What is my employer’s responsibilities with regards to working at height?
Written by Marie Oxland | Personal Injury Team | 20 June 2024
Work at height accidents remain a significant concern in the UK, consistently representing a notable percentage of workplace fatalities and injuries.
In the 2022/23 period, there were 40 reported fatalities due to falls from height, which is a stark reminder of the risks associated with working at height. These incidents accounted for 8% of non-fatal injuries reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) in the same period.
The construction sector continues to see the highest number of work-related fatal accidents, with falls from height being the most common cause. This highlights the critical need for stringent safety measures, comprehensive risk assessments, and robust training for all personnel involved in work at height activities.
Under the Work at Height Regulations 2005, employers have a significant duty of care to ensure the safety and health of their employees when they are working at height. The regulations stipulate that employers must avoid work at height where it is reasonably practicable to do so. When work at height cannot be avoided, the work must be properly planned, supervised, and carried out by competent individuals. This includes selecting the appropriate equipment for the task and ensuring that all risks have been assessed and mitigated as much as possible. Employers are also required to ensure that the equipment used for work at height is properly inspected and maintained. Additionally, employees must be trained and informed about the risks and the precautions they need to take. It is your employer's responsibility to ensure that all work at height adheres to the regulations to prevent any accidents or injuries due to falls.
Common causes of work at height accidents in the UK include falls from ladders and stepladders due to incorrect use, overreaching or overstretching from ladders, and falls through fragile surfaces. Inadequate training and lack of proper safety equipment also contribute significantly to these incidents. Regular maintenance of equipment and adherence to safety guidelines can prevent many accidents. Additionally, ensuring that workers are not only provided with the correct tools but also trained in their proper use is crucial.
The HSE emphasises the importance of 'collective protection' measures, such as guardrails and scaffolding, before resorting to 'personal protection' like harnesses. For tasks of low risk and short duration, ladders and stepladders can be practical options, provided they are used safely and competently, with the risks fully understood and controlled. However, for longer-duration tasks or those involving higher risks, more robust solutions like mobile elevating work platforms (MEWPs) should be considered.
The Work at Height Regulations 2005 lay down the legal obligations, requiring that all work at height is properly planned, organised, and carried out by competent persons. The regulations also mandate that the equipment used for work at height is properly inspected and maintained.
In practice, this means conducting thorough risk assessments, considering the height of the task, the duration, and the condition of the surface from which the work is being done. It also involves training employees not only in the use of the necessary equipment but also in recognising potential hazards and knowing the procedures to follow in case of an emergency.
Despite the regulations and guidelines, falls from height continue to be a leading cause of injury within the workplace.
While work at height is sometimes unavoidable, the risks can be significantly reduced through careful planning, the use of appropriate equipment, and rigorous training. Employers have a duty to ensure the safety of their employees.
It can also be the case that not using, or incorrectly using, personal protective equipment like safety harnesses can contribute to the severity of a fall. Employers must ensure that all work at height is properly planned and that workers are equipped with the knowledge and tools to perform their tasks safely.
Employers must conduct thorough risk assessments to identify potential hazards and determine the appropriate safety measures. Employers should ensure that all work at height is properly planned, supervised, and carried out by competent individuals with the necessary skills, knowledge, and experience. The use of the correct equipment is essential. This includes selecting the right type of ladders, scaffolds, or mobile elevating work platforms (MEWPs) and ensuring they are stable, strong, and suitable for the job. Equipment should be regularly inspected and maintained to prevent malfunctions that could lead to accidents.
Training is another critical aspect of improving safety. Training should be ongoing to ensure that all employees are up to date with the latest safety protocols and techniques.
If you’ve had an accident as a result of working at height, it’s important you act quickly to find out if you could claim. Our experienced Personal Injury team can provide you with the relevant advice to assess your options and invaluable support should you have a viable claim. You can get in touch with them by calling 01752 827085 or emailing enquiries@nash.co.uk.
