Made | 16th March 2005 | ||
Laid before Parliament | 16th March 2005 | ||
Coming into force | 6th April 2005 |
1. | Citation and commencement |
2. | Interpretation |
3. | Application |
4. | Organisation and planning |
5. | Competence |
6. | Avoidance of risks from work at height |
7. | Selection of work equipment for work at height |
8. | Requirements for particular work equipment |
9. | Fragile surfaces |
10. | Falling objects |
11. | Danger areas |
12. | Inspection of work equipment |
13. | Inspection of places of work at height |
14. | Duties of persons at work |
15. | Exemption by the Health and Safety Executive |
16. | Exemption for the armed forces |
17. | Amendment of the Provision and Use of Work Equipment Regulations 1998 |
18. | Repeal of section 24 of the Factories Act 1961 |
19. | Revocation of instruments |
SCHEDULE 1 | REQUIREMENTS FOR EXISTING PLACES OF WORK AND MEANS OF ACCESS OR EGRESS AT HEIGHT |
SCHEDULE 2 | REQUIREMENTS FOR GUARD-RAILS, TOE-BOARDS, BARRIERS AND SIMILAR COLLECTIVE MEANS OF PROTECTION |
SCHEDULE 3 | REQUIREMENTS FOR WORKING PLATFORMS |
PART 1 | REQUIREMENTS FOR ALL WORKING PLATFORMS |
PART 2 | ADDITIONAL REQUIREMENTS FOR SCAFFOLDING |
SCHEDULE 4 | REQUIREMENTS FOR COLLECTIVE SAFEGUARDS FOR ARRESTING FALLS |
SCHEDULE 5 | REQUIREMENTS FOR PERSONAL FALL PROTECTION SYSTEMS |
PART 1 | REQUIREMENTS FOR ALL PERSONAL FALL PROTECTION SYSTEMS |
PART 2 | ADDITIONAL REQUIREMENTS FOR WORK POSITIONING SYSTEMS |
PART 3 | ADDITIONAL REQUIREMENTS FOR ROPE ACCESS AND POSITIONING TECHNIQUES |
PART 4 | ADDITIONAL REQUIREMENTS FOR FALL ARREST SYSTEMS |
PART 5 | ADDITIONAL REQUIREMENTS FOR WORK RESTRAINT SYSTEMS |
SCHEDULE 6 | REQUIREMENTS FOR LADDERS |
SCHEDULE 7 | PARTICULARS TO BE INCLUDED IN A REPORT OF INSPECTION |
SCHEDULE 8 | REVOCATION OF INSTRUMENTS |
where, if measures required by these Regulations were not taken, a person could fall a distance liable to cause personal injury;
(2) Any reference in these Regulations to the keeping of a report or copy of a report or plan shall include reference to its being kept in a form -
Application
3.
- (1) These Regulations shall apply -
(2) The requirements imposed by these Regulations on an employer shall apply in relation to work -
(3) The requirements imposed by these Regulations on an employer shall also apply to -
(b) to any person other than a self-employed person, in relation to work by a person under his control, to the extent of his control.
(4) Regulations 4 to 16 of these Regulations shall not apply to or in relation to -
(b) a place specified in regulation 7(6) of the Docks Regulations 1988[5] where persons are engaged in dock operations;
(c) a place specified in regulation 5(3) of the Loading and Unloading of Fishing Vessels Regulations 1988[6] where persons are engaged in fish loading processes; or
(d) 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.
(5) Regulation 11 of these Regulations shall not apply to an installation while regulation 12 of the Offshore Installations and Wells (Design and Construction, etc) Regulations 1996[7] apply to it.
(6) In this regulation -
Organisation and planning
4.
- (1) Every employer shall ensure that work at height is -
and that its planning includes the selection of work equipment in accordance with regulation 7.
(2) Reference in paragraph (1) to planning of work includes planning for emergencies and rescue.
(3) Every employer shall ensure that work at height is carried out only when the weather conditions do not jeopardise the health or safety of persons involved in the work.
(4) Paragraph (3) shall not apply where members of the police, fire, ambulance or other emergency services are acting in an emergency.
Competence
5.
Every employer shall ensure that no person engages in any activity, including organisation, planning and supervision, in relation to work at height or work equipment for use in such work unless he is competent to do so or, if being trained, is being supervised by a competent person.
