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It is now seven months since the new work at height regulations came into force, and it seems that in spite of the lengthy consultation process and the time the regulations have had to ‘settle in’ there are still concerns and the HSE is still having to take steps to reassure people.
One method being used to increase knowledge of the regulations and what they mean will be this month’s Ladders Week which runs from the 14th to the 18th. The week is just part of an ongoing initiative, during which HSE inspectors will meet with ladder users and their employers, look at the way ladders are currently being used and suggest any sensible measures that could be taken to improve safety. A measure of how importantly the HSE takes the whole issue of ladders is that it is planing similar initiatives in May 2006 and 2007.
Although it was concerns about how the regulations would affect ladder use that has attracted the most attention, the HSE is of course taking steps to promote safe working at height generally. An example of this was when it joined forces with Dulux Decorator Centres in September to help promote a better understanding of the regulations, together with offering advice on the most suitable equipment for specific decorating jobs. Clearly having established a single set of regulations for working at height the priority now is to make sure they are acted on and that any lingering confusion is eradicated.
The new regulations bring UK standards in line with the European Council Directive 2001/45/EC. The HSC published its Consultative Document in December 2003, and following a fair amount of debate and analysis the final version of the regulations were agreed by the HSC in January this year.
Elizabeth Gibby, Head of the Health and Safety Executive’s Injuries Reduction Programme explained the motivation behind the new regulations and the goals they hoped to achieve: “In 2003/4 falls from height accounted for 67 fatal accidents at work and nearly 4000 major injuries. They remain the biggest cause of workplace deaths and one of the biggest causes of major injury.”
Gibby also pointed out what the Regulations actually meant in terms of how they affected the way work at height is carried out: “Some in the construction industry are concerned about what the regulations mean for standards of work above two metres. These regulations are aimed at maintaining and improving standards for all work at height. Standards for work above two metres will not change, they are simply being extended to work at any height.”
What the new regulations really do is consolidate the previous rules and take into account the fact that falls from below two metres are actually the cause of more major injuries than falls from greater height.
What the regulations require is that duty holders make sure work at height is correctly planned and organised, that any one working at height is competent, that the risks of any work at height have been properly assessed to make sure the right equipment is being used, they must also make sure that the risks from fragile surfaces are properly controlled and that equipment for work at height is properly inspected and maintained.
The HSE has been at pains to point out that anyone who was following good practice for work at height before the regulations came in should already be doing enough to comply with the regulations anyway. Though as the new regulations are in fact a clarified and refined version of previous rules it is well worth paying good attention to them.
The core procedure for complying with the regulations is quite simple: Avoid work at height where possible; when working at height is essential use work equipment or other measures to prevent falls; and where the risk of falling cannot be eliminated use work equipment to minimise the distance and consequences should a fall occur.
In practical terms this means using guardrails and working platforms to prevent falls and nets and airbags to lessen the harm falls might do. In the case of the window cleaner and his ladder it might mean considering using a hose and pole arrangement from ground level, or cleaning equipment that can be operated from inside the building.
Even after the consultation period and the introduction of the regulations the concern that window cleaners wouldn’t be able to use ladders continued. On September 9th Ian Greenwood, Head of the HSE Falls From Height Programme appeared on Newsnight to try and clarify how ladders were affected. “ HSE champions sensible health and safety,” he claimed. “These regulations do not ban ladders but say that they should be used only when all other safer alternatives for work at height have been ruled out. A risk assessment must show that the task is low risk and of short duration, or that there are site features that mean that other equipment is not appropriate. If so then ladders can be used.”
Although a move to more modern methods of working at height may make things a little safer, in the end it is the training and awareness of the people actually doing the work that can make all the difference, and heights will always present some danger. Only last month the HSE had to issue a warning on the possible dangers of mobile elevating work platforms - they can trap users against overhead and adjacent objects, often this is because they have become pushed against the controls and become unable to change the platform’s direction of travel.
Signs of the HSE’s intention of enforcing the new regulations are already clear, in September a company was fined £3,500 after a breach of the regulations. In April, just a week after the rules came into force employees of the contractor salvaged tiles from a building that was due for demolition, they used an unsecured ladder to access a pitched roof and started to strip the roof with no risk assessment and no safety provision. The company was found guilty of breaching sections 4(1), 5 and 6(3) of the Work at Height Regulations 2005.
It is likely that in the coming months more court cases will highlight the importance that is being placed on following the regulations, and the advantages of understanding what they require.
Using Ladders, Staying Within the Regulations.
• Only use ladders for low risk, short duration tasks, or where the existing features of the site cannot be altered.
• If using a ladder make sure it cannot slip. Tie it at the top, have someone hold it at the base, or use a suitable stability device to prevent it from slipping. If the ladder is over 5 metres long a person at the base is unlikely to be able to stop it slipping.
• Place the ladder on a firm, stable surface which is of a suitable strength to keep the rungs horizontal.
• Consider using attachments, such as an adjustable ladder leveller, or a stand spreader bar.
• Set the ladder at the correct angle. It should be angled out one measure for every four up (75degrees).
• Use a ladder that is, or can be extended to the correct length and don’t work from the top three rungs of the ladder. Make sure the ladder protrudes sufficiently above the place of landing to which it provides access, three rungs or 1 metre should be enough.
• Check the Ladder for defects, and make sure it is only used by people who know how to use it correctly.
The Work at Height Regulations 2005 Information On-line
The full regulations are available at:
www.opsi.gov.uk/si/si2005/20050735.htm
The HSE’s brief guide to the regulations:
www.hse.gov.uk/pubns/indg401.pdf
An HSE question and answer brief on the regulations for the construction industry:
www.hse.gov.uk/construction/pdf/fallsqa.pdf
Training pack for Local Authority Inspectors - this is handy for seeing the thinking behind the enforcement of the regulations:
www.hse.gov.uk/falls/downloads/
