How to comply with the new Working at

Height Regulations

Ron Bonner
MIOSH MIIRSM
 Why do we need to introduce these Regs?

The Working at Height Regulations

are being introduced by the
Health and Safety Commission as a
response to the European
Directive on Temporary Working
at Heights (2001/45/EC) which
should be implemented by
member states by July 2004
This consolidates the working at
height requirements found in the
CHSWR 96.
 Interpretation (Reg 2) What is “Working at Height”

Work in any place, including a place in:

• The course of obtaining access to or egress from any place except

by a staircase in a permanent workplace

or

• At or below ground level from which a person could fall a distance

liable to cause personal injury and any reference to working at
height will include access to or egress from such places whilst at
work
 Working at Height - what is and what isn’t?
Working at height
• Working on a scaffold or
MEWP
• Working on the back of a
lorry
• Using cradles or ropes to
gain access
• Climbing permanent
structures
• Working close to
excavations, cellars or
other openings.
• Staging or trestles
(concerts filming etc)
Not working at height
• Activities carried out by
private individuals.
• Trips and slips on the level
surface
• Permanent stairways (unless
under structural
maintenance)
• Working in a building
(e.g.office) with multiple
floors where there is no risk
of falling (except if the staff
use a stepladder to change
the bulbs within the office)
 Who does the regulations apply too? (Reg 3)

The requirements imposed The requirements imposed

on an employer by these on an employer by these
Regulations shall apply Regulations shall also apply
in relation to –
in relation to work-
Self-employed person in
By an employee of his or relation to work – by him
By any other person under or person under his
control; and
his control, to the
Any other person other than
extent of his control;
self-employed person, in
self-employed person, in
relation to work by a
person under his control,
and to the extent of his
control.
 Reg 4 Organisation and Planning

4-1 Every employer shall ensure that work at height is –

i. Properly planned;
ii. Appropriately supervised; and
iii. Carried out in a manner which is so far as
reasonably practicable safe
iv. and that its planning includes selection of work
equipment in accordance with regulation 7 of the
WAHR.
WAHR
4-2 Planning includes planning for emergencies
4-3 Every employer shall ensure that working at height is
carried out only when the weather conditions do not
jeopardise the health and safety of persons involved
with the work
 Guidance for Regulation 4
• Assess the risks to decide how to work safely
 Risk Assessment
Subject to be assessed (Hazard, task or premises) Working at height on stage trussing, (construction, suspension of equipment
and dismantling)
Significant identified hazards Controls Risk Evaluation Persons identified as being exposed to
the hazards (incl numbers)

1. Slips Trips and falls from Individual rigging plan to Likelihood Severity Risk Rating No.
follow spot positions, trusses ensure as much construction
and access equipment and installation carried out at 1 a) Riggers at height
2 5 10 12
(ladders & MEWP’s) ground level before hoisting
trusses. Riggers at
  2 4 5 20
b) ground level
2. Falling of persons and All staging equipment and 4
equipment from overhead access equipment inspected at 3 2 4 8
Other trades
positions onto persons below. regular intervals for damage. c) 24
  Only competent and physically 4 1 4 4
performers
3. Injury due to long periods fit staff allowed to work at d) 30
of suspension following fall height.
arrest. Secondary safety bonding
 (suspension trauma) placed all suspended
equipment.
Persons working at height wear
4. Weather, location and fall arrest harnesses, safety
environmental conditions footwear (non slip)
during working at height . Duration Frequency
No rigging to take place during
inclement weather. a) 2- 4hrs 2x daily

b) 8 hrs Daily

c) 8 hrs Daily

d) 4 hrs Daily
Risk Assessment
Action planning to improve risk on this assessment Suggested Projected risk score after improvements are
implantation dates implemented

Likelihood Severity Projected risk rating

1. Increased supervision of the ground area below Immediate
working at height positions. 1 2 5 10

The use of portable light weight barriers and signs 2 2 3 6

Immediate
to cordon off areas below working at height
positions

Compulsory wearing of head protection whilst

working at height or at ground level Immediate

2. Development of emergency rescue procedures ,

trained staff, and supply emergency rescue Immediate
equipment
Management Ownership Details
Date of assessment

Signature of Assessor
Signature of Duty
holder

Date

Review date
 Guidance for Regulation 4
• Assess the risks to decide how to work safely
• Follow the hierarchy for safe working at height
• Plan and organise the work properly not forgetting to
taking into account weather and emergency provisions
• Competency of those working at height
• The correct use of work equipment
• Manage the risks from working near or on fragile
surfaces and manage the risk of falling objects
• Inspect and maintain the work equipment to be used
and carry out inspections of the place where the work is
to be carried out (not forgetting to include access and
egress)
 Competence (Reg 5.)

