Ask the Expert: Your Working at Height Safety Questions Answered

Working at height remains one of the leading causes of workplace fatalities and serious injuries in the UK. Whether you’re an employer, employee, or property owner, understanding the regulations and best practices is essential for ensuring safety. In this article, we’re answering your questions about working at height to ensure you’re well equipped to stay safe and compliant.

For convenience, we’ve grouped your questions into sections to help you quickly locate the information you need, and to highlight any potential related questions.

Understanding the Basics

Is there a specific height that triggers the working at height regulations?

No, there is no minimum height specified in the UK’s Work at Height Regulations 2005. The regulations apply to all work at height where there is a risk of falling that could cause personal injury. This could be as little as standing on a footstool or as high as working on a skyscraper. The focus is on the risk of injury from a fall, not the specific height involved.

Does working at height only mean being high up, or does it also cover working at ground level where you could fall into a hole?

Working at height isn’t just about being elevated. The regulations define it as work in any place where a person could fall a distance liable to cause personal injury. This includes:

• Working on a ladder or scaffold
• Working on a roof
• Working near an open edge
• Working near a fragile surface (like a skylight)
• Working above ground/floor level
• Working where you could fall into an opening in a floor or a hole in the ground

So yes, working near excavations, pits, or openings where you could fall in is definitely covered by the regulations.

If I’m on a short stepladder to reach something low down, do the regulations still apply?

Yes, the Work at Height Regulations apply regardless of the height of the ladder or the task duration. Even if you’re just using a small stepladder to reach a shelf, the regulations still apply. You should conduct a risk assessment and ensure the ladder is suitable, stable, and used correctly.

Legal Obligations and Responsibilities

What are my employer’s legal obligations regarding working at height? Do they have to provide training or specific equipment?

Employers have several legal obligations under the Work at Height Regulations 2005:

• Avoid work at height where reasonably practicable
• When work at height cannot be avoided, prevent falls using either an existing place of work that is already safe or the right type of equipment
• Minimise the consequences of a fall where the risk cannot be eliminated
• Undertake a risk assessment for all work at height
• Plan and organise all work at height properly
• Ensure workers are properly trained and competent
• Ensure equipment is appropriate and regularly inspected
• Consider risks from fragile surfaces
• Control risks from falling objects

Yes, employers must provide appropriate training and equipment. The level of training will depend on the complexity and risk of the tasks involved.

As an employee, what are my responsibilities when working at height? Can I refuse to do something if I think it’s unsafe?

As an employee, you have responsibilities under both the Health and Safety at Work Act 1974 and the Work at Height Regulations 2005:

• Take reasonable care of your own safety and that of others
• Cooperate with your employer on health and safety matters
• Properly use the equipment provided
• Follow the training and instructions you’ve been given
• Report any safety hazards or defective equipment to your employer

If you genuinely believe that work is unsafe, you have the right to refuse to carry it out under Section 44 of the Employment Rights Act 1996. This protects you from being treated unfairly (including dismissal) if you refuse to work in circumstances where you reasonably believe there is serious and imminent danger. However, you should:

1. Explain your concerns to your supervisor or manager
2. Be clear about the specific safety issues
3. Be willing to perform the task once appropriate safety measures are in place

If I hire a contractor to do work at height on my property, who is responsible for their safety?

This depends on who has control of the work. Under the Construction (Design and Management) Regulations 2015:

• If you’re a domestic client (homeowner), the contractor will normally take on your duties under the regulations
• If you’re a commercial client, you have duties to ensure suitable arrangements for managing the project
• The contractor has the primary responsibility for the safety of their workers
• If you direct how work should be done or provide equipment, you may take on additional responsibilities

Even for domestic clients, you should still ensure you hire competent contractors and not ask them to work in obviously unsafe conditions.

Do I need any special licenses or qualifications to work at height in the UK? If so, in what instances would they be required?

There is no general licence required for working at height, but specific tasks or industries may require qualifications:

• Scaffolding – Workers should have appropriate CISRS (Construction Industry Scaffolders Record Scheme) training
• Powered access equipment – IPAF (International Powered Access Federation) certification is widely recognised
• Rope access work – IRATA (Industrial Rope Access Trade Association) qualifications are the standard
• Steeplejack work – CSCS (Construction Skills Certification Scheme) cards specific to steeplejack work

For general ladder use and basic work at height, formal qualifications aren’t legally required, but appropriate training is. The level of training should be proportionate to the risks involved. For most businesses, our Working at Height training will ensure that you are both compliant, and well equipped to ensure safety at work.

