Working at Height.pdf - QBE

Legal dutiesNotwithstanding employers and employeesduties under the Health and Safety at WorkAct and Management of Health and Safetyat Work Regulations, in April 2005 specificWork at Height Regulations (WAH) wereintroduced. These consolidated elementsof the existing Workplace (Health, Safety &Welfare) Regulations, the Construction(Health, Safety and Welfare) Regulationsand Provision and Use of Work EquipmentRegulations (PUWER).A key part of the WAH Regulations wasthe removal of the two metre rule and itsreplacement with a requirement to assessrisks where "a person could fall a distanceliable to cause personal injury". This includesfalls from any height and also those fromground level in to hazards like trenches,lift shafts and manholes.The WAH regulations require bestmanagement practice. An organisationwill need to ensure their health and safetymanagement system:• Enables them to plan all work at height.• Applies the "hierarchy of controlmeasures" (see figure 1).In the context of legal liability the WAHregulations impose an absolute duty tomanage the risk by consistent use of theword "shall" with regard to aspects suchas planning, competence and supervision."Reasonably practicable" only appears inrelation to the fact that work at height mustbe "carried out in a manner which is so faras is reasonably practicable safe".Dutyholders must:avoid work at heightwhere they can;use work equipment or othermeasures to prevent falls where theycannot avoid working at height; andwhere they cannot eliminate the risk of a fall, use workequipment or other measures to minimise the distanceand consequences of a fall should one occur.Figure 1, “Hierarchy of Control Measures”to consider during an assessment.To potentially defend a fall from height claim,it is necessary to critically examine whetherit was not reasonably practicable to applya better control measure in line with thehierarchy of control.• Selects the right people and equipmentfor the task.• Trains persons doing the work.• Inspects and maintains the equipmentused.• Ensures supervision and monitoring ofwork as per method statements, workinstructions and tool box talks.

Avoidance of workat height• Identify innovative solutions at the planning and designstage to avoid work at height e.g. manufacture beams thatallow edge protection to be installed at ground level beforethey are lifted in to place.• Use forklifts and cranes to unload vehicles.• Shrink wrap pallets/vehicle loads at ground level rather thanmanual sheeting on vehicle.Prevention of falls • Identify and utilise an existing safe place of work at heightbefore considering additional equipment.• Make safe existing structures with suitably adequate edgeprotection i.e. guard rails at least 950mm above the edge, fittoebaords and intermediate guard rail so no gap is greaterthan 470mm.• Design edge protection to create permanent barrier e.g. rollover barriers when lifting goods onto mezzanine areas.• Work from mobile elevated working platforms such ascherry pickers or scissor lifts or use podium steps or towerscaffolds. (Working from ladders should be seen as a lastresort).Practical control measuresConsidering the hierarchy principles,consideration should be given to commonrisks encountered within the constructionindustry together with appropriate controlmethodologies. This list is not exhaustiveand specific controls will need to beidentified as part of your risk assessment.Minimise consequenceof fallOther measures whenprevention andmitigation of falls is notreasonably practicable.• Ensure scaffolds are designed and erected in accordancewith TG20:08• Maintain high housekeeping standards.• Introduce protective equipment to reduce the distance andconsequences of a fall.• Use collective protection to protect all workers in preferenceto personal protective equipment. e.g. netting and crashmats in preference to fall arrest lanyards.• Inspect and maintain personal and collective protectiveequipment.• Training and toolbox talks e.g. ladders, tower scaffolderection, use of mobile elevated working platforms.• Warning notices e.g. for fragile roofs.• Making edges highly visible when physical edge protectionis not practicable.• Foot and hand holds to aid secure vehicle access andegress.• Suitable emergency rescue procedures for a suspendedperson.3Working at height – construction sector – Aug 2009

Ladders and step laddersLadders, step ladders and other equipmentsuch as trestles neither prevent nor mitigatethe consequence of a fall. Accidents fromsuch equipment could expose you toallegations of failing to properly considerthe hierarchy of control measures. In theevent of an accident, you may need todemonstrate why it was not reasonablypracticable to have avoided the taskaltogether or why more appropriateequipment was not used. For examplecherry pickers, tower scaffolds, platformsteps with guard rails etc.Guidance within HSE INDG402, "Safe Useof Ladders and Stepladders" states that aladder or stepladder should only be used:• In one position for maximum of30 minutes.• For light work (carrying less than 10kg).• Where a handhold is available.• Where you can maintain 3 points ofcontact with the ladder.Whilst this is sensible guidance for laddersused for simple tasks of short duration, QBEwould recommend you exercise caution onroutinely applying the 30 minute and 10kgguidance. All ladder work should be subjectto a risk assessment as the hierarchy ofcontrol within the regulations will takeprecedence over this guidance in a legalliability context.Where it has been determined that laddersand stepladders are the most appropriateequipment for the task you should ensureusers are provided with training, and thatsafe working procedures are established,communicated, and employees’understanding validated and documented.As a minimum HSE INDG405, "Top tips forladder and stepladder safety" states:• Inspect ladder before use.• Secure ladder and ensure it cannot slip.• Ground should be firm and level.• Ensure ladder angle of 75 degrees(1 unit out for every 4 units up).• Maintain 3 points of contact.• Do not work from the top 3 rungs.• Ensure ladder extends 3 rungs or1 metre above the place of landingto which it provides access.• Do not use step ladders side on.

