Legal
control over the work of construction, not merely occupation of the site in general. The regulations require steps to
be taken to prevent falls from any height where there is a risk of personal injury so far as reasonably practicable. To demonstrate compliance with the regulations duty holders are advised to ensure that they have a robust health and safety management system which:
• demonstrates work at height is properly planned and organised
• ‘hierarchy of control measures’ are applied
• risks from work at height are assessed and appropriate work equipment is selected and used
• those involved in the work are competent and adequately trained in the selected system of work and particular equipment . It is insufficient to rely upon presumed general experience because an employee has worked in the industry
• equipment is inspected and maintained • the duty holder ensures supervision and monitoring of work in accordance with method statements
There is a simple hierarchy for
managing work at height and selecting the correct equipment.
Duty holders must:
• avoid work at height wherever possible • use work equipment or other measures to prevent falls where work at height cannot be avoided
• use work equipment or other measures to minimise the distance and consequences of potential falls where risk cannot be eliminated.
Specific risk assessment for ladders Ladders are a common cause of accidents . The regulations do not prevent the use of ladders. They can be used for low-risk short duration work and where risk assessments show that other more suitable work equipment is not appropriate because of existing features on the site which cannot be altered. The presumption therefore is that a risk assessment should be made each and every time a ladder is to be used. Guidance from the HSE’s Safe use of ladders and stepladders states they should only be used if in one position for a maximum of 30 minutes; for light work carrying less than 10kg; where a hand hold is available and where you can maintain three points of contact with the ladder. This of course is sensible guidance but in all such cases it is still advisable that ladder work should be the subject of a specific risk assessment as the hierarchy of control
measures within the WAHR would still take precedence. With regard to defending claims, duty
holders need to be aware of how courts will apply the hierarchy of measures when dealing with claims. The court will not focus exclusively on the conduct of the claimant who might have rushed his job or ascended an un-footed ladder if this could have been foreseen from a makeshift system of work. The WAHR are designed to protect
health and safety and protect employees against decisions taken to keep costs low as opposed to protecting employees’ safety. There are inherent risks to working
at height and the hierarchy is designed to ensure employers minimise those risks. The defence of ‘reasonable practicability’ is available but the burden is on the duty holder to demonstrate that the risk is low and it cannot eradicate those risks altogether. This will require a critical examination of the nature of the risk, the likelihood of that risk arising, normal industry practice, and the cost of the measures not taken.
•
Chris Price is a partner in the Insurance Law division at Langleys Solicitors Visit
www.langleys.com
A.J WELLS & SONS VITREOUS ENAMELLERS
British manufacturers of vitreous enamelled signage & architectural cladding. For more information visit our online portfolio at
www.ajwells.com
February 2014 Page 39
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