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The Work at Height Regulations 2005

2005 No. 735
The Work at Height Regulations 2005
Laid before Parliament 16th March 2005
ARRANGEMENT OF REGULATIONS
2. Interpretation
4. Organisation and planning
6. Avoidance of risks from work at height
8. Requirements for particular work equipment
10. Falling objects
12. Inspection of work equipment
14. Duties of persons at work
16. Exemption for the armed forces
18. Repeal of section 24 of the Factories Act 1961
SCHEDULE 1
ACCESS OR EGRESS AT HEIGHT
REQUIREMENTS FOR GUARD-RAILS, TOE-BOARDS, BARRIERS AND
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REQUIREMENTS FOR WORKING PLATFORMS
REQUIREMENTS FOR ALL WORKING PLATFORMS
ADDITIONAL REQUIREMENTS FOR SCAFFOLDING
REQUIREMENTS FOR COLLECTIVE SAFEGUARDS FOR ARRESTING FALLS
REQUIREMENTS FOR PERSONAL FALL PROTECTION SYSTEMS
REQUIREMENTS FOR ALL PERSONAL FALL PROTECTION SYSTEMS
ADDITIONAL REQUIREMENTS FOR WORK POSITIONING SYSTEMS
ADDITIONAL REQUIREMENTS FOR ROPE ACCESS AND POSITIONING
PART 4
PART 5
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
The Secretary of State, in the exercise of the powers conferred on him by sections 15(1), (2),
Schedule 3 to, the Health and Safety at Work etc. Act 1974(a) (“the 1974 Act”) and for the
Safety Commission under section 11(2)(d) of the 1974 Act, after the carrying out by the said
following Regulations:
16 respectively. The general purposes of Part I of the 1974 Act were extended by section 1(1) of the Offshore Safety Act
of the Police (Health and Safety) Act 1997 (c.42).
Citation and commencement
force on 6th April 2005.
2.—(1) In these Regulations, unless the context otherwise requires—
“access” and “egress” include ascent and descent;
(Health, Safety and Welfare) Regulations 1996(a);
loading were to be applied to it;
“line” includes rope, chain or webbing;
Regulations 1999(b);
(a) a fall prevention, work restraint, work positioning, fall arrest or rescue system, other than
(b) rope access and positioning techniques;
safety of any person;
(a) work in any place, including a place at or below ground level;
permanent workplace,
liable to cause personal injury;
work (whether exclusively or not) and includes anything to which regulation 8 and Schedules
“working platform”—
place of work;
gantry and stairway which is so used.
include reference to its being kept in a form—
(b) which is secure from loss or unauthorised interference.
3.—(1) These Regulations shall apply—
(a) S.I. 1996/1592, to which there are amendments not relevant to these Regulations.
4
the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order
(2) The requirements imposed by these Regulations on an employer shall apply in relation to
(a) by an employee of his; or
(3) The requirements imposed by these Regulations on an employer shall also apply to—
(i) by him; or
(b) to any person other than a self-employed person, in relation to work by a person under his
(4) Regulations 4 to 16 of these Regulations shall not apply to or in relation to—
ship-board activities of a ship’s crew which—
(ii) are not liable to expose persons at work other than the master and crew to a risk to
(b) a place specified in regulation 7(6) of the Docks Regulations 1988(b) where persons are
(c) a place specified in regulation 5(3) of the Loading and Unloading of Fishing Vessels
(d) the provision of instruction or leadership to one or more persons in connection with their
activities.
the Offshore Installations and Wells (Design and Construction, etc) Regulations 1996(d) apply to
(6) In this regulation—
(b) “climbing” includes traversing, abseiling or scrambling over natural terrain or man-made
(c) “ship” includes every description of vessel used in navigation, other than a ship which
Organisation and planning
(a) properly planned;
(c) carried out in a manner which is so far as is reasonably practicable safe,
(a) S.I. 2001/2127.
(c) S.I. 1988/1656.
5
rescue.
conditions do not jeopardise the health or safety of persons involved in the work.
emergency services are acting in an emergency.
5. Every employer shall ensure that no person engages in any activity, including organisation,
unless he is competent to do so or, if being trained, is being supervised by a competent person.
6.—(1) In identifying the measures required by this regulation, every employer shall take
(2) Every employer shall ensure that work is not carried out at height where it is reasonably
(3) Where work is carried out at height, every employer shall take suitable and sufficient
cause personal injury.