Case studies – accidentexamplesUnsecured ladderA construction worker fell 2.3 m from aladder whilst accessing a scaffold. Theladder was not secured or footed and theworker was carrying an unreasonable loadfor the task. The construction company hadnot assessed material handling on thescaffold and had not produced a methodstatement. The injured man had received nohealth and safety induction when he arrivedon the site. The resultant claim wassuccessful.Unprotected loading rampAn operative fell off the loading ramp, whilstbeing given instruction on the use of a palmcomputer to download data from anexcavator. He was standing on the rampalongside the machine when he steppedbackwards and fell to the ground. He wasescorted to the canteen and then to hospitalwhere a subsequent medical examinationconfirmed he had suffered a fractured hip.The accident highlighted that significantinjuries can be sustained from low level fallsand that controls to protect such edges orraise awareness of them is required.Hazardous conditions andinadequate design ofscaffoldingA scaffolder aged 33 was working at aheight of 30 feet during strong winds whenthe scaffold collapsed. He was wearing aharness and was attached to the scaffold.He sustained multiple fractures to both legsand hips together with head and neckinjuries and is unlikely to return to work in amanual capacity. The accident highlightedpoor working practices and procedurestogether with poor communication anda lack of supervision.Scaffolding company ownerjailedA scaffolding company owner was jailed forbreach of a prohibition notice to ensure hismen were trained and competent to erectscaffold and work at height safely. He hada scaffold collapse, resulting in prosecution,a custodial sentence and a significant claim.5Working at height – construction sector – Aug 2009

ConclusionHSE statistics show that falls from height arethe main cause of workplace fatalities. TheWork at Height Regulations require all workat height, where a person could fall adistance liable to cause personal injury,to be assessed.With a clear hierarchy of control measuresand need for effective managementprocedures within the regulations, QBErecommends all policyholders formulatestrategies to identify all tasks where workat height is required, seeking to avoid suchwork wherever possible or introduceequipment or procedures that prevent fallsand/or minimise the consequences of falls.

References/useful informationPublicationIND(G) 401 Working at height a “brief guide”Work at Height Solutions DatabaseIND(G) 402 Safe use of ladders and stepladdersIND(G) 405 Top tips for ladders and stepladders safetyIND(G) 395 Avoiding falls from vehiclesIND(G) 367 Inspecting fall arrest equipmentHSC Falls from height StatisticsHSE Working on RoofsNASC SG4:05 Preventing Falls in Scaffolding and FalseworkNASC TG20:08 Scaffolding with Tubes and FittingsDownload/further informationwww.hse.gov.uk/pubns/indg401.pdfwww.hse.gov.uk/falls/solutions.htmwww.hse.gov.uk/pubns/indg402.pdfwww.hse.gov.uk/pubns/indg405.pdfwww.hse.gov.uk/pubns/indg395.pdfwww.hse.gov.uk/pubns/indg367.pdfwww.hse.gov.uk/statistics/pdf/rhsfall.pdfwww.hse.gov.uk/shatteredlives/workingonroofs.pdfwww.nasc.org.uk/index.shtmlwww.nasc.org.uk/index.shtmlYou can find further information atwww.QBEeurope.com/rm oremail rm@uk.qbe.com7Working at height – construction sector – Aug 2009

Author BiographyJon Lawrence, Risk Manager.Jon Lawrence joined QBE in 2001 andhas over 20 years experience within theinsurance industry primarily in the field ofliability risk management. Jon specialises inhealth and safety management systems andassists clients to reduce their risk exposuresand to mitigate potential losses. Jon takes akeen interest in the area of slips, trips andfalls and has contributed to publicationsand represents the insurance industry onHSE stakeholder groups.Jon is a Chartered Safety and HealthPractitioner and member of IOSH.DisclaimerThis Forum has been produced byQBE Insurance (Europe) Limited (“QIEL”).QIEL is a company member of theQBE Insurance Group.Readership of this Forum does not createan insurer-client, advisor-client, or otherbusiness or legal relationship.This Forum provides information about thelaw to help you understand and manage riskwithin your organisation. Legal informationis not the same as legal advice. This Forumdoes not purport to provide a definitivestatement of the law and is not intendedto replace, nor may it be relied upon asa substitute for specific legal or otherprofessional advice.QIEL has acted in good faith to provide anaccurate Forum. However, QIEL and theQBE Group do not make any warrantiesor representations of any kind about thecontents of this Forum, the accuracy ortimeliness of its contents, or that theinformation or explanations (if any) given.QIEL and the QBE Group do not haveany duty to you, whether in contract, tort,under statute or otherwise with respectto or in connection with this Forum orthe information contained within it.QIEL and the QBE Group have noobligation to update this report orany information contained within it.To the fullest extent permitted by law,QIEL and the QBE Group disclaim anyresponsibility or liability for any loss ordamage suffered or cost incurred by youor by any other person arising out of or inconnection with your or any other person’sreliance on this Report or on the informationcontained within it and for any omissionsor inaccuracies.QBE Insurance (Europe) Limited andQBE Underwriting Limited are authorisedand regulated by the Financial ServicesAuthority. QBE Management Services (UK)Limited and QBE Underwriting Services (UK)Limited are both Appointed Representativesof QBE Insurance (Europe) Limited andQBE Underwriting Limited.

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