LEGAL OVERVIEW: Working at Height

Andrew Sanderson at Kingsley Napley outlines the legal position when it comes to working at height.

Working at height remains one of the leading causes of workplace fatalities and serious injuries in the UK.

From construction and maintenance to warehousing and window cleaning, any task involving work above ground level requires careful planning, robust risk assessment, and strict adherence to legal safety standards. Employers and workers alike must be aware of their responsibilities to prevent accidents and ensure compliance with current regulations.

Legal Framework

The principal legislation governing work at height in the UK is the Work at Height Regulations 2005 (WAHR), which are enforced by the Health and Safety Executive (HSE). The regulations apply to all work where there is a risk of a fall liable to cause personal injury, regardless of height.

Key duties under WAHR include:

• Planning and risk assessment: Employers must ensure that all work at height is properly planned, supervised, and carried out by competent individuals.
• Avoiding work at height where possible: If it’s feasible to carry out tasks from the ground, this should always be the first choice.
• Using the right equipment: When work at height cannot be avoided, appropriate access and safety equipment must be used and maintained.
• Preventing falls: Measures must be taken to prevent falls, such as installing guardrails or using fall arrest systems.

Failure to comply with WAHR can lead to enforcement action by HSE, including prosecution and significant fines.

Practical Tips for Compliance

To ensure legal compliance and protect workers, organisations should follow these best practices:

1. Conduct a thorough risk assessment
   Identify all potential hazards associated with the work, evaluate who might be harmed and how, and implement control measures to mitigate risk.
2. Choose the safest working method
   Consider alternatives to working at height first, such as using extendable tools. If unavoidable, prioritise the use of collective protection (e.g., scaffolding, edge protection) over personal protective equipment (e.g., harnesses).
3. Ensure competence and training
   Only trained and competent individuals should perform or supervise work at height. Regular refresher training should be provided, and records maintained.
4. Inspect and maintain equipment
   All equipment used for working at height—such as ladders, scaffolding, and harnesses—must be regularly inspected and well-maintained. Pre-use checks should be carried out each time equipment is used.
5. Establish an emergency plan
   Have a clear rescue plan in place in the event of a fall or accident. This should be practised and known to all relevant workers.

It is essential that there are regular conversations between senior management and employees to ensure that the systems, procedures and equipment that are implemented are appropriate and fit for purpose especially if circumstances changes.

Working at height poses serious risks, but with careful planning, proper equipment, and compliance with the Work at Height Regulations 2005, these risks can be effectively managed. Employers must remain vigilant, foster a culture of safety, and ensure that everyone involved in such work is fully informed, trained, and equipped to do their job safely.

For further guidance, consult the HSE’s official website and the Work at height: A brief guide (INDG401).