Every employer shall ensure that no person engages in any activity including organisation,
planning and supervision in relation to work at height or work equipment for use in
such work unless he or she is competent to do so or, if a person is being trained, that
the person receiving the training is supervised by a competent persons.

Guidance (or how the Regulations define competence with regard to WAH)
A combination of appropriate, practical and theoretical knowledge, training and
experience, which collectively should enable a person to:
i. Undertake safely their specified activity at their level of responsibility;
ii. Understand fully any potential risks related to the work activity (tasks and
equipment) in which they are engaged; and
iii. Detect any defects or omissions and recognise any implications for health and
safety with the aim of specifying appropriate remedial actions that may be
required in relation to their particular work activity. This could include refusing to
do a particular task if the potential risk is assessed as being too great.
 Reg 6.Avoidance of risk from Work at Height

Every employer will need to make

sure that any work is not
carried out at height where it
is reasonably practicable to
carry out the work safely by
other means
 Prevention

Where work will have to carried out

at height, every employer shall
take suitable and sufficient
measures to prevent, so far as
is reasonably practicable, any
person falling a distance liable
to cause personal injury
 Mitigate the effects

Every employer shall take suitable

and sufficient measures to
minimise the distance and
consequences of a fall

At all stages the collective protective measures should

always have precedence over personal protective
equipment
 Reg 7.General principles for selection of work equipment
for working at height

7.2 The employer must select work equipment for work at height which-

a) Has characteristics including dimensions which are appropriate to the nature of the
work to be performed and any foreseeable loadings and allow passage without risk.

b) Is in other respects the most suitable work equipment having regard in particular to the
purposes specified above in the previous regulation (Reg 6)
 Reg 8. Requirements for particular work equipment
The employer shall ensure that, in the c) Rope access and positioning
case of- techniques – part 3 of schedule 5 is
a) Guard rail, toe board, barrier or complied with;
similar means of protection – d) Any personal fall protection system
schedule 2 is complied with. – part 4 of schedule 5 is also
b) A working platform. complied with;
3. Part 1 of Schedule 3 is complied e) A work restraint system – Part 5 of
with. schedule 5 is complied with; and
4. Where scaffolding is provided, part f) A ladder – Schedule 6 is complied
2 of schedule 3 is also complied with.
with
c) A net, airbag or other collective
safeguard for arresting falls which
is not part of a personal fall
protection system – Schedule 4 is
complied with;
d) A work positioning system – part 2
of schedule 5 is also complied with
 Guidance on Ladders
No matter what type of ladder – (step, suspended, extension, Zarges, fixed etc.) and
regardless of their use, they will need to meet the requirements of WAHR . It
must also be remembered that they are classified as work equipment under
PUWER 98 and as such must be suitable for the for the task.

A risk assessment will be needed for all ladder work and the assessment should be
proportionate to the risk.

Use “Ladders should only be used as work equipment, either for access/egress or as
a place from which to to work where a risk assessment shows that the use of
other work equipment is not justified because of the low risk and the short
duration of the job or unalterable features of the site”

