Legislation

Some 2.2 million people work in the UK's construction industry, making it the country's biggest employer; it is also one of the most dangerous. By far the biggest cause of fatal injury during 2005-2006 was as a consequence of falls from height which accounted for 24 of the 59 worker deaths. Unfortunately, this trend continued in 2006-2007 and shows no sign of being arrested in 2007-2008.

In April 2005 new Work at Height Regulations [WAHR] were introduced with the specific intention of consolidating all previous legislation in relation to work at height. One of the key issues outlined in the consultation document was the requirement for WAHR to extend the existing provisions beyond "construction" work to a wider range of other sectors and activities, for example, window cleaning and other cleaning, inspection and maintenance activities.

Consequently the regulations apply to all work at height where there is a risk of fall liable to cause personal injury. The regulations require the duty holders to ensure:

• All work at height is properly planned and organised;
• Those involved in work at height are competent;
• All risks from work at height are assessed and appropriate work equipment is selected and used;
• The risks from fragile surfaces are properly controlled, and;
• Equipment for work at height is properly inspected and maintained.

The new Construction [Design Management] Regulations: 2007 both revise and bring together the Construction [Design Management] Regulations:1994 and the Construction Health, Safety and Welfare Regulations:1996 into a single regulatory package. A key tenet of the new regulations is the responsibility placed up on the designer to ensure that any risks associated with post-construction maintenance activities are clearly identified and appropriate steps taken to either design-out such risks or reduce them to acceptable levels. These obligations include protecting maintenance works from risk of falls from height.