(a) his ensuring that the work is carried out—
(ii) (in the case of obtaining access or egress) using an existing means,
and under appropriate ergonomic conditions; and
sub-paragraph (a), his providing sufficient work equipment for preventing, so far as is
(5) Where the measures taken under paragraph (4) do not eliminate the risk of a fall occurring,
(a) so far as is reasonably practicable, provide sufficient work equipment to minimise—
(ii) where it is not reasonably practicable to minimise the distance, the consequences,
(b) without prejudice to the generality of paragraph (3), provide such additional training and
reasonably practicable, any person falling a distance liable to cause personal injury.
7.—(1) Every employer, in selecting work equipment for use in work at height, shall—
(b) take account of—
work equipment is to be used;
(iii) the distance and consequences of a potential fall;
(iv) the duration and frequency of use;
(vi) any additional risk posed by the use, installation or removal of that work equipment
(vii) the other provisions of these Regulations.
(a) has characteristics including dimensions which—
loadings; and
(b) is in other respects the most suitable work equipment, having regard in particular to the
Requirements for particular work equipment
(a) a guard-rail, toe-board, barrier or similar collective means of protection, Schedule 2 is
(b) a working platform—
(ii) where scaffolding is provided, Part 2 of Schedule 3 is also complied with;
fall protection system, Schedule 4 is complied with;
(i) in the case of a work positioning system, Part 2 of Schedule 5;
(iii) in the case of a fall arrest system, Part 4 of Schedule 5;
are complied with; and
Fragile surfaces
from or near, a fragile surface where it is reasonably practicable to carry out work safely and
(2) Where it is not reasonably practicable to carry out work safely and under appropriate
surface, every employer shall—
coverings, guard rails or similar means of support or protection are provided and used so
(b) where a risk of a person at work falling remains despite the measures taken under the
the distances and consequences of his fall.
surface, every employer shall ensure that—
to the place where the fragile surface is situated; or
(b) where that is not reasonably practicable, such persons are made aware of it by other
(4) Paragraph (3) shall not apply where members of the police, fire, ambulance or other
Falling objects
and sufficient steps to prevent, so far as is reasonably practicable, the fall of any material or
(2) Where it is not reasonably practicable to comply with the requirements of paragraph (1),
falling material or object which is liable to cause personal injury.
circumstances where it is liable to cause injury to any person.
risk to any person arising from the collapse, overturning or unintended movement of such
Danger areas
ensure that—
risk of any person at work—
(ii) being struck by a falling object,
practicable equipped with devices preventing unauthorised persons from entering such
(b) such area is clearly indicated.
12.—(1) This regulation applies only to work equipment to which regulation 8 and Schedules 2
(2) Every employer shall ensure that, where the safety of work equipment depends on how it is
been inspected in that position.
deterioration which is liable to result in dangerous situations is inspected—
(b) each time that exceptional circumstances which are liable to jeopardise the safety of the
to ensure that health and safety conditions are maintained and that any deterioration can be
(4) Without prejudice to paragraph (2), every employer shall ensure that a working platform—
(b) from which a person could fall 2 metres or more,
working platform, inspected on the site, within the previous 7 days.
(5) Every employer shall ensure that no work equipment, other than lifting equipment to which
1998(a) (“LOLER”) applies—
(b) if obtained from the undertaking of another person, is used in his undertaking,
under this regulation has been carried out.
and, subject to paragraph (8), kept until the next inspection under this regulation is recorded.
shall—
report containing the particulars set out in Schedule 7; and
person on whose behalf the inspection was carried out.
thereof—
and
(9) Where a thorough examination has been made of lifting equipment under regulation 9 of
(a) it shall for the purposes of this regulation, other than paragraphs (7) and (8), be treated as
(b) the making under regulation 10 of LOLER of a report of such examination shall for the
(10) In this regulation“inspection”, subject to paragraph (9)—
for safety purposes;
and “inspected” shall be construed accordingly.
13. Every employer shall so far as is reasonably practicable ensure that the surface and every
checked on each occasion before the place is used.
14.—(1) Every person shall, where working under the control of another person, report to that
safety of himself or another person.
height by his employer, or by a person under whose control he works, in accordance with—
received by him; and
9
person in compliance with the requirements and prohibitions imposed upon that employer
Exemption by the Health and Safety Executive
certificate in writing, exempt—
(b) any premises or class of premises;
(d) any work activity,
may be granted subject to conditions and to a limit of time and may be revoked at any time by a
(2) The Executive shall not grant any such exemption unless, having regard to the circumstances
(a) the conditions, if any, which it proposes to attach to the exemption; and
it is satisfied that the health and safety of persons who are likely to be affected by the exemption
Exemption for the armed forces
national security, by a certificate in writing exempt any person or class of persons from any
interests of national security, and any such exemption may be granted subject to conditions and
(2) The Secretary of State shall not grant any such exemption unless he is satisfied that the
objectives of these Regulations.
