Legal advice: Work at height regulations

The Work At Height Regulations have been in force since 2005. Many employers assume they only apply to work being carried out at a significant height, but there is no minimum 'fall level' within the regulations - there are more injuries in the workplace from low-level falls than from high-level ones.

Publicans often require their staff to work at low levels to undertake jobs such as changing lightbulbs, painting and pasting, putting up posters, signs and notices, changing menu boards, erecting lighting, and assisting with unloading deliveries. All of these could fall within the provisions of the Work At Height Regulations.

It is incumbent upon employers to be aware of the duties imposed by the regulations so as to safeguard workers and to avoid unwitting breaches which could result in a fine and/or costly personal injury litigation.

Obvious examples of 'work at height' would be where an employee stands on a kickstool to retrieve glasses or bottles from a shelf, or for shelf-filling itself. Equally, where someone is working near a cellar trapdoor or other opening they could fall into, this still constitutes work at height, even though the worker is on ground level.

Similarly, the regulations apply if employees are working with or near materials and objects stored in a manner where there is a risk of them collapsing, falling or tipping. For instance a worker on a chair or stool undertaking a stockcheck of goods stacked on top of each other could be partaking in 'work at height' if there were a risk of objects being tipped or falling onto them.

The same considerations need to be given to the case of an employee assisting with unloading a delivery from the back of a lorry, as employers have a duty to prevent risk to persons arising from the collapse, overturning or unintended movement of materials or objects.

The core obligation is the avoidance of risks from height. Employers must take account of a risk assessment under the Management of Health and Safety at Work Regulations 1999. A risk assessment for using a stool to pick items from a shelf or to change a lightbulb should be simple (for example, not overloading yourself, not overstretching etc). However, the actions required to control risks from erecting staging and lighting at a venue would involve significantly greater considerations.

If it is not possible to do the work other than at height, employers must take suitable and sufficient measures to prevent the risk of a fall, which includes selecting the most suitable work equipment.

Where these measures do not eliminate the risk of a fall occurring employers must take suitable and sufficient measures to minimise the distance and consequences of a fall and to train those who will be working at height to avoid falling and to minimise the risk of injury to themselves should they fall.

Key points to remember

• Avoid work at height where this is possible.

• If work at height cannot be avoided take steps to prevent a fall

• Where the risk of a fall cannot be eliminated, work equipment or other measures must be used to minimise the distance and consequence of a fall.