Avoidance of risks from work at height
6.
- (1) In identifying the measures required by this regulation, every employer shall take account of a risk assessment under regulation 3 of the Management Regulations.
(2) Every employer shall ensure that work is not carried out at height where it is reasonably practicable to carry out the work safely otherwise than at height.
(3) Where work is carried out at height, every employer shall take suitable and sufficient measures to prevent, so far as is reasonably practicable, any person falling a distance liable to cause personal injury.
(4) The measures required by paragraph (3) shall include -
which complies with Schedule 1, where it is reasonably practicable to carry it out safely and under appropriate ergonomic conditions; and
(b) where it is not reasonably practicable for the work to be carried out in accordance with sub-paragraph (a), his providing sufficient work equipment for preventing, so far as is reasonably practicable, a fall occurring.
(5) Where the measures taken under paragraph (4) do not eliminate the risk of a fall occurring, every employer shall -
of a fall; and
(b) without prejudice to the generality of paragraph (3), provide such additional training and instruction or take other additional suitable and sufficient measures to prevent, so far as is reasonably practicable, any person falling a distance liable to cause personal injury.
Selection of work equipment for work at height
7.
- (1) Every employer, in selecting work equipment for use in work at height, shall -
(2) An employer shall select work equipment for work at height which -
(b) is in other respects the most suitable work equipment, having regard in particular to the purposes specified in regulation 6.
Requirements for particular work equipment
8.
Every employer shall ensure that, in the case of -
(c) a net, airbag or other collective safeguard for arresting falls which is not part of a personal fall protection system, Schedule 4 is complied with;
(d) a personal fall protection system, Part 1 of Schedule 5 and -
are complied with; and
(e) a ladder, Schedule 6 is complied with.
Fragile surfaces
9.
- (1) Every employer shall ensure that no person at work passes across or near, or works on, from or near, a fragile surface where it is reasonably practicable to carry out work safely and under appropriate ergonomic conditions without his doing so.
(2) Where it is not reasonably practicable to carry out work safely and under appropriate ergonomic conditions without passing across or near, or working on, from or near, a fragile surface, every employer shall -
(3) Where any person at work may pass across or near, or work on, from or near, a fragile surface, every employer shall ensure that -
(4) Paragraph (3) shall not apply where members of the police, fire, ambulance or other emergency services are acting in an emergency.
Falling objects
10.
- (1) Every employer shall, where necessary to prevent injury to any person, take suitable and sufficient steps to prevent, so far as is reasonably practicable, the fall of any material or object.
(2) Where it is not reasonably practicable to comply with the requirements of paragraph (1), every employer shall take suitable and sufficient steps to prevent any person being struck by any falling material or object which is liable to cause personal injury.
(3) Every employer shall ensure that no material or object is thrown or tipped from height in circumstances where it is liable to cause injury to any person.
(4) Every employer shall ensure that materials and objects are stored in such a way as to prevent risk to any person arising from the collapse, overturning or unintended movement of such materials or objects.
Danger areas
11.
Without prejudice to the preceding requirements of these Regulations, every employer shall ensure that -
which is liable to cause personal injury, the workplace is so far as is reasonably practicable equipped with devices preventing unauthorised persons from entering such area; and
(b) such area is clearly indicated.
Inspection of work equipment
12.
- (1) This regulation applies only to work equipment to which regulation 8 and Schedules 2 to 6 apply.
(2) Every employer shall ensure that, where the safety of work equipment depends on how it is installed or assembled, it is not used after installation or assembly in any position unless it has been inspected in that position.
(3) Every employer shall ensure that work equipment exposed to conditions causing deterioration which is liable to result in dangerous situations is inspected -
to ensure that health and safety conditions are maintained and that any deterioration can be detected and remedied in good time.
(4) Without prejudice to paragraph (2), every employer shall ensure that a working platform -
is not used in any position unless it has been inspected in that position or, in the case of a mobile 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 the requirement in regulation 9(4) of the Lifting Operations and Lifting Equipment Regulations 1998[8] ("LOLER") applies -
unless it is accompanied by physical evidence that the last inspection required to be carried out under this regulation has been carried out.
(6) Every employer shall ensure that the result of an inspection under this regulation is recorded and, subject to paragraph (8), kept until the next inspection under this regulation is recorded.
