Falls from height – safety matters under the work at height regulations

12/06/2017

A fall from height remains the single biggest cause of workplace deaths and one of the main causes of major injury.  This article looks at the Work at Height Regulations 2005 (the Regulations) which apply to all work at height where there is a risk of a fall liable to cause death or personal injury.

Vital statistics

 According to statistics from the Health and Safety Executive (HSE), 37 (just over 25%) of fatal injuries at work in 2015-2016 were caused by a fall from height. 

 18 of the fatal falls occurred in the construction sector, 7 in agriculture, forestry and fishing and 4 in manufacturing.

 In 2015-2016 there were an estimated 37,000 cases of non-fatal injuries caused in the workplace by a fall from height.

 Falls from height result in the greatest time off work, with an average of 9.4 days’ absence following an injury.

 If a person falls from a height of two metres or above, it is likely they will sustain a serious injury.

 The most common causes of falls from height in the construction sector are falls from ladders, platforms, scaffolding and through weak roofs.

The Regulations

The Regulations apply to all work at any height where there is a risk of a fall liable to cause personal injury.  The Regulations impose a duty on employers, the self-employed and any person controlling the work of others, such as facilities managers and contractors.  Employees also have obligations under the Regulations to report safety hazards, use equipment supplied and follow training and instruction.

Employer’s duty and obligations

As an employer you must do all that is reasonably practicable to prevent anyone falling.  The Regulations contain a simple step process for managing and selecting the correct equipment to be used for working at height:

AVOID work at height if possible;

PREVENT falls by using suitable work equipment where working at height cannot be avoided; and

MINIMISE the risk and potential gravity of a fall by using suitable work equipment or other measures.

Responsibilities of employers and other duty holders include, in summary:

• Planning : All work at height must be properly planned, supervised and carried out as safely as is reasonably practicable  

• Weather : Ensure work is postponed in adverse weather conditions. Staff training Ensure everyone involved in the work is trained and competent.  

• Training : should include how to avoid failing and how to avoid or minimise injury in case of a fall.  

• Safe location : Ensure that the place of work at height, including the means of access is safe and has preventative fall features. 

• Equipment and inspections : Select equipment that is the most suitable.  Inspections should include a visual or more rigorous inspection by a competent person and include testing of equipment and the location.  Records of inspections should be kept.

• Fragile surfaces : Ensure no one working under your control goes onto or near a fragile surface unless that is the only reasonably practicable way for the worker to carry out the work safely.  If anyone does work on or near a fragile surface, do all that is reasonably practicable to minimise risks of a fall, as well as the distance and effect of such fall.          

• Falling objects : Where it is necessary to prevent injury, you must do all that is reasonably practicable to prevent anything falling.  If the workplace area contains a risk of someone being struck by a falling object or person, you must ensure that is is clearly identified.

Assessing the risk

If work at height cannot be avoided, a risk assessment should be carried out, highlighting the safety measures to be taken.  The HSE recommends a five step approach to risk assessment with due consideration being given to slips, trips and falls:

Step 1 - look for hazards at the workplace associated with falls from height, for example, ladders, scaffolding, platforms or fragile roofs.

Step 2 – decide who might be harmed and how considering who comes into the workplace.

Step 3 – consider the risks and any measures already in place.  Look at areas with unguarded openings or without guardrails and covers.  Put in place regular inspections.

Step 4 – record all findings if you have 5 or more employees.

Step 5 – regularly review the assessment and if any significant change occurs take necessary steps to ensure precautions are adequate.

Consequences

There has been a recent raft of cases where the HSE has successfully prosecuted individuals and firms who have breached health and safety obligations resulting in substantial fines:

•  In March 2017 an aircraft engineering company was fined £160,000 after two men fell about 15 feet whilst carrying out checks to the tail of an aeroplane.            

• In March 2017 a construction company was fined £105,000 after a worker was left paralysed following a fall from height accident at a building site.            

• In March 2017 two London based companies were fined for safety failings after one man died and another was seriously injured falling six storeys through a lift shaft.            

• In February 2017 an Oldham based building firm was fined for exposing its workers to dangerous work at height risks.  No accident had occurred but a fine and costs order was awarded for exposing workers to risks.            

• In January 2017 three construction companies were fined a combined amount of over £400,000 after a worker fell more than seven metres through a fragile roof he was replacing.

Other recent prosecutions have also seen directors receive prison sentences for breaches of health and safety regulations.

Large Fines And Custodial Sentences

These large fines and increase of custodial sentences are the result of the Sentencing Council’s Health and Safety Offences, Corporate Manslaughter and Food Safety and Hygiene Offences Definitive Guideline (the Guideline), which came into force in February 2016.  The Guideline provides that the courts can base the level of fine handed down on a company’s turnover, if they are found or plead guilty to a health and safety offence.

Be Prepared And Get Control

It is therefore imperative that if an accident involving a fall from heights occurs, the organisations who may be investigated instruct a legal team who can provide a swift emergency response.  They will collate evidence immediately after the incident, and deal with the police, HSE investigators and the media, ensuring that a strong defence is created and available if prosecution is brought.

Legal advice

Effective and compliant health and safety management should be a priority of any business.  This guide gives an overview of the Regulations and should not be solely relied upon to ensure your business is compliant as specific regulations relate to different circumstances.  If you would like advice and guidance on your current health and safety policy and procedures, a review as to whether your current practice complies with the Regulations, or an emergency response, please contact one of our specialist health and safety construction lawyers.