The required level of knowledge to be able to work at height is dynamic and dependent on the task to be undertaken and the working at height equipment used.
For example, when working on a ladder for short periods of time, you may only require instructions on how to pre-use inspect the ladder for damage, properly secure it and climb it safely while carrying tools.
More complicated tasks such as constructing scaffolding, mobile scaffold towers etc will require more stringent evidence of the person’s competency; this may be the completion of an appropriate course such as IPAF, PASMA, or CISRS.
For Consideration, a Working At Height Awareness Course is ideal for anyone who uses Working at Height Equipment and persons who have Managerial or Supervisory responsibilities, as it includes the requirements as laid down by the Working at Height Regulations, which sets the foundation for the control of such activities.
A Further Look at the Work At Height Regulations 2005
The governing legislation for Working at Height is called the Work at Height Regulations 2005. These regulations define working at height as anyone who meets any of three conditions:
- Working above ground/floor level.
- Could fall from a ledge, through an opening, or fragile structure.
- Could fall from ground level through a hole opened into the floor.
This with the Hierarchy of Prevention being the following, which should be considered when planning the works:
- Avoid working at height wherever possible.
- Prevention of falls
- Mitigate the consequences of falls.
Criteria that the responsible person must ensure are met
The regulations set criteria that the person responsible for ensuring safety must ensure are met when someone is working at height. These criteria are:
Work at Height is Properly Planned: This includes planning the method, equipment, access, and ensuring a safe system of work is in place – this includes a suitable working at height rescue plan.
Work at Height is Properly Supervised: Supervision must be appropriate to the level of risk and the competence of those performing the task.
Work at Height is Carried Out Only By Competent People: Workers must have the necessary skills, knowledge, training, and experience (or be supervised by someone who is competent).
Risks From Work at Height Are Assessed and Appropriate Equipment Is Selected and Used:
This includes following the hierarchy:
- Avoid work at height where possible
- Prevent falls where work at height cannot be avoided
- Minimise distance and consequences if a fall occurs
The place where work is carried out and any equipment used is safe and properly inspected:
This includes:
- Ensuring equipment is suitable, stable, strong enough and maintained
- Inspecting equipment at appropriate intervals
- Identifying, assessing and managing the risks from fragile surfaces etc
- Avoiding use in unsafe weather
- Ensuring locations are safe
Outlined Guidance on How to Comply with Working at Height Regulations
As Health and Safety Consultants, we believe that it is our duty to provide people with best advice possible on how to keep themselves and others alike safe by meeting the relevant regulations by:
Avoid Risks Where Possible
Avoid working at height wherever possible. Can the task at hand be carried out from the ground, or by alternative methods to avoid working at height altogether?
Plan the Work Carefully
Ensure work at height is properly planned and organized by competent persons.
Please note that if scaffolding is used this must be designed by a competent person and the design specification must be in line with the planned use.
Conduct a Working at Height Risk Assessment
Assess the risk by carrying out a specific Working at Height Risk Assessment and subsequently develop Safe Systems of Work.
Minimise Risk
Mitigate the consequences of working at height by ensure that the correct safety equipment is used etc – as a first option this should be Collective Protection Equipment. This type of equipment is designed to protect more than one person with requiring any action from the worker for it to function correctly, for example barriers and guard rails.
A secondary option is Personal Protection Equipment, which as the name states protects the individual i.e. safety harnesses and lanyards.
Training & Supervise Workers
Ensuring that all those involved in the work at height activities (including the Planners, Organisers, Supervisors, and those carrying out the work) are competent and suitably trained.
Ensure Equipment is Suitably Maintained and Inspected
This being depended on the type of equipment used but should include:
Pre-Use (Daily or Before Each Use) Checks / Inspections
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- The user should carry out visual and functional checks every time they use the equipment and if they find an issue the equipment should not be used.
- This type of inspection should form part the users training and regular refresher training should be scheduled.
Regular Detailed Inspections
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- An example of this is the Fixed Scaffold Inspection Regime
- The inspector must be a competent / trained person
- The Inspections should be specific to the type of equipment and recorded.
Regulatory Inspections
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- The frequency etc of these types of inspections will be as per the type of equipment and as per the relevant applicable Regulation e.g. –
Create a Plan for Emergencies and Rescues
Ensure that a suitable Working at Height Emergency Rescue Plan, which is designed to give clear instruction on how workers can be safely rescued in the event of a fall or accident. Your emergency rescue plan should be specific to the site you work in, the equipment you use, and tasks being carried out.
Need Help with Gaining an SSIP Accreditation (CHAS, SafeContractor, or SMAS etc)?
Watson & Watson Health and Safety Consultants are an IOSH Approved Training Provider and provide a wide range of training courses including comprehensive Working at Height training.
If you wish to take part in one of our extensive training courses, call us on 01623 753 654 or contact us via the online form.