Working from a ladder

“ a secure hand hold should be available” means that the user can grasp an upper
rung (round) or handrail on the ladder. It does not mean that the user is
expected to be holding the rung or handrail at all times as this would clearly
make it impossible to carry out many tasks for which two hands are needed.
 Fragile Surfaces (Reg 9)
The employer must take suitable and sufficient steps to prevent any person at work falling
through any fragile surface.
And to achieve the requirement of the above paragraph, the employer shall ensure that-
i. No person whilst at work should be allowed to pass across, work on or from, a
fragile surface where it is reasonably practicable to carry out that work safely and
under ergonomically acceptable conditions unless there is no other method of doing
so safely;
ii. No person whilst at work should be allowed to pass across, work on or from, a
fragile surface unless there are suitable and sufficient platforms, coverings or other
similar means of supporting the loadings expected for the task are in place;
iii. No person whilst at work should be allowed to pass across or work near to a fragile
surface unless there are provided suitable and sufficient guard rails, coverings or
any other methods that would, as far as reasonably practicable, prevent a person
falling through the fragile surface; and
iv. Where a person may pass across or work near a fragile surface, prominent warning
signs are, so far as reasonably practicable, fixed to the approach to the area where
the fragile surface is located.
If, after all the above are implemented, the risk of falling through the fragile surface still
remains, the employer must provide suitable and sufficient means for arresting his
fall, again, so far as is reasonably practicable.
 Falling Objects (Reg 10)
10-1 The employer must take reasonably practicable steps to make suitable and
sufficient arrangements to prevent the fall of any materials or objects.

10-2 If it is not reasonably practicable to comply with 10-1 above then the employer
will need to take suitable and sufficient steps to prevent any person being struck
materials or objects, which are likely to cause injury.

10-3 The employer must ensure that no material is tipped or thrown from height if it
is likely to cause injury.

10-4 And the employer shall ensure that materials and objects are stored in such a
way as to prevent risk to any person arising out a collapse, overturning or
movement of those materials or objects.
 Danger Areas (Reg 11)

11. The employer must ensure that:

• If due to the nature of the work, the workplace contains and area
in which there is a risk of any person falling a distance or being
struck by a falling object which is liable to cause injury then the
workplace is, as far as reasonably practicable, equipped with
devises which will prevent unauthorised access; and
• That this area be clearly indicated.
 Inspection of Work Equipment (Reg 12)

This regulation will only apply to work equipment to which regulation 8 and schedules 2 and 6
will apply
12-2 Every employer must ensure that, where the safety of work equipment (including equipment
to which paragraph 12-3 applies) 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.
12-3 Every employer shall ensure that work equipment is inspected:
i. At suitable intervals; and
ii. Each time that exceptional circumstance,
circumst which are liable to jeopardise the safety of any of
the work equipment have occurred.
12-4 If a scaffold is built for whatever purpose and a person could fall more than 2 metres, then
that scaffold must not be used in any position unless the scaffold has been inspected in
the previous 7 days.
12-5 No work equipment: (other than lifting equipment, which will have its own requirement
under Lifting Operations and Lifting Equipment Regulations, LOLER)
i. Leaves the employers undertaking or
ii. If obtained from another undertaking is used in his place of work unless it is accompanied by
physical evidence that the last inspection required to be carried out under this set of
regulations, has been carried out.
 Inspection of Work Equipment (Reg 12 cont…)

12-6 The employer shall ensure that the result of an inspection under this set of
Regulations is recorded and kept until the next inspection is carried out.
12-7 A person carrying out an inspection of work equipment to which paragraph 4
applies (scaffolds) shall-
i. Before the end of the work period which the inspection is carried out prepare a
report containing the particulars in schedule 7 (see schedule 7)
ii. Within 24 hours of completing the inspection, provide a report or a copy
(electronic if wished) to the person on whose behalf the inspection has been
carried out.
 Inspection of places of work at height (Reg 13)

13. Every employer shall ensure that the surface and every parapet,
permanent rail or any other such fall protection measure of all places of
working at height are inspected on each occasion before the place of
work is used.
 Duties of persons at work (Reg 14)

14-1 Every person must report to the persons that are in charge of their work and
activities, any defects or activity relating to work at height, which that person
knows to endanger the safety of his or herself or the safety of others.
14-2 Every person shall use any work equipment or safety device provided to him for
working at height by his employer in accordance with-
i. Any training in the use of the work equipment or device that has been received;
and
ii. Any instructions regarding the equipment provided by the employer or supplier of
the equipment
 In summary – The Working at Heights Regulations require
You carry out a risk assessment for ALL work carried out at height and put into place
arrangements for:

Eliminating or minimising risks from working at height;

Safe systems of work for organising and performing work at height;
Safe systems for the selecting suitable work equipment; and
Safe systems for protecting people from the consequences of working at height.
That’s what you need to do to comply with the
Working at Heights Regulations 2004.

Any
Questions?