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#1 Posted : 19 March 2005 07:59:00(UTC)
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Posted By Ian J. Durber I thought discussion forum readers may be interested to see this: Work at Height Regulations 2005 The Work at Height Regulations 2005¹ have this week been laid before Parliament and will come into force on 6th April 2005. The Regulations: • apply to all work at height where there is a risk of a fall liable to cause personal injury, but don't apply to the provision of instruction or leadership in caving or climbing by way of sport, recreation, team building or similar activities; • place duties on employers, the self-employed, and any person that controls the work of others to the extent of their control (for example facilities managers or building owners who may contract others to work at height); • require duty holders to ensure: - all work at height is properly planned and organised; - those involved in work at height are competent; - risks from work at height are assessed; - appropriate work equipment is selected and used; - risks from fragile surfaces are properly controlled; - equipment for work at height is properly inspected and maintained; • include Schedules giving requirements for existing places of work and means of access for work at height, collective fall prevention (e.g. guardrails and working platforms), collective fall arrest (e.g. nets, airbags etc), personal fall protection (e.g. work restraints, fall arrest and rope access) and ladders; • repeal S.24 of the Factories Act 1961; • make amendments to: - The Shipbuilding and Ship-repairing Regulations 1960 S.I. 1960/1932, amended by S.I. 1983/644 and 1998/2307; - The Docks, Shipbuilding etc. (Metrication) Regulations 1983 S.I. 1983/644; - The Docks Regulations 1988, S.I. 1988/1655; - The Loading and Unloading of Fishing Vessels Regulations 1988 S.I. 1988/1656; - The Workplace (Health, Safety and Welfare) Regulations 1992 S.I. 1992/3004; - The Construction (Health, Safety and Welfare) Regulations 1996 S.I.1996/1592. ¹ The Work at Height Regulations 2005 (S.I.2005 No 735) will soon become accessible at: http://www.hmso.gov.uk/si/si20050735.htm, Copies of HSE's simple guide to the Regulations will be available shortly and are free at http://www.hse.gov.uk/. Specific industry sectors are expected to review and develop their own guidance and advice for work at height. ² Duty holders must: • avoid work at height where they can; • use work equipment or other measures to prevent falls where they cannot avoid working at height; and • where they cannot eliminate the risk of a fall, use work equipment or other measures to minimise the distance and consequences of a fall should one occur.
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#2 Posted : 19 March 2005 09:18:00(UTC)
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Posted By Raymond Rapp Ian Yes, I am mildly interested...and your point is? Ray
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#3 Posted : 19 March 2005 16:26:00(UTC)
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Posted By T Cavanagh Thanks for the update, Ian. I had heard that the new regs were to be enforced some time in April. The construction industry leaders did not welcome the 2m rule change, as you are no doubt aware. From my "on site" experience it will take quite a while before this development filters through. I know of several safety people who are still oblivious to this change in law, let alone of the rammifications of withdrawing the 2 metre definition. A few others are of the opinion that it will not come into force until next year! Thanks once again. TC. ps Why do people bother to post "and your point is?" comments? It smacks of ignorance or arrogance. Or both. I am sure that most people are grateful for positive posts to the forum.
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#4 Posted : 19 March 2005 17:12:00(UTC)
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Posted By Bill Fisher Ian Many thanks. I was looking for this very point only this morning. When something new comes out it is always useful if someome, on finding it, posts a simple alert - as you have done. It does save wasted time. Regards Bill
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#5 Posted : 20 March 2005 08:45:00(UTC)
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Posted By Raymond Rapp My apologies if my previous posting was construed as 'ignorant or arrogant,' but I merely wondering whether the posting was for interest, a general discussion or the poster had forgotten to add the reason for the thread. Ray
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#6 Posted : 20 March 2005 10:51:00(UTC)
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Posted By James M Thanks for the update. Ray, reference your initial comment, there were some clues. It was posted in the discussion forum and under OSH chat. My name isn't Sherlock Holmes but I would say these clearly identified signs lead most people up the common sense path.
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#7 Posted : 20 March 2005 12:55:00(UTC)
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Posted By Raymond Rapp James Point taken...now let's move on. Ray
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#8 Posted : 20 March 2005 16:10:00(UTC)
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Posted By Lynchy Ian I attended a safety group meeting the week before last and the HSE Inspector present told us that the Work at Height regulations have now been delayed until October at the earliest - due to the imminent general election!!!! Has anyone else heard this?? Lynchy
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#9 Posted : 20 March 2005 19:07:00(UTC)
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Posted By James M I have also been advised that it is either April or October depending on the election.