Planning and Risk Assessment

How should work at height be planned to ensure it is safe? Is there a specific set of steps that I can follow to ensure everyone’s safety?

Planning work at height should follow these key steps:

1. Avoid working at height if possible – Could the work be done from ground level (e.g., using extendable tools)?
2. Conduct a thorough risk assessment – Identify hazards, who might be harmed, and how to control the risks
3. Select the most appropriate equipment following the hierarchy of control:
   • Working platforms (scaffolds, mobile elevating work platforms)
   • Collective protection (guardrails, toe boards)
   • Personal protection (work restraint, fall arrest systems)
   • Ladders (only for low-risk, short-duration tasks)
4. Develop a clear method statement that includes:
   • Equipment needed
   • Safety measures
   • Sequence of work
   • Rescue procedures
5. Check competence – Ensure all workers are trained and competent for their roles
6. Inspect equipment before use
7. Consider emergency procedures – How would you rescue someone who falls and is suspended in a harness?
8. Brief all workers on the methods and risks
9. Supervise appropriately – The level of supervision should reflect the risk and the workers’ experience
10. Review regularly – Monitor the work and adjust plans if necessary

What should happen if a risk assessment identifies significant dangers? Can the work still go ahead?

If significant risks are identified, the following should happen:

1. First, try to eliminate the risk by avoiding work at height altogether
2. If that’s not possible, implement additional control measures to reduce the risk to an acceptable level
3. If risks remain high despite all reasonable precautions, you may need to consider alternative methods

The work can only proceed if the remaining risk is as low as reasonably practicable (ALARP). Sometimes this means using different equipment, increasing supervision, or bringing in specialists.

Remember, employers have a legal duty to ensure the safety of workers. If adequate controls cannot be implemented, the work should not proceed until safe methods can be established.

What factors should be considered when planning work at height? Do I need to consider the weather conditions or the stability of the surface?

Key factors to consider include:

Environmental conditions:

• Wind speed (particularly important for lightweight equipment)
• Rain, ice, or snow (creating slip hazards)
• Temperature (affecting worker comfort and concentration)
• Lightning risk
• Visibility (fog, darkness)

Work surface:

• Stability and strength
• Slip/trip hazards
• Fragile surfaces (roofs with skylights, etc.)
• Gradient/slope

Other factors:

• Duration of the task
• Complexity of the work
• Physical demands on workers
• Proximity to electrical hazards
• Access and egress routes
• Emergency rescue arrangements
• Experience and capability of workers
• Adequacy of the equipment
• Presence of members of the public
• The condition and suitability of existing structures

Equipment and Practical Safety Measures

What types of equipment are considered safe for working at height? Are some types preferred over others?

The Work at Height Regulations establish a hierarchy of equipment preference, from most to least preferred:

1. Existing safe place of work – An already safe high-level workplace with permanent guardrails, etc.

2. Collective protection equipment:

• Fixed scaffolding
• Mobile elevating work platforms (MEWPs)
• Tower scaffolds
• Podium steps
• Guard rails and toe boards
• Stair towers

3. Personal protection equipment:

• Work positioning systems (allowing hands-free working)
• Restraint systems (preventing access to a fall hazard)
• Fall arrest systems (harnesses with lanyards or inertia reels)
• Safety nets
• Airbags

4. Ladders and stepladders – Only for low-risk, short-duration work (typically less than 30 minutes)

The preference is always for collective protection (which protects everyone) over personal protection (which only protects the individual wearing/using it).

When is it necessary to use personal protective equipment (PPE) like harnesses and safety nets?

Personal fall protection systems should be used when:

• Collective protection methods are not reasonably practicable
• There remains a risk of falling after other control measures have been implemented
• During the installation or removal of collective protection systems
• For short-duration specialist tasks where collective protection would be disproportionate

The specific type of personal protection depends on the situation:

• Work restraint systems (preventing access to a fall hazard) are preferable to fall arrest systems
• Fall arrest systems (harnesses with energy-absorbing lanyards) should only be used where falls cannot be prevented
• Safety nets and airbags provide collective fall arrest protection for multiple workers

Remember that when using fall arrest systems, you must have a rescue plan in place to quickly retrieve a fallen worker to prevent suspension trauma.

