Plans to introduce a new set of regulations relating to working at height have been debated for many months now. The HSC has issued a number of consultative documents and latest reports are that the new Work at Height Regulations will be ready for implementation by April this year.

As is often the case with new legislation, there have been concerns about the potential impact of the regs, with many believing that they will signal the end of any work being carried out from ladders. However, whilst it is true that the regulations will place significant emphasis on the need to consider the most appropriate method of working, such fears are likely to prove unfounded and employers who are well versed in risk assessment and control are likely to suffer no real inconvenience.

At present, there are three key legal obligations on employers relating to work at height:

1. The Health & Safety at Work Act 1974 Section 2 requires employers to "…ensure, as far as is reasonably practicable, the health, safety and welfare of employees…". In its broadest sense this clearly includes a requirement to protect employees from the risks associated with work at height.

2. Regulation 3 of the Management of Health & Safety at Work Regulations 1999 requires employers to carry out a "…suitable and sufficient assessment of the risks to the health & safety of employees…" Regulation 5 requires employers to "…make arrangements for the effective planning, organisation control, monitoring and review of preventative and protective measures…" Clearly, such requirements are applicable to working at height.

3. Regulation 13 of the Workplace (Health, Safety & Welfare) Regulations 1992 requires employers to take "…suitable and effective measures to prevent any person falling a distance likely to cause injury and to prevent any person being struck by a falling object likely to cause injury…" The associated Approved Code of Practice and guidance gives advice on how to achieve adequate protection.

An employer taking a management approach to protecting people from the risks associated with working at height will already have:

· examined the work to be undertaken;
· considered ways to carry out the work without the need to work at height;
· assessed the risks associated with the work;
· considered the alternative means of access and selected the most appropriate means on the basis of risks;

· ensured that the equipment to be used is suitable for the task and is in good condition;
· developed a range of suitable measures to reduce the risks;
· ensured that the employees involved in the work have been provided with appropriate information, instruction and training to be able to carry out the work safely;

· Monitored the effectiveness of the control measures.

If this is the case, then such an employer will have little to fear from the new regulations.

As with other risks, a systematic approach will ensure the safety of employees and secure legal compliance.

1. Avoid Working at Height Where Possible

Consider the need to carry out work at height. If the work (or some portion of it) can reasonably be carried out at ground level then this will avoid the risk and save a lot of worry over safety.

2. Assess the Risks

Consider the work to be done, the possible methods to be adopted, the possibility of falls, the effects of weather etc.

3. Select the Most Appropriate Means of Access

Consider the means of access and protection taking into account the duration of the work, the need to move or handle materials, the area to be worked upon, ground conditions and weather conditions. Options for access may include:

· fixed access or scaffolds;
· tower scaffold or "zip-up" towers;
· scissor lifts or cherry pickers;
· fork truck personnel lift;
· ladders and stepladders.

4. Ensure Equipment is Adequately Maintained

· ensure any access equipment is maintained so as to be safe;
· ensure it is regularly inspected and checked.

5. Provide Control Measures

Ensure that appropriate measures are in place to prevent falls and falling objects, including:

· handrails and edge protection;
· netting and toe-boards;
· access control and warning signs;
· fall-arrest equipment and head protection;
· safe procedures for working at height.

6. Provide Relevant Information, Instruction & Training

Ensure that employees involved in the work are trained and instructed in:

· safe use of the equipment;
· safe erection and checking of equipment;
· use of control measures;
· use of protective equipment;
· safe working procedures.

7. Monitor & Enforce

· Regularly check to ensure that the rules & procedures for safe working are being followed. Deal with offenders accordingly.

Easy, peasy! Bring on the regulations.