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#10 Posted : 20 March 2005 20:21:00(UTC)
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Posted By Matthew O'Farrell I expect if, as reported, the Regulations were only laid before Parliament around 16th March, they won't have been on the table for the necessary 40 days prior to becoming law, asuming the General Elections are as predicted on 5th May and Parliament is disolved by 14th April. M
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#11 Posted : 20 March 2005 20:25:00(UTC)
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Posted By Ian J. Durber Lynchy / James, Cut and paste this address into your browser for the full details: http://www.gnn.gov.uk/Co...seID=152444&NewsAreaID=2 Regards, Ian
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#12 Posted : 21 March 2005 13:44:00(UTC)
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Posted By Ron Hunter I am not by any means 'anti-Europe', and OK, the UK had to take steps to implement the Directive, but in all honesty I cannot see anything 'new' in these Regulations - seems a duplication of PUWER and risk elimination/reduction principles as discussed in Management Regs, and therefore an unnecessary "layering" of UK Legislation? I do fear the usual resultant rash of 'courses' and 'seminars' which may be generated, making money from the unwary or ill-informed. The rot seems to have started already, with some LAs banning contractors from using ladders in tender documents?!!! OK, the world of working at height isn't by any means perfect, but wasn't there already an adequate framework of legislation already in place? Thoughts anyone?
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#13 Posted : 21 March 2005 14:57:00(UTC)
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Posted By George Wedgwood Yes, in a way I agree with the last comment and sure, the Regs may be overkill but necessary from the point of view of focusing a Bopard on the real risks in its business. I have used the draft Regs to form a management action team to understand them and draft new policy and guidance for managers. Our existing doc was limp and not effective so this was welcomed, as we ar now ready to deliver in-house training on the topic to reinforce the new policy. In summary, a useful lever but not rocket science!
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#14 Posted : 21 March 2005 16:00:00(UTC)
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Posted By steve e ashton Does anyone know if the tabled regs differ substantially from the 'latest version' on the HSE website? From that version, the two most significant factors appear (to me) to be 1 There is NO new duty to assess risks from work at height (reference is made to assessments made under existing provision in the management regs) and 2 The obligation to avoid work at height when the weather conditions jeopardise the health or safety of persons involved in the work IS AN ABSOLUTE DUTY. ( Every employer shall ensure that work at height is carried out only when the weather conditions do not jeopardise the health or safety of persons involved in the work.... reg 4.3). Take this to its illogical conclusion (as our courts are wont to do now again)... Amongst other absurdities it will be unlawful to ask a van or truck driver to climb in or out of his cab when it has been raining because his footwear will be wet and may cause slipping on the metal steps....... ie the weather conditions will jeopardise the health and safety of the persons doing the work.... And no-one will be allowed to climb a ladder without first using an anemometer to ensure the wind will not jeopardise their H&S and.... Don't expect any downed power or telecom lines to be repaired whilst the wind is still blowing or the snow still falling.... Think about it. I've got a migraine coming on.... Steve
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#15 Posted : 22 March 2005 12:53:00(UTC)
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Posted By Adam Jackson Personally, I think its yet another retrograde step in the Emeror's New Clothes that is this absolute belief in Risk Assessment. Sure, have risk assessment (which as has been said, is not a new requirement for heights) but why remove the minimum standard? Its ludicrous to get rid of what was a nice clear defining limit and make it judgement based. Following these regs work can be say at 2.5m and the risk assessment says certain protection is required. The manager responsible disagrees and thinks the risk assessor has been overstating the risk. It comes down to a "I'm right, no I'm right" battle. Think about driving. 30mph is a speed limit which is set but drivers still have the obligation to drive at a safe speed. Basically by making an ongoing risk assessment, and only go up to 30mph if conditions are safe to do so. If we follow this heights craziness we'd get rid of the 30mph limit and make it all assessment based. So someone goes through a housing estate at 35mph - he thinks its safe, the police think not, but they've no set limit against which to judge it. I'm fairly annoyed IOSH supported the removal of the 2m rule. They should know better. Risk assessment is not the whole solution, there has to be set limits within it.
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#16 Posted : 22 March 2005 15:43:00(UTC)
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Posted By Joe Hardiment Thankyou Ian for the info. I am slowly gathering some info on the new regs for a presentation. If anybody finds more can you post or notify me on IOSH Regards Joe
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#17 Posted : 23 March 2005 08:59:00(UTC)
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Posted By Stephen D. Clarke I totally agree with Adam Jacksons's posting as I see it removal of the 2m rule can only hinder matters for all concerned.
