| 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 -
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 -
Requirements for particular work equipment
8.
Every employer shall ensure that, in the case of -
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 -
(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 -
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 -
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 -
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
3.
In relation to work at height involved in construction work -
Stability of working platforms
4.
A working platform shall -
Safety on working platforms
5.
A working platform shall -
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 -
2.
A personal fall protection system shall -
| (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 |