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STATUTORY RULES OF NORTHERN IRELAND


2005 No. 279

HEALTH AND SAFETY

The Work at Height Regulations (Northern Ireland) 2005

  Made 27th May 2005 
  Coming into operation 11th July 2005 


ARRANGEMENT OF REGULATIONS

1. Citation and commencement.
2. Interpretation.
3. Application.
4. Organisation and planning.
5. Competence.
6. Avoidance of risks from work at height.
7. Selection of work equipment for work at height.
8. Requirements for particular work equipment.
9. Fragile surfaces.
10. Falling objects.
11. Danger areas.
12. Inspection of work equipment.
13. Inspection of places of work at height.
14. Duties of persons at work.
15. Exemption by the Health and Safety Executive for Northern Ireland.
16. Exemption by the Secretary of State for Defence.
17. Amendment of the Provision and Use of Work Equipment Regulations (Northern Ireland) 1999.
18. Repeal of section 25 of the Factories Act (Northern Ireland) 1965.
19. Revocations.

SCHEDULES

  Schedule 1. Premises and activities within the territorial sea.

  Schedule 2. Requirements for existing places of work and means of access or egress at height.

  Schedule 3. Requirements for guard-rails, toe-boards, barriers, and similar collective means of protection.

  Schedule 4. Requirements for working platforms.

  Schedule 5. Requirements for collective safeguards for arresting falls.

  Schedule 6. Requirements for personal fall protection systems.

  Schedule 7. Requirements for ladders.

  Schedule 8. Particulars to be included in a report of inspection.

  Schedule 9. Revocations.

The Department of Enterprise, Trade and Investment[
1], being the Department concerned[2], in exercise of the powers conferred on it by Articles 17(1), (2), (3), (5), (6)[3] and 55(2) of, and paragraphs 1(1), (2) and (3), 8, 10, 13, 14, and 15 of Schedule 3 to, the Health and Safety at Work (Northern Ireland) Order 1978[4] and of every other power enabling it in that behalf and for the purpose of giving effect without modifications to proposals submitted to it by the Health and Safety Executive for Northern Ireland under Article 13(1A) of that Order[5] after the carrying out by the said Executive of consultations in accordance with Article 46(3) of that Order[6], hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Work at Height Regulations (Northern Ireland) 2005 and shall come into operation on 11th July 2005.

Interpretation
    
2.  - (1) In these Regulations -

where, if measures required by these Regulations were not taken, a person could fall a distance liable to cause personal injury;

    (2) Any reference in these Regulations to the keeping of a report or copy of a report or plan shall include reference to its being kept in a form -

Application
     3.  - (1) Within the territorial sea these Regulations shall apply only to and in relation to the premises and activities to which any of paragraphs 2 to 6 of Schedule 1 applies.

    (2) The requirements imposed by these Regulations on an employer shall apply in relation to work -

    (3) The requirements imposed by these Regulations on an employer shall also apply to -

    (4) Regulations 4 to 16 shall not apply to or in relation to -

    (5) Regulation 11 shall not apply to an installation while regulation 12 of the Offshore Installations and Wells (Design and Construction, etc) Regulations (Northern Ireland) 1996[11] apply to it.

    (6) In this regulation -

Organisation and planning
     4.  - (1) Every employer shall ensure that work at height is -

and that its planning includes the selection of work equipment in accordance with regulation 7.

    (2) Reference in paragraph (1) to planning of work includes planning for emergencies and rescue.

    (3) 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.

    (4) Paragraph (3) shall not apply where members of the police, fire, ambulance or other emergency services are acting in an emergency.

Competence
    
5. Every employer shall ensure that a person shall not engage in any activity, including organisation, planning and supervision, in relation to work at height or work equipment for use in such work unless he is competent to do so or, if being trained, is being supervised by a competent person.

Avoidance of risks from work at height
    
6.  - (1) In identifying the measures required by this regulation, every employer shall take account of a risk assessment under regulation 3 of the Management Regulations.

    (2) Every employer shall ensure that work is not carried out at height where it is reasonably practicable to carry out the work safely otherwise than at height.

    (3) Where work is carried out at height, every employer shall take suitable and sufficient measures to prevent, so far as is reasonably practicable, any person falling a distance liable to cause personal injury.

