Part two - 'Height' and dutyholders' responsibilities

The regulations place duties on employers, the self-employed, and any person who controls the work of others, such as facilities managers or building owners, who may contract others to work at height.

There is no minimum height, but instead the rules cover all work activities where there is a need to control the risk of falling a distance liable to cause personal injury. In other words, a place is "at height" if a person could be injured falling from it, even if it is at or below ground level.

The term 'work' includes moving around at a place of work, except by a staircase in a permanent workplace. It does not include travel to or from a place of work.

Also, the regulations do not apply to the provision of paid instruction or leadership in caving or climbing by way of sport, recreation, team building or similar activities. The HSE has said it will introduce specific regulations due to the special circumstances of the adventure activities sector.

The rules place duties on employees. For example, regulation 14 says employees or someone working under someone else's control must report any safety hazard to them. Employees must also use any equipment supplied (including safety devices) properly, after receiving instruction and training.

Dutyholders' responsibilities

The overriding principle for employers is that they must do "all that is reasonably practicable to prevent anyone falling".

The regulations are based on a hierarchy which says that all work at height must be avoided whenever possible. Where work at height cannot be avoided, work equipment or other measures must be adopted in order to prevent falls.

Where the risk of a fall cannot be eliminated, work equipment or other measures to minimise the distance and consequences of a fall should be used.

In addition, the Work at Height Regulations 2005 require duty holders to ensure that;

> all work at height is properly planned and organised;

> all work at height takes account of weather conditions that could endanger health and safety;

> those involved in work at height are trained and competent;

> the place where work at height is done is safe;

> equipment for work at height is appropriately inspected;

> the risks from fragile surfaces are properly controlled; and

> the risks from falling objects are properly controlled.

Dutyholders must also ensure that any work is properly planned, appropriately supervised, and carried out in "as safe a way as is reasonably practicable". This includes planning for emergencies and rescue.

Risk assessments are required of course, in accordance the Management of Health and Safety at Work Regulations.