(7) A person carrying out an inspection of work equipment to which paragraph (4) applies shall -
(8) An employer receiving a report or copy under paragraph (7) shall keep the report or a copy thereof -
(9) Where a thorough examination has been made of lifting equipment under regulation 9 of LOLER -
(10) In this regulation"inspection", subject to paragraph (9) -
and "inspected" shall be construed accordingly.
Inspection of places of work at height
13.
Every employer shall so far as is reasonably practicable ensure that the surface and every parapet, permanent rail or other such fall protection measure of every place of work at height are checked on each occasion before the place is used.
Duties of persons at work
14.
- (1) Every person shall, where working under the control of another person, report to that person any activity or defect relating to work at height which he knows is likely to endanger the safety of himself or another person.
(2) Every person shall use any work equipment or safety device provided to him for work at height by his employer, or by a person under whose control he works, in accordance with -
Exemption by the Health and Safety Executive
15.
- (1) Subject to paragraph (2), the Health and Safety Executive ("the Executive") may, by a certificate in writing, exempt -
from the requirements imposed by paragraph 3(a) and (c) of Schedule 2, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing.
(2) The Executive shall not grant any such exemption unless, having regard to the circumstances of the case and in particular to -
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Exemption for the armed forces
16.
- (1) Subject to paragraph (2), the Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt any person or class of persons from any requirement or prohibition imposed by these Regulations in respect of activities carried out in the interests of national security, and any such exemption may be granted subject to conditions and may be revoked by the Secretary of State by a certificate in writing at any time.
(2) The Secretary of State shall not grant any such exemption unless he is satisfied that the health and safety of the employees concerned are ensured as far as possible in the light of the objectives of these Regulations.
Amendment of the Provision and Use of Work Equipment Regulations 1998
17.
There shall be added to regulation 6(5) of the Provision and Use of Work Equipment Regulations 1998[9] the following sub-paragraph -
Repeal of section 24 of the Factories Act 1961
18.
Section 24 of the Factories Act 1961[10] is repealed.
Revocation of instruments
19.
The instruments specified in column 1 of Schedule 8 are revoked to the extent specified in column 3 of that Schedule.
Signed by authority of the Secretary of State
Jane Kennedy
Minister of State, Department for Work and Pensions
16th March 2005
(f) be so constructed and used, and maintained in such condition, as to prevent, so far as is reasonably practicable -
(g) where it has moving parts, be prevented by appropriate devices from moving inadvertently during work at height.
3.
In relation to work at height involved in construction work -
4.
Any structure or part of a structure which supports means of protection or to which means of protection are attached shall be of sufficient strength and suitable for the purpose of such support or attachment.
5.
- (1) Subject to sub-paragraph (2), there shall not be a lateral opening in means of protection save at a point of access to a ladder or stairway where an opening is necessary.
(2) Means of protection shall be removed only for the time and to the extent necessary to gain access or egress or for the performance of a particular task and shall be replaced as soon as practicable.
(3) The task shall not be performed while means of protection are removed unless effective compensatory safety measures are in place.
Stability of working platforms
4.
A working platform shall -
Safety on working platforms
5.
A working platform shall -
(c) be so erected and used, and maintained in such condition, as to prevent, so far as is reasonably practicable -
Loading
6.
A working platform and any supporting structure shall not be loaded so as to give rise to a risk of collapse or to any deformation which could affect its safe use.
8.
Depending on the complexity of the scaffolding selected, an assembly, use and dismantling plan shall be drawn up by a competent person. This may be in the form of a standard plan, supplemented by items relating to specific details of the scaffolding in question.
9.
A copy of the plan, including any instructions it may contain, shall be kept available for the use of persons concerned in the assembly, use, dismantling or alteration of scaffolding until it has been dismantled.
10.
The dimensions, form and layout of scaffolding decks shall be appropriate to the nature of the work to be performed and suitable for the loads to be carried and permit work and passage in safety.
11.
While a scaffold is not available for use, including during its assembly, dismantling or alteration, it shall be marked with general warning signs in accordance with the Health and Safety (Safety Signs and Signals) Regulations 1996[11] and be suitably delineated by physical means preventing access to the danger zone.
12.
Scaffolding may be assembled, dismantled or significantly altered only under the supervision of a competent person and by persons who have received appropriate and specific training in the operations envisaged which addresses specific risks which the operations may entail and precautions to be taken, and more particularly in -
3.
