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HSE press release E054:05 - 13 April 2005

Work at height - HSE explains what the regulations mean for the construction industry

New regulations came into force on 6 April 2005, applying to all work at height where there is a risk of a fall liable to cause personal injury. To assist the construction industry the Health and Safety Executive (HSE) has today published a Question and Answer Brief to explain what the new regulations mean in practice and the standards HSE expects the industry to meet. It is available on the HSE website.

Commenting on the new regulations Kevin Myers, HSE’s Chief Inspector of Construction, said: ‘‘Falls from height remain the single biggest cause of workplace deaths and major injuries in the construction industry, responsible for some 40 per cent of fatalities in 2004/05. Preventing falls from height is a key area where the construction industry can take steps to drive down the number of accidents. The regulations give the industry an opportunity to refocus efforts to improve standards for work at height and reduce deaths and injuries.

“A particular area of concern for HSE is the number of major injuries caused by low falls – it’s worth pointing out that there are more major injuries resulting from low falls than from falls above two metres. The new regulations remove the old divison between low and high falls; the ‘two-metre rule’ for high falls has not been retained because dutyholders need to prevent falls from any height. HSE inspectors will ensure that the existing standards are maintained but that greater attention is also paid to the risk from low falls.’’

Mr Myers also made the following key points:

• “Those following good practice for work at height will already be doing enough to comply with the new 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 people;
• follow the hierarchy for managing risks from work at height - take steps to avoid, prevent or reduce risks; and

• choose the right work equipment and select collective measures to prevent falls (such as guardrails) 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’s publication of the Question and Answer Brief for the Construction Industry on the Work at Height Regulations 2005 demonstrates its commitment to being a good partner – working with others to improve health and safety. The Brief is free and can be downloaded at http://www.hse.gov.uk/construction/pdf/fallsqa.pdf

Notes to Editors

1. Provisional figures for 2002/3 for injuries to employees in the construction industry due to a fall from height are as follows:

Further statistics on injuries in the construction industry are available from the HSE website at: http://www.hse.gov.uk/statistics/pdf/rhscon.pdf

2. 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 http://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 two metres the Regulations were agreed by HSC on 11 January 2005. The results of these consultations are available at http://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.
3. 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).
4. The Use of Work Equipment Directive was significantly updated by the first 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.
5. 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, visit http://www.hse.gov.uk/contact, or write to: HSE InfoLine, Caerphilly Business Park, Caerphilly CF83 3GG.

Press Enquiries : Journalists only : Karen Eldridge 020 7717 6219

Out of hours 020 7928 8382