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Work at Height Regulations 2005

As falls from height account for the majority of fatal and serious accidents at work, the Work at Height Regulations 2005 came into effect on 6th April 2005 to reduce the number of such accidents.

Important Regulations for Safety in the Workplace
Accidents at Work Covered by the Regulations
Work at Height
Places of Work
Specific Requirements
Specific Examples
Making an Accident at Work Compensation Claim

Important Regulations for Safety in the Workplace

This regulation will hopefully reduce the number of accidents at work that occur whilst working at height but in the event an accident does occur this regulation will make successfully claiming damages for personal injury easier than before.

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Accidents at Work Covered by The Regulations

It applies to accidents that occur indoors, outdoors or underground.

Such accidents will include falls from; platforms, ladders/stepladders, scaffolding, buildings, whilst accessing such work and falling through fragile surfaces. It can also apply when walking around a workplace.

It also covers being hit by a falling object.

But the regulation does not cover falling down a permanent set of stairs or travelling to or from work.

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Work At Height

There is no minimum height. There simply has to be a risk of personal injury from falling.

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Places Of Work

The regulation will apply to any place a person is working at height. It does not have to be their normal place of work.

Generally all workplaces are covered by this regulation including pubs, building sites, offices, shops and warehouses but most shipping/ dock activities are not.

Who Owes A Duty

• Employer to an employee
• Employer to a person under his control
• Self-employed
• Main contractors to site contractors
• Building occupiers to those working at height

What Duty Is Owed By The Duty Holder

There are a hierarchy of measures required of the duty holders;

• To avoid work at height where they can.
• To use work equipment or other measures to prevent falls where they cannot avoid work at height; and
• Where they cannot eliminate the risk of a fall, use work equipment or other measures to minimise the distance and consequences of the fall.

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Specific Requirements

Essentially the duty holder has to risk assess and consider the safety of those working at height from the start to the finish of the job.

Duty holders must;

• Properly plan and organise the work.
• Undertake risk assessments.
• Ensure all those involved in working at heights are trained and competent.
• Provide and maintain proper equipment for working at height and inspect the equipment.
• Specifically consider the weather conditions and if necessary postpone the work.
• Consider the risks from fragile surfaces and avoid them if possible.
• Risks assess, provide and maintain collective and personal safety equipment.
• Prevent items falling and prevent a person being hit by a falling object, if needs be, by restricting access to such an area.

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Specific Examples

When the regulation will apply;

a) A shop employee using a ladder to change a light bulb.
b) A building owner who engages a roofing contractor.
c) A workman struck by debris thrown from the roof of a building.
d) A person hit by a box falling from a stack.

When the regulation will not apply;

e) A Police Officer riding a horse.
f) An instructor of a team building climbing activity.
g) A fisherman falling into the hold of a fishing boat.

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Making an Accident at Work Compensation Claim

Employers have a responsibility to ensure that sufficient health and safety procedures are in place to reduce the risk of accidents and injuries at work as far as possible.  If you or a member of your family have been injured in an accident at work, caused by a fall from a height or a falling object, you should be entitled to claim compensation. 

At The Legal Line, our lawyers have extensive experience in recovering damages for the victims of workplace accidents, including building site accidents, and can provide expert advice and assistance in pursuing your case. Contact us on 0800 0328511 or by completing an online claim enquiry form.

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This article was written by James S Murphy, Barrister, Park Lane Chambers, Leeds, www.parklanechambers.co.uk