The Legal Requirements for Working at Height in the UK

Working at height remains one of the biggest causes of workplace fatalities and serious injuries in the UK. To mitigate these risks, strict legal requirements govern how work at height should be conducted. This article outlines the key legislation, employer and employee responsibilities, risk assessments, and best practices to ensure compliance with UK law.

What is Working at Height?

The Health and Safety Executive (HSE) defines working at height as any work where a person could fall a distance liable to cause injury. This includes:

• Working on ladders or stepladders
• Working on scaffolding
• Working on roofs or fragile surfaces
• Using mobile elevated work platforms (MEWPs)
• Working near open edges
• Work within deep excavations or pits

Key Legislation Governing Working at Height

1. The Work at Height Regulations 2005

The primary legislation governing working at height in the UK is the Work at Height Regulations 2005. These regulations apply to all employers, self-employed individuals, and any person who controls work at height activities. The key principles include:

• Avoid working at height where possible
• Use the safest equipment and controls if working at height is necessary
• Implement measures to minimise the consequences of falls
• Ensure all work at height is properly planned, supervised, and carried out by competent persons

2. The Health and Safety at Work Act 1974

This overarching legislation places a general duty on employers to ensure the safety of employees and others who may be affected by work activities. It requires risk assessments and safety measures to be in place for work at height.

3. The Management of Health and Safety at Work Regulations 1999

These regulations require employers to conduct thorough risk assessments and implement control measures to manage work at height hazards effectively.

Employer Responsibilities

Employers must:

• Conduct a risk assessment before any work at height takes place.
• Ensure work at height is properly planned, organised, and supervised.
• Provide suitable fall prevention and/or other protection equipment such as PPE.
• Ensure employees are trained and competent to work at height.
• Regularly inspect and maintain equipment used for working at height.
• Consider weather conditions when planning work at height activities.

Employee Responsibilities

Workers also have responsibilities under health and safety law, including:

• Following training and instructions provided by the employer.
• Using provided safety equipment correctly.
• Reporting any defects or hazards related to working at height.
• Avoiding reckless behaviour that could endanger themselves or others.

Risk Assessment for Working at Height

A comprehensive risk assessment should consider:

1. Eliminating the need to work at height where possible.
2. Choosing the right equipment, such as scaffolding, harnesses, or MEWPs.
3. Ensuring edge protection (e.g. guardrails, toe boards, safety nets).
4. Minimising distances and consequences of falls by using safety harnesses and airbags.
5. Regularly inspecting the work environment and equipment.

Common Work at Height Safety Measures

To ensure compliance and worker safety, organisations should implement:

• Maintenance schedules – keeping equipment well-maintained by a competent person.
• Regular inspections – pre-use checks to ensure the equipment is in good condition and suitable for intended use.
• Ladder safety protocols – ensuring ladders are stable, correctly positioned, and used only for short-duration tasks.
• Fall arrest systems – using safety harnesses, lanyards, and fall restraint systems when necessary.
• Edge protection – installing guardrails, covers, and warning signs for open edges.

Penalties for Non-Compliance

Failure to comply with work at height regulations can result in serious penalties, including:

• Fines up to millions of pounds for severe breaches.
• Prosecution under the Health and Safety at Work Act 1974.
• Workplace injury claims and increased insurance costs.

Conclusion

Understanding and complying with the legal requirements for working at height is essential for employers and employees alike. By following the Work at Height Regulations 2005, conducting risk assessments, and implementing effective safety measures, workplaces can significantly reduce the risks associated with working at height.

Find out more about working at height safely on our accredited Working at Height: Ladder and Stepladder Training Course.