Working at height continues to be a leading cause of workplace deaths and injuries. Bradley Wright of local solicitors Edwards Duthie Shamash outlines the legal responsibilities of employers and employees
Working at height remains one of the biggest causes of fatalities and major injuries. Common causes include falls from ladders and through fragile surfaces. Employers and employees must comply with the Work at Height Regulations 2005, whose main purpose is to attempt to prevent death and injury from a fall from height.
Roof work is high risk and such falls are one of the most common causes of workplace death and serious injury. Such falls can lead to fatalities and serious brain and spinal injuries.
Where there are no precautions in place, working at height in any environment can increase a person’s risk of falling a distance, making them liable to personal injury. Examples include working on a ladder or flat roof, falling through a fragile surface or falling into an opening in a floor or a hole in the ground.
Health and Safety Executive (HSE) guidance state all efforts should be made to avoid working at height where it is reasonably practicable to do so, but if it cannot be avoided, to prevent falls by working from a safe place with the right equipment. The regulations apply to an employer or somebody who controls work at height, for example, if you are a contractor or a factory owner. Employers and those in control of work must ensure it is properly planned, supervised and carried out by competent people.
Factors for employers to consider include:
- Taking account of weather conditions.
- Checking the place where work at height is to be undertaken is safe.
- Stopping materials or objects falling.
- Storing materials and objects safely so they will not cause injury if disturbed.
- Conducting a thorough risk assessment before commencing work.
- Using a work restraint system that prevents the worker getting into a fall position, installing safety nets and soft-landing systems close to the level of the work.
- Implementing a fall arrest system.
Employees have general legal duties to take reasonable care of themselves and others who may be affected by their actions. Employees also have a duty of co-operating with their employer so they can enable their health and safety duties and requirements to be complied with. In particular, an employee must report any safety hazard they identify to their employer and use the equipment supplied in accordance with training.
Edwards Duthie Shamash is located at 149 High Street, Wanstead, E11 2RL. For more information, call 020 8514 9000 or visit edwardsduthieshamash.co.uk
