In the UK, working at height is regulated by the Work at Height Regulations 2005, which are designed to prevent death and injury from falls. The regulations define “work at height” broadly as any work where a person could be injured from a fall, regardless of the height.
This includes working on a ladder, a flat roof, or even at ground level near an opening in the floor. Both employers and employees have specific legal obligations to ensure safety.
Employer Obligations
Under the Work at Height Regulations 2005, employers have the primary responsibility for ensuring the safety of their employees. These duties are also supported by the wider Health and Safety at Work etc. Act 1974. An employer’s obligations include:
- Avoidance and Prevention: The first step is to avoid work at height whenever possible. If it can’t be avoided, employers must use equipment or other measures to prevent falls.
- Planning and Supervision: All work at height must be properly planned, appropriately supervised, and carried out in a safe manner. The plan must consider factors like weather conditions that could affect safety.
- Risk Assessment: Employers must conduct a suitable and sufficient risk assessment to identify all potential hazards. This involves determining what could cause a fall, who could be harmed, and what control measures are necessary.
- Competence and Training: Work at height should only be carried out by competent individuals with the necessary skills, knowledge, and experience. Employers must provide adequate training and instruction to ensure employees know how to use equipment safely and understand the risks.
- Equipment: Employers must provide suitable and appropriate equipment for the task. They must prioritise collective protection measures (like guardrails, scaffolding, or mobile elevating work platforms) over personal protection (like harnesses and lanyards). All equipment must be regularly inspected, maintained, and fit for purpose.
- Dealing with Fragile Surfaces and Falling Objects: Specific measures must be taken to control the risks from fragile surfaces, such as roof lights, and to prevent objects from falling and injuring people below.
Employee Obligations
While employers hold the main responsibility, employees also have a legal duty to cooperate and ensure their own safety and the safety of others. Under the Work at Height Regulations 2005 and the Health and Safety at Work etc. Act 1974, employees must:
- Cooperate with Employers: Employees must cooperate with their employer to enable them to comply with their legal duties. This includes following safety procedures and using all safety equipment provided.
- Use Equipment Correctly: Employees must use any equipment provided for their safety correctly and as they have been trained. This includes personal protective equipment (PPE) like harnesses and collective measures like scaffolding.
- Report Concerns: It is an employee’s duty to report any health and safety hazards or concerns to their employer. If they notice damaged equipment or an unsafe work practice, they must report it immediately.
- Do Not Interfere: Employees must not intentionally or recklessly interfere with or misuse anything provided in the interest of health and safety.
For more information on the Working at Height Regulations, visit the HSE’s website here.