    (4) The measures required by paragraph (3) shall include -

    (5) Where measures taken under paragraph (4) do not eliminate the risk of a fall occurring, every employer shall -

Selection of work equipment for work at height
    
7.  - (1) Every employer, in selecting work equipment for use in work at height, shall -

    (2) An employer shall select work equipment for work at height which -

Requirements for particular work equipment
    
8. Every employer shall ensure that, in the case of -

Fragile surfaces
    
9.  - (1) Every employer shall ensure that a person at work does not pass across or near, or work on, from or near, a fragile surface where it is reasonably practicable to carry out work safely and under appropriate ergonomic conditions without his doing so.

    (2) Where it is not reasonably practicable to carry out work safely and under appropriate ergonomic conditions without passing across or near, or working on, from or near, a fragile surface, every employer shall -

    (3) Where any person at work may pass across or near, or work on, from or near, a fragile surface, every employer shall ensure that -

    (4) Paragraph (3) shall not apply where members of the police, fire, ambulance or other emergency services are acting in an emergency.

Falling objects
    
10.  - (1) Every employer shall, where necessary to prevent injury to any person, take suitable and sufficient steps to prevent, so far as is reasonably practicable, the fall of any material or object.

    (2) Where it is not reasonably practicable to comply with the requirements of paragraph (1), every employer shall take suitable and sufficient steps to prevent any person being struck by any falling material or object which is liable to cause personal injury.

    (3) Every employer shall ensure that no material or object is thrown or tipped from height in circumstances where it is liable to cause injury to any person.

    (4) Every employer shall ensure that materials and objects are stored in such a way as to prevent risk to any person arising from the collapse, overturning or unintended movement of such materials or objects.

Danger areas
    
11. Without prejudice to the preceding requirements of these Regulations, every employer shall ensure that -

Inspection of work equipment
    
12.  - (1) This regulation applies only to work equipment to which regulation 8 and Schedules 3 to 7 apply.

    (2) Every employer shall ensure that, where the safety of work equipment depends on how it is installed or assembled, it is not used after installation or assembly in any position unless it has been inspected in that position.

    (3) Every employer shall ensure that work equipment exposed to conditions causing deterioration which is liable to result in dangerous situations is inspected -

to ensure that health and safety conditions are maintained and that any deterioration can be detected and remedied in good time.

    (4) Without prejudice to paragraph (2), every employer shall ensure that a working platform -

is not used in any position unless it has been inspected in that position or, in the case of a mobile working platform, inspected on the site, within the previous 7 days.

    (5) Every employer shall ensure that no work equipment, other than lifting equipment to which the requirement in regulation 9(4) of the Lifting Operations and Lifting Equipment Regulations (Northern Ireland) 1999[
12] ("LOLER") applies -

unless it is accompanied by physical evidence that the last inspection required to be carried out under this regulation has been carried out.

    (6) Every employer shall ensure that the result of an inspection under this regulation is recorded and, subject to paragraph (8), kept until the next inspection under this regulation is recorded.

    (7) A person carrying out an inspection of work equipment to which paragraph (4) applies shall -

    (8) An employer receiving a report or copy under paragraph (7) shall keep the report or a copy thereof -

    (9) Where a thorough examination has been made of lifting equipment under regulation 9 of LOLER -

    (10) In this regulation "inspection", subject to paragraph (9) -

Inspection of places of work at height
     13. Every employer shall so far as is reasonably practicable ensure that the surface and every parapet, permanent rail or other such fall protection measure of every place of work at height are checked on each occasion before the place is used.

Duties of persons at work
    
14.  - (1) Every person shall, where working under the control of another person, report to that person any activity or defect relating to work at height which he knows is likely to endanger the safety of himself or another person.

    (2) Every person shall use any work equipment or safety device provided to him for work at height by his employer, or by a person under whose control he works, in accordance with -

Exemption by the Health and Safety Executive for Northern Ireland
    
15.  - (1) Subject to paragraph (2), the Executive may, by a certificate in writing, exempt -

from the requirements imposed by paragraph 3(a) and (c) of Schedule 3, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing.

    (2) The Executive shall not grant any such exemption unless, having regard to the circumstances of the case and in particular to -

it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.

Exemption by the Secretary of State for Defence
    
16.  - (1) Subject to paragraph (2) the Secretary of State for Defence may, in the interests of national security, by a certificate in writing, exempt any person or class of persons from any requirement or prohibition imposed by these Regulations in respect of activities carried out in the interests of national security, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by the Secretary of State by a certificate in writing at any time.

    (2) The Secretary of State shall not grant any such exemption unless he is satisfied that the health and safety of the employees concerned are ensured as far as possible in the light of the objectives of these Regulations.