A safeguard shall be suitable and of sufficient strength to arrest safely the fall of any person who is liable to fall.
4.
A safeguard shall -
5.
Suitable and sufficient steps shall be taken to ensure, so far as practicable, that in the event of a fall by any person the safeguard does not itself cause injury to that person.
(b) the user and a sufficient number of available persons have received adequate training specific to the operations envisaged, including rescue procedures.
2.
A personal fall protection system shall -
3.
A personal fall protection system designed for use with an anchor shall be securely attached to at least one anchor, and each anchor and the means of attachment thereto shall be suitable and of sufficient strength and stability for the purpose of supporting any foreseeable loading.
4.
Suitable and sufficient steps shall be taken to prevent any person falling or slipping from a personal fall protection system.
2.
Taking the risk assessment into account and depending in particular on the duration of the job and the ergonomic constraints, provision must be made for a seat with appropriate accessories.
3.
The system may comprise a single rope where -
2.
Any surface upon which a ladder rests shall be stable, firm, of sufficient strength and of suitable composition safely to support the ladder so that its rungs or steps remain horizontal, and any loading intended to be placed on it.
3.
A ladder shall be so positioned as to ensure its stability during use.
4.
A suspended ladder shall be attached in a secure manner and so that, with the exception of a flexible ladder, it cannot be displaced and swinging is prevented.
5.
A portable ladder shall be prevented from slipping during use by -
6.
A ladder used for access shall be long enough to protrude sufficiently above the place of landing to which it provides access, unless other measures have been taken to ensure a firm handhold.
7.
No interlocking or extension ladder shall be used unless its sections are prevented from moving relative to each other while in use.
8.
A mobile ladder shall be prevented from moving before it is stepped on.
9.
Where a ladder or run of ladders rises a vertical distance of 9 metres or more above its base, there shall, where reasonably practicable, be provided at suitable intervals sufficient safe landing areas or rest platforms.
10.
Every ladder shall be used in such a way that -
(1) | (2) | (3) |
Description of instrument | Reference | Extent of revocation |
The Shipbuilding and Ship-repairing Regulations 1960 | S.I. 1960/1932, amended by S.I. 1983/644 and 1998/2307 | Regulations 7 to 10 and 12 to 30 |
The Docks, Shipbuilding etc. (Metrication) Regulations 1983 | S.I. 1983/644 | In the Schedule the entries relating to regulations 9(1)(a) to 26(1) of the Shipbuilding and Ship-repairing Regulations 1960 |
The Docks Regulations 1988 | S.I. 1988/1655 | Regulation 7(4) and (5); in regulation 7(6) the words "and (c) any other place not being a quay or jetty where any person working or passing might fall a distance of more than 2 metres" |
The Loading and Unloading of Fishing Vessels Regulations 1988 | S.I. 1988/1656 | In regulation 5(3) the words "and (c) any other place not being a quay where any person working or passing might fall a distance of more than two metres" |
The Workplace (Health, Safety and Welfare) Regulations 1992 | S.I. 1992/3004 | Regulation 13(1) to (4) |
The Construction (Health, Safety and Welfare) Regulations 1996 | S.I.1996/1592 | In regulation 2(1), the definitions of "fragile material", "personal suspension equipment" and "working platform"; regulations 6 to 8; in regulation 29(2) the word "scaffold" in both instances; regulation 30(5) and (6)(a); Schedules 1 to 5; and the entry first mentioned in columns 1 and 2 of Schedule 7 |
4.
A full regulatory impact assessment of the effect that this instrument will have on the costs of business is available from the Health and Safety Executive, Safety Economics Unit, Rose Court, 2 Southwark Bridge, London SE1 9HS. A Transposition Note in relation to the implementation of the Directives can be obtained from the Health and Safety, International Branch at the same address. Copies of both these documents have been placed in the Library of each House of Parliament.
[2] S.I. 1996/1592, to which there are amendments not relevant to these Regulations.back
[3] S.I. 1999/3242, to which there are amendments not relevant to these Regulations.back
[5] S.I. 1988/1655, to which there are amendments not relevant to these Regulations.back
[8] S.I.1998/2307, to which there are amendments not relevant to these Regulations.back
[9] S.I. 1998/2306, to which there are amendments not relevant to these Regulations.back