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New regulations on work at height will
come into force on 6 April 2005, the Health
and Safety Commission (HSC) announced today.
The Work at Height Regulations 2005 consolidate
previous legislation on working at height
and will implement European Council Directive
2001/45/EC concerning minimum safety and
health requirements for the use of equipment
for work at height (the Temporary Work at
Height Directive or TWAHD).
The Regulations will apply to all work
at height where there is a risk of a fall
liable to cause personal injury. They place
duties on employers, the self-employed,
and any person that controls the work of
others to the extent of their control (for
example facilities managers or building
owners who may contract others to work at
height). The Regulations will not apply
to the provision of instruction or leadership
in caving or climbing by way of sport, recreation,
team building or similar activities.
The Regulations will require
duty holders to ensure:
- All work at height is properly planned
and organised.
- Those involved in work at height are
competent.
- The risks from work at height are assessed
and appropriate work equipment is selected
and used.
- The risks from fragile surfaces are
properly controlled.
- Equipment for work at height is properly
inspected and maintained.
- The Regulations include Schedules giving
requirements for existing places of work
and means of access for work at height,
collective fall prevention (e.g. guardrails
and working platforms), collective fall
arrest (e.g. nets, airbags etc), personal
fall protection (e.g. work restraints,
fall arrest and rope access) and ladders.
Elizabeth Gibby, Head of the Health and
Safety Executive’s (HSE’s) Injuries
Reduction Programme, said: “In 2003/4
falls from height accounted for 67 fatal
accidents at work and nearly 4,000 major
injuries. They remain the single biggest
cause of workplace deaths and one of the
biggest causes of major injury. Preventing
falls from height is a central part of HSE’s
Injuries Reduction Programme and these Regulations
will provide the cornerstone for this programme
to improve standards for work at height
and thereby reduce deaths and injuries.
“These Regulations set out a simple
hierarchy for managing and selecting equipment
for work at height. Duty holders must:
- Avoid work at height where they can.
- Use work equipment or other measures
to prevent falls where they cannot avoid
working at height.
- Where they cannot eliminate the risk
of a fall, use work equipment or other
measures to minimise the distance and
consequences of a fall should one occur.”
She added: “The Regulations cover
a wide range of industries and activities
but we have developed some simple messages
which we want to communicate to all industries.
Our key messages are:
- Those following good practice for work
at height now should already be doing
enough to comply with these Regulations.
- Follow the risk assessments you have
carried out for work at height activities
and make sure all work at height is planned,
organised and carried out by competent
persons.
- Follow the hierarchy for managing risks
from work at height - take steps to avoid,
prevent or reduce risks
- Choose the right work equipment and
select collective measures to prevent
falls (such as guardrails and working
platforms) before other measures which
may only mitigate the distance and consequences
of a fall (such as nets or airbags) or
which may only provide personal protection
from a fall.”
HSE will publish a simple guide to the
Regulations. It will also promote the key
messages with industry sectors and encourage
them to review and develop their own specific
guidance and advice for work at height.
The Work at Height Regulations 2005 (S.I.2005
No 735) will be accessible shortly via the
HMSO web site at: www.hmso.gov.uk/si/si20050735.htm
Printed copies are published by The Stationery
Office Ltd (TSO). For further details, please
contact TSO, tel: 0870 6005522; fax: 0870
600 5533; e-mail: customer.services@tso.co.uk
Copies of HSE’s simple guide to the
Regulations will be available shortly and
will be free to download at www.hse.gov.uk
or from HSE Books, PO Box 1999, Sudbury,
Suffolk CO10 2WA, tel: 01787 881165 or fax:
01787 313995.
Notes to Editors
- HSC published a Consultative Document
(CD192) in December 2003, setting out
proposals for the Work at Height Regulations
(see press notice: C068:03 of 4 December
2003 at www.hse.gov.uk/press/2003/c03068.htm).
Following this and a further consultation
on the retention of specific requirements
on work at or above 2 metres the Regulations
were agreed by HSC on 11 January 2005.
The results of these consultations are
available at www.hse.gov.uk/consult/2004.htm).
The Regulations were submitted to the
Department for Work and Pensions on 21
January 2005 for Ministers to sign and
were laid before Parliament on 16 March
2005.
- The Regulations will not apply to the
provision of instruction or leadership
to one or more persons in connection with
their engagement in caving or climbing
by way of sport, recreation, team building
or similar activities. The Temporary Work
at Height Directive applies to all employees
and all sectors; HSC is in discussion
with representatives from this sector
on the development of separate regulations
for these activities. The main Work at
Height Regulations will still apply to
the providers of these activities when
engaged in other work at height activities.
- The Regulations implement Council Directive
2001/45 EC on the minimum safety and health
requirements for the use of work equipment
by workers at work (the Temporary Work
at Height Directive). This is the second
amendment to the Use of Work Equipment
Directive (89/655/EEC).
- The Use of Work Equipment Directive
was significantly updated by the 1 st
amending Directive of (95/63/EC) which
was implemented by the Provision and Use
of Work Equipment Regulations 1998 and
the Lifting Operations and Lifting Equipment
Regulations 1998. The Work at Height Regulations
will mirror these requirements with respect
to the inspection and use of work equipment
for work at height.
- The Regulations repeal Section 24 of
the Factories Act 1961 and make amendments
to:
- The Shipbuilding and Ship-repairing
Regulations 1960 S.I. 1960/1932, amended
by S.I. 1983/644 and 1998/2307
- The Docks, Shipbuilding etc. (Metrication)
Regulations 1983 S.I. 1983/644
- The Docks Regulations 1988, S.I. 1988/1655
- The Loading and Unloading of Fishing
Vessels Regulations 1988 S.I. 1988/1656
- The Workplace (Health, Safety and Welfare)
Regulations 1992 S.I. 1992/3004
- The Construction (Health, Safety and
Welfare) Regulations 1996 S.I.1996/1592
Public Enquiries:
Call HSE's InfoLine, tel: 0845 345 0055,
or write to: HSE InfoLine, Caerphilly Business
Park, Caerphilly CF83 3GG.
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