Falls from height are the largest cause of death in the workplace. Ed Hodson takes a look at the Work at Height Regulations 2005.
In 2005/06, falls from height resulted in 46 fatal accidents and 3351 major injuries. They remain the single biggest cause of workplace fatalities and serious injuries. In considering falls from height, prosecutions are likely, whilst fatalities and serious injuries are inevitable.
Most readers will be aware of the Work at Height Regulations 2005 (WAHR 2005) following the nationwide height awareness events sponsored by the Health and Safety Executive (HSE) and industry bodies. Unfortunately, one of those who claimed to be unaware of the minimum legal requirements for working at height was Christopher Lucas, who was fined following the death of Steven Sinclair who fell 11 metres to the ground when installing replacement windows.
Incidents of naivety or negligence continue, and should concern all employers, especially those reliant on contracted labour.
A recent example occurred in Hull, where a major plc was undergoing a premises refit by a respected construction company. The company subsequently subcontracted out part of the work. Two contractors were working on a partially erected scaffold approximately four metres high without any fall protection. It was also exposed to the public. Had a serious accident taken place, who would have been liable – the principal contractor, the subcontractor or the plc?
The answer is potentially all three, under the Health and Safety at Work Act S2 (1) and S3(2). In R v The Science Museum and HSE v Garrick Engineering, both prosecutions were successful even though no accident occurred. In the latter, fines and costs of £7145 were incurred. Criminal charges were brought by the HSE after two teenage employees were found standing 2.5 metres in the air on a pallet on the forks of a lift truck. Garrick Engineering was charged under Regulation 6(3) of the WAHR 2005 after failing to take suitable measures to prevent people falling a distance liable to cause personal injury. According to the HSE: “The young men risked death or serious injury.” In Hull, no accident occurred and a call to the principal contractor was effective.
In June 2006, HSE inspectors visited 19 sites and stopped work on 17 occasions because people were at risk of falling and sustaining serious injuries. Some employees were at risk of falling through fragile materials such as suspended ceilings.
A tall order
Regulation 2 describes a place as at height “if a person could be injured falling from it, even if it is at or below ground level.”
The Employers’ Duties in Regulation 6(3) are concerned with the overriding principle that you must do everything practicable to prevent anyone falling. This can be achieved through the following hierarchies:
- avoid work at height where possible;
- use work equipment or other measures to prevent falls;
- where working at height cannot be avoided and you cannot eliminate the risk, use equipment or other measures to minimize the distance and consequences of a fall.
The regulations specifically require duty holders to ensure all work at height is properly organised and supervised.
Take account of risk assessments required under the Management Regulations. These should refer to relevant factors included below, whilst a detailed method statement should demonstrate that the work has been planned and equipment to be used is suitable:
- take weather conditions into account, postponing work if necessary;
- those involved in work at height should be trained and competent;
- the place of work at height should be safe;
- equipment must be inspected;
- the risks from fragile surfaces need to be controlled;
- the risks from falling objects should be controlled.
- report any safety hazard;
- use the equipment supplied;
- follow training and instructions (unless unsafe, in which case seek instructions before continuing).
A detailed method statement should demonstrate that the work has been planned and equipment to be used is suitable.
Under Regulation 5, everyone involved must be competent or, if being trained, supervised by a competent person. This includes those supplying and maintaining equipment.
Where precautions do not eliminate the risk of a fall, you must inform those who are working of how they can best avoid falling and how to minimise injury should they fall.
Well equipped
Equipment, temporary structures and safety features are considered in Regulations 6-8 and 12. When selecting equipment, you must use that which is most suitable and collective protection measures such as guard rails are necessary to override personal protection such as safety harnesses.
Chief inspector
‘Inspection’ refers to rigorous examination by a competent person. You must ensure that each place where work is to be done at height is checked on every occasion. Check surfaces, parapets, permanent rails, etc, before using any equipment from another source and bear in mind that a record of the last inspection is required before any equipment leaves your site. Any access platforms must be inspected before use. You must keep the report of a platform inspection for three months and retain all other records until the next inspection is completed.
Fragile – do not touch
Fragile surfaces are too frequently responsible for deaths and serious injuries and, to comply with Regulation 9, you must ensure that no one working under your control goes onto or near a fragile surface unless that is the only reasonably practicable way for the employee to carry out the work safely.
If anyone does work on or near a fragile surface, you must ensure suitable platforms, coverings and guardrails are used to minimise the risk. If anyone working under your control must go onto or near a fragile surface, make them aware of the danger with warning notices as they approach the danger zone.
The fall
If there is a risk of someone being struck by a falling object or person, you must ensure that the area is clearly marked. You should also prevent unauthorised access to that area and prevent anything from falling, whilst ensuring that nothing is:
- thrown or tipped from height if it is likely to injure anyone;
- stored in such a way that its movement is likely to injure anyone.
Ed Hodson is senior health and safety adviser at law firm Andrew M Jackson. Tel: 01482 325242 or email eh@amj.co.uk
Source
Electrical and Mechanical Contractor