17. There shall be added to regulation 6(5) of the Provision and Use of Work Equipment
“(f) work equipment to which regulation 12 of the Work at Height Regulations 2005
Repeal of section 24 of the Factories Act 1961
(a) S.I. 1998/2306, to which there are amendments not relevant to these Regulations.
10
19. The instruments specified in column 1 of Schedule 8 are revoked to the extent specified in
Signed by authority of the Secretary of State
Minister of State,
11
REQUIREMENTS FOR EXISTING PLACES OF WORK AND
Every existing place of work or means of access or egress at height shall—
be or is being used;
(c) be of sufficient dimensions to permit the safe passage of persons and the safe use of any
the work to be carried out there;
(e) possess a surface which has no gap—
(ii) through which any material or object could fall and injure a person; or
protect persons against such risk;
reasonably practicable—
(ii) any person being caught between it and any adjacent structure;
inadvertently during work at height.
REQUIREMENTS FOR GUARD-RAILS, TOE-BOARDS, BARRIERS
1. Unless the context otherwise requires, any reference in this Schedule to means of protection is
2. Means of protection shall—
they are being used, and otherwise suitable;
do not become accidentally displaced; and
material or object, from any place of work.
(a) the top guard-rail or other similar means of protection shall be at least 950 millimetres or,
Regulations, at least 910 millimetres above the edge from which any person is liable to
12
material or object, from any place of work; and
gap between it and other means of protection does not exceed 470 millimetres.
protection are attached shall be of sufficient strength and suitable for the purpose of such support
5.—(1) Subject to sub-paragraph (2), there shall not be a lateral opening in means of protection
(2) Means of protection shall be removed only for the time and to the extent necessary to gain
practicable.
compensatory safety measures are in place.
REQUIREMENTS FOR WORKING PLATFORMS
REQUIREMENTS FOR ALL WORKING PLATFORMS
1. In this Schedule, “supporting structure” means any structure used for the purpose of
Condition of surfaces
and of suitable composition safely to support the supporting structure, the working platform and
Stability of supporting structure
(a) be suitable and of sufficient strength and rigidity for the purpose for which it is being
(b) in the case of a wheeled structure, be prevented by appropriate devices from moving
(c) in other cases, be prevented from slipping by secure attachment to the bearing surface or
equivalent effectiveness;
(e) when altered or modified, be so altered or modified as to ensure that it remains stable.
4. A working platform shall—
(a) be suitable and of sufficient strength and rigidity for the purpose or purposes for which it
(b) be so erected and used as to ensure that its components do not become accidentally
(c) when altered or modified, be so altered or modified as to ensure that it remains stable; and
Safety on working platforms
(a) be of sufficient dimensions to permit the safe passage of persons and the safe use of any
the work being carried out there;
working platform has no gap—
(ii) through which any material or object could fall and injure a person; or
protect persons against such risk; and
reasonably practicable—
(ii) any person being caught between the working platform and any adjacent structure.
6. A working platform and any supporting structure shall not be loaded so as to give rise to a
PART
Additional requirements for scaffolding
(a) a note of the calculations, covering the structural arrangements contemplated, is available;
(b) it is assembled in conformity with a generally recognised standard configuration.
plan shall be drawn up by a competent person. This may be in the form of a standard plan,
9. A copy of the plan, including any instructions it may contain, shall be kept available for the
been dismantled.
the work to be performed and suitable for the loads to be carried and permit work and passage in
14
alteration, it shall be marked with general warning signs in accordance with the Health and Safety
preventing access to the danger zone.
supervision of a competent person and by persons who have received appropriate and specific
and precautions to be taken, and more particularly in—
concerned;
(c) measures to prevent the risk of persons, materials or objects falling;
the safety of the scaffolding concerned;
(f) any other risks which the assembly, dismantling or alteration of the scaffolding may
SCHEDULE 4 Regulation 8(c)
ARRESTING FALLS
2. A safeguard shall be used only if—
practicable be performed safely while using it and without affecting its effectiveness;
(c) a sufficient number of available persons have received adequate training specific to the
3. A safeguard shall be suitable and of sufficient strength to arrest safely the fall of any person
4. A safeguard shall—
required anchors, and the anchors and the means of attachment thereto shall be suitable
loading in arresting any fall and during any subsequent rescue;
(c) in the case of a safeguard which distorts in arresting a fall, afford sufficient clearance.
a fall by any person the safeguard does not itself cause injury to that person.