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#18 Posted : 23 March 2005 11:23:00(UTC)
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Posted By GeoffB When this came up in SHP that IOSH were all for the removal of the 2m rule I asked who that person was in IOSH who was in favour. I don't look on this forum all the time and there may have been an answer but I haven't seen it. On a more mundane level does anybody have a web reference for the current consultation document as I need to look at the schedules with reference to ladders. Thanks Geoff
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#19 Posted : 23 March 2005 14:12:00(UTC)
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Posted By steve e ashton geoffb try: http://www.hse.gov.uk/ab.../2004/121004/c04114c.pdf its on the HSE site, under 'falls from height', current proposals. Steve
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#20 Posted : 23 March 2005 14:31:00(UTC)
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Posted By Lawrence Hughes I have been using this draft: http://www.hse.gov.uk/ab...ings/2005/110105/c11.pdf This is the agenda for the HSC meeting 11/1/05 to discuss WAHR. The back pages, after the discussion arguments, includes a clean copy of the latest draft WAHR that is not covered in strikethroughs and other ammendment artifacts. Makes going through it with management less confusing. Unfortunately both hse website links that I have found to the minutes of the decision meeting are all broken.
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#21 Posted : 23 March 2005 15:47:00(UTC)
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Posted By David A Jones Consultation took place on whehter the 2-metre rule should be included or not. The result of this consultation was that the disadvantages out-weighed the advantages of its inclusion and hence it does not form part of the regulations. I for one am in agreement with this - and just for the record I've been involved in construction activities with a typical annual spend in excess of £400 million for at least the last 10 years. In my view it is clear that work over 2 metres requires fall protection to be provided and any competent risk assessment would indicate this. However, there are numerous cases where work at a height of less than 2-metres has very real and significant risks and in such cases fall protection is also a pre-requisite. The real issue comes down to competency of contractors - you only have to work down the street to see numerous workers working at heights over 2-metres with appropriate measures in place.
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#22 Posted : 23 March 2005 15:48:00(UTC)
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Posted By Ken Taylor Many of us objected to the removal of the '2m Rule' in addition to the Construction Industry in general - but this was ignored - presumably to fall in line with Europe and the planned 'superstate'. I shall endeavour to keep 2m as a useful guide to determining appropriate risk control measures. For instance, people who use kick-stools and library steps tend not to need the same working at height training as those who climb ladders or work on roofs - so, if there is no 'cut-off point', at what point do you require which training and will different decisions be made by different managers for employees doing the same work, etc?
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#23 Posted : 23 March 2005 15:54:00(UTC)
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Posted By J Knight While I can see what David is driving at, it still seems to me that the 2m rule could have been kept, with a strong requirement to risk assess under 2m but setting minimum objective standards over 2m. This might have led to slightly cumbersome wording, but hey, what the heck if it would save lives. John
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#24 Posted : 23 March 2005 16:44:00(UTC)
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Posted By GeoffB Steve/Lawrence - thanks for the references.
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#25 Posted : 29 March 2005 16:33:00(UTC)
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Posted By Lawrence Hughes just found, I'm sure it was not there this morning: http://www.legislation.h...k/si/si2005/20050735.htm this looks like it may be the definitive official version
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#26 Posted : 30 March 2005 00:21:00(UTC)
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Posted By Ken Taylor I wonder what guidance we will get as to the meaning of jeopardising health and safety in relation to weather conditions and what is a 'distance liable to cause personal injury' that we have a duty to prevent persons falling so far as is reasonably practicable? The definition given for 'work at height' seems to be work at any place where a person could fall a distance liable to cause personal injury. Note that liability needs to be shown - but also remember that persons can be injured in any fall at any height (even minimal) and that the extent of injury is not a factor. This could all prove interesting!
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#27 Posted : 30 March 2005 14:47:00(UTC)
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Posted By Richard Mathews Ken Re: 'distance liable to cause personal injury'. I know a girl who fell off 3" high heels and broke her wrist. Maybe that is the height! Richard
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#28 Posted : 30 March 2005 15:32:00(UTC)
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Posted By Graham Peters Adam, if the person driving the car has an accident the driver got it wrong. They should be nicked. If the car does not have an accident the driver assessed his speed correctly, no police involvement.
