New regulations on working at height are set to become law in 2004. How will they affect your working practices? Paul Reeve outlines the changes.
The Work at Height Regulations are expected to come into effect by mid-2004. The new rules will cover work activities where it is "possible that a fall involving a distance liable to cause injury could occur". This is regardless of the duration the person is at a height, or of the height at which the work is done. It specifically includes access to and exit from the place of work and includes:
  • using a ladder or steps to carry out maintenance tasks;
  • working on a scaffold or from a mobile, elevated platform;
  • climbing fixed structures to perform maintenance activities.

The 2004 regulations will remove the working at height provisions in the Construction Health, Safety and Welfare Regulations 1996 (CHSWR). While the 1996 regulations specify measures to be taken at a height of two metres or above, statistics show the majority of major injuries due to falls are from below two metres. As such, there is no distinction above or below two metres in the new regulations.

Key to implementation
The Health and Safety Executive (HSE) has drafted detailed guidance to the regulations. What they say and how they are interpreted is central to how the regulations will affect contractors.

The guidance says that risk assessment should be done before work starts and it should be proportionate to the risks involved. The main factors to consider include the:

  • job to be performed;
  • most suitable equipment for the task after a risk assessment;
  • duration of the task;
  • number of people required to undertake the task;
  • frequency with which the task must be performed;
  • conditions on site – for example, ground conditions must be stable and secure enough to support equipment;
  • risks that arise from pre- and post-use of the equipment – for example when installing and dismantling scaffolding;
  • total exposure of all the workers involved to risk, and the degree of risk;
  • competence of the workers and level of supervision needed.

Based on the risk assessment, employers need to bring in suitable control measures. There is a hierarchy of measures for reducing the risk of harm:

  • as far as is reasonably practicable, employers should eliminate the risk by not undertaking work at height;
  • if it is not practicable to perform a task without working at height they should assess if there is a suitable surface where work can be carried out safely, ie where there is no risk of causing injury by falling if work at height is carried out;
  • if this is not possible, the next step is to assess and minimise risks by choosing equipment that allows the work to be done while preventing falls;
  • if a risk of a fall still remains, control any remaining risk by mitigating the effects of a fall.

Designers will be expected to take opportunities to prevent working at height altogether. Operationally, it is unlikely that contractors will be able to eliminate work at height in some situations, but in general they will need to ensure a safe work surface.

If work at height is justified, it should be conducted "safely under appropriate ergonomic conditions from a suitable surface". These conditions mean that the place of work must be safe, ie there is no risk of a person falling from it. Essentially, a suitable surface should provide the same security as working from the ground – it must not be possible to fall off the edge or through a hole in the surface.

Designers will be expected to take opportunities to prevent working at height altogether

Collective measures such as a guard rail take precedence over personal protective measures such as safety harnesses.

The use of stepladders
Ladders are not outlawed by the new rules, but many clients and main contractors are already advising contractors not to use ladders or stepladders on site.

The guidance says that ladders are only used as workstations where a risk assessment shows that using other equipment is not justified because of a low risk and either the short duration of the job or "unalterable practical features", like small doorways, of the work site. Even then, ladders should only be used as workstations after proper safety precautions have been taken.

Risk assessments should consider people at work and passers-by, and adequate training for users is essential.

If ladders are used as workstations, employers should ensure that the:

  • work only requires one hand – this is already regarded by the HSE as good practice, but is likely to take on more significance when it is allied to the forthcoming regulations and could affect many electrical tasks;
  • work can be reached without stretching;
  • ladder is used in line with manufacturer's instructions;
  • ladder can be fixed to prevent slipping.

The draft guidance adds that safety should not be compromised by speed when looking to complete the job.