15
REQUIREMENTS FOR PERSONAL FALL PROTECTION SYSTEMS
REQUIREMENTS FOR ALL PERSONAL FALL PROTECTION SYSTEMS
(a) a risk assessment has demonstrated that—
system; and
(b) the user and a sufficient number of available persons have received adequate training
2. A personal fall protection system shall—
regard to the work being carried out and any foreseeable loading;
(c) be correctly fitted;
the user falling or slipping from it, should a fall occur; and
the user.
to at least one anchor, and each anchor and the means of attachment thereto shall be suitable and
4. Suitable and sufficient steps shall be taken to prevent any person falling or slipping from a
PART 2
A work positioning system shall be used only if either—
(b) where the system includes a line as a backup system, the user is connected to it; or
measures are taken to ensure that the work positioning system does not fail.
ADDITIONAL REQUIREMENTS FOR ROPE ACCESS AND POSITIONING
1. A rope access or positioning technique shall be used only if—
(a) subject to paragraph 3, it involves a system comprising at least two separately anchored
and the other is the safety line;
the safety line;
system to prevent the user falling should he lose control of his movements; and
travels with the user of the system.
and the ergonomic constraints, provision must be made for a seat with appropriate accessories.
(a) a risk assessment has demonstrated that the use of a second line would entail higher risk
(b) appropriate measures have been taken to ensure safety.
ADDITIONAL REQUIREMENTS FOR FALL ARREST SYSTEMS
forces applied to the user’s body.
(a) which involves the risk of a line being cut;
not afford such zone; or
PART 5
A work restraint system shall—
which a fall can occur; and
SCHEDULE 6 Regulation 8(e)
1. Every employer shall ensure that a ladder is used for work at height only if a risk assessment
work equipment is not justified because of the low risk and—
(b) existing features on site which he cannot alter.
2. Any surface upon which a ladder rests shall be stable, firm, of sufficient strength and of
any loading intended to be placed on it.
4. A suspended ladder shall be attached in a secure manner and so that, with the exception of a
5. A portable ladder shall be prevented from slipping during use by—
(b) an effective anti-slip or other effective stability device; or
6. A ladder used for access shall be long enough to protrude sufficiently above the place of
handhold.
moving relative to each other while in use.
9. Where a ladder or run of ladders rises a vertical distance of 9 metres or more above its base,
areas or rest platforms.
(a) a secure handhold and secure support are always available to the user; and
ladder, the maintenance of a handhold is not practicable when a load is carried, and a risk
use of a stepladder is justified because of—
(ii) the short duration of use.
PARTICULARS TO BE INCLUDED IN A REPORT OF INSPECTION
2. The location of the work equipment inspected.
4. The date and time of the inspection.
person.
7. Details of any further action considered necessary.
18
REVOCATION OF INSTRUMENTS
Description of instrument
Reference
Extent of revocation
Regulations 1960
amended by S.I.
1998/2307
The Docks, Shipbuilding etc.
S.I. 1983/644 In the Schedule the entries relating to
Shipbuilding and Ship-repairing
The Docks Regulations 1988 S.I. 1988/1655 Regulation 7(4) and (5); in
any other place not being a quay or
passing might fall a distance of more
The Loading and Unloading of
1988
any other place not being a quay
might fall a distance of more than
The Workplace (Health, Safety
S.I. 1992/3004 Regulation 13(1) to (4)
Safety and Welfare) Regulations
S.I.1996/1592 In regulation 2(1), the definitions of
suspension equipment” and
8; in regulation 29(2) the word
regulation 30(5) and (6)(a);
mentioned in columns 1 and 2 of
19
(This note is not part of the Regulations)
certain exceptions including by instructors or leaders in recreational climbing and caving.
European Parliament and of the Council (OJ No L195, 19.7.2001, p.46), amending Council
requirements for the use of work equipment by workers at work. They contain additional
Council Directives 89/391/EEC (OJ No L393, 30.12.89, p.1) concerning the minimum safety and
implementation of minimum health and safety requirements at temporary or mobile construction
3. The Regulations—
(b) require that persons at work be competent, or supervised by competent persons
(c) prescribe steps to be taken to avoid risk from work at height (regulation 6 and Schedule
(d) impose duties relating to the selection of work equipment (regulation 7);
6);
areas (regulations 9 to 11);
(regulations 12 and 13 and Schedule 7);
(i) provide for exemptions from certain provisions (regulations 15 and 16); and
4. A full regulatory impact assessment of the effect that this instrument will have on the costs of
Southwark Bridge, London SE1 9HS. A Transposition Note in relation to the implementation of
address. Copies of both these documents have been placed in the Library of each House of
£3.00
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