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#29 Posted : 30 March 2005 16:32:00(UTC)
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Posted By steve e ashton Ken, Don't expect too much clarity from HSE on the weather issue. The consultative document was fairly blunt that the obligation was in the Euro directive, and the wording left little room for manoeuvre in how the UK regs were framed. In practice, I suspect someone has forgotten the lessons of the past (Summers and sons vs Frost). For several years factory inspectors had to 'turn a blind eye' to breaches of the Factories Act until the introduction of the abrasive wheels regs (and woodworking m/c regs etc). What will happen from next Wednesday? My guess - the HSE will make little or no attempt to enforce this absolute requirement (we will all be told to 'do a risk assessment'..... It will be left to the ambulance chasing lawyers 'after the event' to claim "res ipsa loquitur". Someone fell, they suffered injury, the weather was to blame, there was breach of the regs, compensation is due.... From any 'height liable to cause injury'. My own 'lowest height' experience is of an electrician who fell 'off' a scaffold board - 38mm - and suffered several weeks absence with an achilles tendon tear. HSE claim not to want to cover slips trips and falls 'on the level' under these new regs - but I personally can't see much difference. So -does anyone think the new regs are a good or necessary thing? My reading of the HSE's regulatory impact assessment suggests there may be difficulty even reaching break-even benefits... So an expensive white elephant. Is this really what the Govt was aiming for with its 'better regulation' initiative? All the best to everyone trying to deal with this over the coming months.... Steve
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#30 Posted : 31 March 2005 09:31:00(UTC)
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Posted By Sean Fraser I am astonished at some of the comments regarding the 2m rule. We had a fall from less than 0.5m and resulted in a broken arm for which the injured party was off work over several months. There is no question that had a suitable risk assessment been conducted and the results properly understood, the individual concerned would have ensured they were using the right access equipment (e.g. steps!). As it was, practice and habit meant he used a totally inappapriate item - a foam block - because it was handy and he couldn't see the harm. He does now - when it is too late. How many others have been harmed in this respect, just because they didn't see it as "working at height"? Using a definitive measure misses the point and means that people become blind to some real dangers. And the analogy to speeding used in an earlier post seems to imply that people would now consider 2m as being safe and the proposed legislation would support their assessment! Actually, the opposite is true - it reduces the height down to one where hamr can be foreseen to be a result of a fall - how can you agrue against that? It is an example of the "if you can't measure it you can't manage it" thinking. A good safety professional would be able to explain what constitutes a dangerous condition to the satisfaction and agreement of all except for the really hard of thinking, and not have to rely on absolutes. Safety is a collaborative process and too often we hide behind rules, making it all the more difficult to get the point across - and you wonder why incident rates aren't falling. Having said that, I agree with other comments regarding the layering effect of adding legislation in order to meet EU directives - many of which have improved H&S in Europe and saved countless lives as a consequence - when we could have simply updated exisiting legislation. Those who haven't got a jaundiced view of the EU would know that this approach would be perfectly acceptable, as it is the implementation that is important. It is just the the government (and especially this one) is often too lazy to review and revise existing legislation and simply adds another bill on top so they can point directly to it and say "look, we've done it!". That is a UK problem, not an EU one. What effect is this legislation going to have overall? To the responsible employer who already has an effective safety management system in place, nothing. They are doing it anyway. To the irresponsible employers, nothing much if they can get away with it. Only sustained pressure from their clients, insurers and unions will make them improve. And on the jobsworths? Problem or opportunity? Mix of both - decrying the burden of legislation, they will stoically get going on creating mountains of paperwork to justify their existance and make their own lives and that of everyone else around them that little bit more onerous and miserable, when it simply isn't necessary.
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#31 Posted : 31 March 2005 10:14:00(UTC)
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Posted By Adam Jackson To answer two specific points: David states that without the 2m rule any "competent risk assessment" will show there is a danger. We are in complete agreement on this, as it could also do for heights below 2m. The competency of the risk assessments is not in doubt and misses the point that the key decision taken is not that wholly of safety but also of cost and the 'hassle factor'. We could now be in the position where an excellent risk assessment is done, showing that protection of some sort is required for working at a height above 2m, but the overall judgement by those controlling the work is that the assessment is overstating the risk and is wrong. There is no fall back position that there is a minimum standard. Yes it is the job of those of us in health and safety to influence those controlling the work but sometimes a basic independent standard is needed. Sure, as others have pointed out, there are risks to working below 2m but that is no reason to remove this safeguard for work higher than this. Graham picked up on the driver analogy that if the driver had no accident then he had assessed the danger correctly and his speed was OK. We cannot take that approach to determine what is right and what is wrong. For example, I changed a light switch at the weekend and I couldn't be bothered to go down two flights of stairs to the fuse board so I did it live (I wish I was making this example up but sadly I'm not..). Was that a stupid thing to do - yes. Was it a risk - yes. Would I let someone do it at work or would I do it myself at work - no. Does the fact I 'got away with it' mean my assessment of the danger was correct - of course it doesn't, on that occasion I was riding my luck, that is all, and luck is not something risk assessments should rely on as a control.
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#32 Posted : 31 March 2005 20:50:00(UTC)
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Posted By Frank Hallett So far everyone has apparently assumed that the WAH Regs only affect work above the ground. Read Schedules 1 & 3 and then work out how to work at a manhole or similar ground level access point without actually introducing either a fence AT THE EDGE OF THE HOLE [that is a barrier between the operative s and the edge; not to demarcate or enclose the whole working area] or avoiding the use of fall restraint devices which will need efficient anchors somewhere. Once you've done that, just think yourself lucky if you don't work at these edges. Frank Hallett
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