Are there different rules for working at height indoors versus outdoors?

The fundamental regulations are the same for both indoor and outdoor work, but each environment presents different challenges:

Outdoor considerations:

• Weather conditions (wind, rain, ice, heat)
• Changing light conditions
• Uneven ground affecting equipment stability
• Potential for public access
• Environmental hazards (overhead power lines, etc.)

Indoor considerations:

• Confined spaces limiting equipment choices
• Fixed obstacles (lights, ducts, etc.)
• Limited headroom
• Floor loading capacity
• Ventilation (especially if using powered equipment)

While the regulations don’t differ, your risk assessment and control measures should address the specific challenges of the environment.

Compliance and Enforcement

What are the potential penalties for employers who don’t comply with the working at height regulations?

Non-compliance can result in serious consequences:

• Improvement notices requiring changes within a specified timeframe
• Prohibition notices stopping work activities immediately
• Fines – There is no upper limit on fines for health and safety offences. Courts can impose substantial fines based on company turnover
• Imprisonment – Directors and managers can face up to two years in prison for serious breaches
• Disqualification from being a company director
• Reputational damage and increased insurance premiums

Recent sentencing guidelines have significantly increased fines, with many companies now receiving fines in the hundreds of thousands or even millions of pounds for serious breaches.

What can I do if I have concerns about unsafe working at height practices in my workplace?

If you have concerns, take these steps:

1. Speak to your supervisor or manager first
2. If that doesn’t resolve the issue, speak to your:
   • Health and safety representative
   • Trade union representative (if applicable)
   • Company health and safety officer
3. Use your company’s formal health and safety reporting procedure

If internal reporting doesn’t resolve the issue:

4. Contact the Health and Safety Executive (HSE) by:
   • Calling their concerns line: 0300 003 1647
   • Reporting online: www.hse.gov.uk/contact/concerns.htm

You can report concerns anonymously if you’re worried about repercussions. Remember that workers are protected from detrimental treatment (including dismissal) for raising genuine health and safety concerns under the Employment Rights Act 1996.

Special Cases and Misconceptions

Is periodic inspection of equipment required by law? How often should equipment be checked?

Yes, inspection is legally required under the Work at Height Regulations:

• Pre-use checks – Visual inspection by the user before each use
• Detailed visual inspection – By a competent person at regular intervals (typically weekly for scaffolding)
• Thorough examination – More comprehensive inspection:
  • For most equipment: at least every 6-12 months
  • For personal fall protection: at least every 6 months
  • After any circumstance that might affect safety (damage, exceptional strain, long period without use)

Records of thorough examinations must be kept until the next examination is recorded.

Is it true that ladders are banned for working at height?

Contrary to popular belief, ladders are not banned. However, they should only be used:

• For low-risk, short-duration work (typically less than 30 minutes)
• Where a risk assessment shows that using more suitable equipment is not justified
• Where the task allows the user to maintain three points of contact (both feet and one hand) with the ladder

When using ladders:

• They must be secured where possible
• They should rest on firm, level ground
• The correct type and grade of ladder should be selected
• They should be inspected before use
• Users should be trained in their safe use

Is it true that there are special considerations which apply to working on roofs?

Roof work is high-risk and requires specific precautions:

• Fragile surfaces (such as fibre cement sheets, roof lights, and old roof coverings) must be identified
• Warning signs should be displayed
• Safe access routes to and across the roof must be established
• Edge protection should be installed
• Crash decks or safety nets may be required beneath fragile areas
• Fall restraint or arrest systems might be needed
• Weather conditions must be monitored
• Emergency procedures should be established

A specific risk assessment for roof work is essential, and only competent workers should be involved.

Conclusion

Working at height safely is a matter of proper planning, risk assessment, equipment selection, and training. By following the Work at Height Regulations 2005 and implementing appropriate safety measures, the risks can be significantly reduced.

Remember the hierarchy of controls:

1. Avoid working at height if possible
2. Prevent falls through collective protection
3. Minimise fall distances and consequences
4. Train and supervise workers

Ensure your workforce receives clear instruction on the safe use of ladders and stepladders with our accredited Working at Height: Ladder and Stepladder Training Course.

For further guidance, the HSE website (www.hse.gov.uk) provides detailed information on working at height, including industry-specific advice.