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18 March 2005 - New Work at Height Regulations Enforceable in April 2005

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The new Work at Height Regulations 2005 (S.1.2005 No 735), after having a second consultation and announced in Parliament, will come into force on Wednesday 6 April 2005.

The new regulations are aimed at reducing the number of fatalities in the workplace attributed to falls from heights which account for the single, largest cause of deaths in the workplace.

In 2003/04, there were 67 fatalities and almost 4,000 serious injuries of which the Health and Safety Executive's (HSE's) Injuries Reduction Programme's target aims to have a 5% reduction by 2004 and 10% reduction by 2010 in the number of fatalities and major injuries due to falls from height.

The new regulations being implemented on 6 April 2005 include the following changes:

  • HSE charges for safety case assessment inspection, approval and issuing of licences will be amended.

  • Simplification of existing regulations for the manufacture and storage of explosives, by replacing major parts of the Explosives Act 1875 and 48 secondary legislation with one set of regulations.

  • Improve safety of workers when using work at height equipment by implementing the Work at Height Directive (2000/45/EC), being the second amendment of the Use of Work Equipment Directive (89/665/EC).

  • Employers to "adequately control" exposure to chemicals under the Control of Substances Hazardous to Health Regulations, by means of a new framework with a single type of limit system, thus altering "adequate control" from compliance with an OEL, to applying 8 good practice principles.

  • The establishment of a Workplace Exposure Limit for Refractory Ceramic Fibres (RFC's) under the Control of Substances Hazardous to Health Regulations.

  • The Anthrax Prevention Order (APO) is no longer appropriate for controlling the risk of occupational anthrax.   The assessment of risk from all biological agents in the workplaces' framework is contained in the requirements of the Control of Substances Hazardous to Health Regulations, with DEFRA's Products of Animal Origin Legislation, which covers imports, now also taking precedence over the APO Requirements.

The Head of the Health and Safety Executive's Injuries Reduction Programme commented:

"In 2003/4 falls from height accounted for 67 fatal accidents at work and nearly 4,000 major injuries. They remain the single biggest cause of workplace deaths and one of the biggest causes of major injury.

"Preventing falls from height is a central part of HSE's Injuries Reduction Programme and these Regulations will provide the cornerstone for this programme to improve standards for work at height and thereby reduce deaths and injuries. These Regulations set out a simple hierarchy for managing and selecting equipment for work at height.

"The Regulations cover a wide range of industries and activities but we have developed some simple messages which we want to communicate to all industries.

He also commented on the key messages as follows:

"Our key messages are:
 Those following good practice for work at height now should already be doing enough to comply with these Regulations.

"Follow the risk assessments you have carried out for work at height activities and make sure all work at height is planned, organised and carried out by competent persons.

"Follow the hierarchy for managing risks from work at height - take steps to avoid, prevent or reduce risks.

"Choose the right work equipment and select collective measures to prevent falls (such as guardrails and working platforms) before other measures which may only mitigate the distance and consequences of a fall (such as nets or airbags) or which may only provide personal protection from a fall."

Further information will be accessible from the HSE website in the near future.  

We at HSfB will provide the relevant link to view the new regulations within our news page as soon as they are available.

Article by Alexandra Johnston 

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