Amendment of the Provision and Use of Work Equipment Regulations (Northern Ireland) 1999
    
17. There shall be added to regulation 6(5) of the Provision and Use of Work Equipment Regulations (Northern Ireland) 1999[13] the following sub-paragraph -

Repeal of section 25 of the Factories Act (Northern Ireland) 1965
     18. Section 25 of the Factories Act (Northern Ireland) 1965[14] is repealed.

Revocations
     19. The statutory provisions referred to in column 1 of Schedule 9 shall be revoked to the extent specified in the corresponding entry in column 3 of that Schedule.



Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on


27th May 2005.

L.S.


M. Bohill
A senior officer of the Department of Enterprise, Trade and Investment


SCHEDULE 1
Regulation 3


PREMISES AND ACTIVITIES WITHIN THE TERRITORIAL SEA


Interpretation
     1.  - (1) In this Schedule -

    (2) For the purposes of this Schedule, any structures and devices on top of a well shall be treated as forming part of the well.

    (3) Any reference in this Schedule to premises and activities includes a reference to any person, article or substance on those premises or engaged in, or, as the case may be, used or for use in connection with any such activity, but does not include a reference to an aircraft which is airborne.

Offshore installations
     2.  - (1) This paragraph shall apply to and in relation to -

    (2) Subject to sub-paragraph (3), in this paragraph, "offshore installation" means a structure which is, or is to be, or has been, used while standing or stationed in water, or on the foreshore or other land intermittently covered with water -

together with any supplementary unit which is ordinarily connected to it, and all the connections.

    (3) Any reference in sub-paragraph (2) to a structure or unit does not include -

Wells
     3.  - (1) Subject to sub-paragraph (2), this paragraph applies to and in relation to -

    (2) Sub-paragraph (1) includes keeping a vessel on station for the purpose of working on a well but otherwise does not include navigation or an activity connected with navigation.

Pipelines
     4.  - (1) This paragraph applies to and in relation to -

    (2) In this paragraph -

but not including a pipeline of which no initial or terminal point is situated in the United Kingdom, within the territorial sea adjacent to the United Kingdom, or within a designated area;

Mines
     5.  - (1) This paragraph applies to and in relation to a mine within the territorial sea or extending beyond it, and any activity in connection with it, while it is being worked.

    (2) In this paragraph "mine" has the same meaning as in the Mines Act (Northern Ireland) 1969[17].

Other activities
     6.  - (1) Subject to paragraph (2), this paragraph applies to and in relation to -

    (2) This paragraph shall not apply -



SCHEDULE 2
Regulation 6(4)(a)


REQUIREMENTS FOR EXISTING PLACES OF WORK AND MEANS OF ACCESS OR EGRESS AT HEIGHT


Every existing place of work or means of access or egress at height shall -



SCHEDULE 3
Regulation 8(a)


REQUIREMENTS FOR GUARD-RAILS, TOE-BOARDS, BARRIERS AND SIMILAR COLLECTIVE MEANS OF PROTECTION


     1. Any reference in this Schedule to means of protection is to a guard-rail, toe-board, barrier or similar collective means of protection.

     2. Means of protection shall -

     3. In relation to work at height involved in construction work -

     4. Any structure or part of a structure which supports means of protection or to which means of protection are attached shall be of sufficient strength and suitable for the purpose of such support or attachment.

     5.  - (1) Subject to sub-paragraph (2), there shall not be a lateral opening in means of protection save at a point of access to a ladder or stairway where an opening is necessary.

    (2) Means of protection shall be removed only for the time and to the extent necessary to gain access or egress or for the performance of a particular task and shall be replaced as soon as practicable.

    (3) The task shall not be performed while means of protection are removed unless effective compensatory safety measures are in place.



SCHEDULE 4
Regulation 8(b)


REQUIREMENTS FOR WORKING PLATFORMS




PART 1

REQUIREMENTS FOR ALL WORKING PLATFORMS

Interpretation
     1. In this Schedule, "supporting structure" means any structure used for the purpose of supporting a working platform and includes any plant used for that purpose.

Condition of surfaces
     2. Any surface upon which any supporting structure rests shall be stable, of sufficient strength and of suitable composition safely to support the supporting structure, the working platform and any loading intended to be placed on the working platform.

Stability of supporting structure
     3. Any supporting structure shall -

Stability of working platforms
     4. A working platform shall -

Safety on working platforms
     5. A working platform shall -

Loading
     6. A working platform and any supporting structure shall not be loaded so as to give rise to a risk of collapse or to any deformation which could affect its safe use.



