Posted By Jay Joshi
I am not too sure of the case you are referring to and its context and it is possible that the scaffold case you refer to does not meet the other critera, such as being capable of providing support etc.
The The Construction (Health, Safety and Welfare) Regulations 1996
SCHEDULE 1 Regulations 6(2), 6(3)(a) and 8(2) REQUIREMENTS FOR GUARD-RAILS ETC.
states:-
1. A guard-rail, toe-board, barrier or other similar means of protection shall --
(a) be suitable and of sufficient strength and rigidity for the purpose or purposes for which it is being used; and
(b) be so placed, secured and used as to ensure, so far as is reasonably practicable, that it does not become accidentally displaced.
2. Any structure or any part of a structure which supports a guard-rail, toe-board, barrier or other similar means of protection or to which a guard-rail, toe-board, barrier or other similar means of protection is attached shall be of sufficient strength and suitable for the purpose of such support or attachment.
3. The main guard-rail or other similar means of protection shall be at least 910 millimetres above the edge from which any person is liable to fall.
4. There shall not be an unprotected gap exceeding 470 millimetres between any guard-rail, toe-board, barrier or other similar means of protection.
5. Toe-boards or other similar means of protection shall not be less than 150 millimetres high.
6. Guard-rails, toe-boards, barriers and other similar means of protection shall be so placed as to prevent, so far as is practicable, the fall of any person, or any material or object, from any place of work.
Also the HSE Guidance, Health & Safety in Construction, HS G 150 states:-
Guard rails and toe boards
They should:
1. be made from any material, providing they are strong and rigid enough to prevent people from falling and be able to withstand other loads likely to be placed on them. For example, guard rails fitted with brick guards need to be capable of supporting the weight of stacks of bricks which could fall against them;
2. be fixed to a structure, or part of a structure capable of supporting them;
[] include:
• a main guard rail at least 910 mm above any edge from which people are liable to fall;
• a toe board at least 150 mm high;
• a sufficient number of intermediate guard rails or suitable alternatives positioned so that the unprotected gap does not exceed 470 mm. Where the barrier is solid, or the space between the upper part of the barrier and the toe board is completely occupied by mesh (for example, a brick guard) or similar, an intermediate guard rail is not required.
Barriers other than guard rails and toe boards can be used, so long as they are at least 910 mm high, secure and provide an equivalent standard of protection against falls and materials rolling, or being kicked, from any edges.