PART 2

ADDITIONAL REQUIREMENTS FOR SCAFFOLDING

Additional requirements for scaffolding
     1. Strength and stability calculations for scaffolding shall be carried out unless -

     2. Depending on the complexity of the scaffolding selected, an assembly, use and dismantling plan shall be drawn up by a competent person. This may be in the form of a standard plan, supplemented by items relating to specific details of the scaffolding in question.

     3. A copy of the plan, including any instructions it may contain, shall be kept available for the use of persons concerned in the assembly, use, dismantling or alteration of scaffolding until it has been dismantled.

     4. The dimensions, form and layout of scaffolding decks shall be appropriate to the nature of the work to be performed and suitable for the loads to be carried and permit work and passage in safety.

     5. While a scaffold is not available for use, including during its assembly, dismantling or alteration, it shall be marked with general warning signs in accordance with the Health and Safety (Safety Signs and Signals) Regulations (Northern Ireland) 1996[
18] and be suitably delineated by physical means preventing access to the danger zone.

     6. Scaffolding may be assembled, dismantled or significantly altered only under the supervision of a competent person and by persons who have received appropriate and specific training in the operations envisaged which addresses specific risks which the operations may entail and precautions to be taken, and more particularly in -



SCHEDULE 5
Regulation 8(c)


REQUIREMENTS FOR COLLECTIVE SAFEGUARDS FOR ARRESTING FALLS


     1. Any reference in this Schedule to a safeguard is to a collective safeguard for arresting falls.

     2. A safeguard shall be used only if -

     3. A safeguard shall be suitable and of sufficient strength to arrest safely the fall of any person who is liable to fall.

     4. A safeguard shall -

     5. Suitable and sufficient steps shall be taken to ensure, so far as practicable, that in the event of a fall by any person the safeguard does not itself cause injury to that person.



SCHEDULE 6
Regulation 8(d)


REQUIREMENTS FOR PERSONAL FALL PROTECTION SYSTEMS




PART 1

REQUIREMENTS FOR ALL PERSONAL FALL PROTECTION SYSTEMS

     1. A personal fall protection system shall be used only if -

     2. A personal fall protection system shall -

     3. A personal fall protection system designed for use with an anchor shall be securely attached to at least one anchor, and each anchor and the means of attachment thereto shall be suitable and of sufficient strength and stability for the purpose of supporting any foreseeable loading.

     4. Suitable and sufficient steps shall be taken to prevent any person falling or slipping from a personal fall protection system.



PART 2

ADDITIONAL REQUIREMENTS FOR WORK POSITIONING SYSTEMS

A work positioning system shall be used only if either -



PART 3

ADDITIONAL REQUIREMENTS FOR ROPE ACCESS AND POSITIONING TECHNIQUES

     1. A rope access or positioning technique shall be used only if -

     2. Taking the risk assessment into account and depending in particular on the duration of the job and the ergonomic constraints, provision must be made for a seat with appropriate accessories.

     3. The system may comprise a single rope where -



PART 4

ADDITIONAL REQUIREMENTS FOR FALL ARREST SYSTEMS

     1. A fall arrest system shall incorporate a suitable means of absorbing energy and limiting the forces applied to the user's body.

     2. A fall arrest system shall not be used in a manner -



PART 5

ADDITIONAL REQUIREMENTS FOR WORK RESTRAINT SYSTEMS

A work restraint system shall -



SCHEDULE 7
Regulation 8(e)


REQUIREMENTS FOR LADDERS


     1. Every employer shall ensure that a ladder is used for work at height only if a risk assessment under regulation 3 of the Management Regulations has demonstrated that the use of more suitable work equipment is not justified because of the low risk and -

     2. Any surface upon which a ladder rests shall be stable, firm, of sufficient strength and of suitable composition safely to support the ladder so that its rungs or steps remain horizontal, and any loading intended to be placed on it.

     3. A ladder shall be so positioned as to ensure its stability during use.

     4. A suspended ladder shall be attached in a secure manner and so that, with the exception of a flexible ladder, it cannot be displaced and swinging is prevented.

     5. A portable ladder shall be prevented from slipping during use by -

     6. A ladder used for access shall be long enough to protrude sufficiently above the place of landing to which it provides access, unless other measures have been taken to ensure a firm handhold.

     7. No interlocking or extension ladder shall be used unless its sections are prevented from moving relative to each other while in use.

     8. A mobile ladder shall be prevented from moving before it is stepped on.

     9. Where a ladder or run of ladders rises a vertical distance of 9 metres or more above its base, there shall, where reasonably practicable, be provided at suitable intervals sufficient safe landing areas or rest platforms.

     10. Every ladder shall be used in such a way that -



SCHEDULE 8
Regulation 12(7)


PARTICULARS TO BE INCLUDED IN A REPORT OF INSPECTION


     1. The name and address of the person for whom the inspection was carried out.

     2. The location of the work equipment inspected.

     3. A description of the work equipment inspected.

     4. The date and time of the inspection.

     5. Details of any matter identified that could give rise to a risk to the health or safety of any person.

     6. Details of any action taken as a result of any matter identified in paragraph 5.

     7. Details of any further action considered necessary.

     8. The name and position of the person making the report.



SCHEDULE 9
Regulation 19


REVOCATIONS


Column1 Column 2 Column 3
Statutory Provision Reference Extent of revocation
Shipbuilding and Ship-repairing Regulations (Northern Ireland) 1971 S.R. & O. 1971 No. 372 Regulations 6 to 9, 11 to 19 and 21 to 29
Docks Regulations (Northern Ireland) 1989 S.R. 1989 No. 320 Regulation 7(4) and (5); in regulation 7(6) the words "and (c) any other place not being a quay or jetty where any person working or passing might fall a distance of more than 2 metres,"
Loading and Unloading of Fishing Vessels Regulations (Northern Ireland) 1989 S.R. 1989 No. 321 In regulation 5(3) the words "and (c) any other place not being a quay where any person working or passing might fall a distance of more than two metres;"
Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) 1993 S.R. 1993 No. 37 Regulation 13(1) to (4)
Construction (Health, Safety and Welfare) Regulations (Northern Ireland) 1996 S.R. 1996 No. 510 In regulation 2, the definitions of "fragile material", "personal suspension equipment" and "working platform"; regulations 6 to 8; in regulation 28(2) the word "scaffold" in both instances; regulation 29(5) and (6)(a); Schedules 1 to 5; and the entry first mentioned in columns 1 and 2 of Schedule 7



EXPLANATORY NOTE

(This note is not part of the Regulations)


     1. These Regulations impose health and safety requirements with respect to work at height, with certain exceptions including by instructors or leaders in recreational climbing and caving.

     2. These Regulations give effect as respects Northern Ireland to Directive 2001/45/EC of the European Parliament and of the Council (O.J. No. L195, 19.7.2001, p. 46), amending Council Directive 89/655/EEC (O.J. No. L393, 30.12.89, p. 13) concerning the minimum safety and health requirements for the use of work equipment by workers at work. They contain additional provisions, including provisions which replace regulations giving effect to certain provisions of Council Directives 89/391/EEC (O.J. No. L183, 2.6.89, p. 1) on the introduction of measures to encourage improvements in the safety and health of workers at work and 92/57/EEC (O.J. No. L245, 26.8.92, p. 6) on the implementation of minimum health and safety requirements at temporary or mobile construction sites.

     3. The Regulations -

     4. In Great Britain the corresponding Regulations are the Work at Height Regulations 2005 (S.I. 2005/735). The Great Britain Health and Safety Executive has prepared a full regulatory impact assessment in relation to these Regulations and a copy of that assessment together with a Northern Ireland Supplement prepared by the Health and Safety Executive for Northern Ireland is held at the offices of that Executive at 83 Ladas Drive, Belfast BT6 9FR from where a copy may be obtained on request.

     5. A person who contravenes the Regulations is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978 and is liable, on summary conviction, to a fine not exceeding the statutory maximum (currently £5,000) or, on conviction on indictment, to a fine.


Notes:

[1] Formerly the Department of Economic Development: see S.I. 1999/283 (N.I. 1), Article 3(5)back

[2] See Article 2(2) of S.I. 1978/1039 (N.I. 9)back

[3] Article 17 must be read with S.I. 1992/1728 (N.I. 17), Articles 3(2) and 4(2)back

[4] S.I. 1978/1039 (N.I. 9); the general purposes of Part II referred to in Article 17(1) were extended by S.I. 1992/1728 (N.I. 17), Article 3(1). Article 47A was inserted by Article 3, and Article 2 was amended by Articles 4 and 8 of S.I. 1997/1774 (N.I. 16)back

[5] Article 13(1A) was substituted by S.I. 1998/2795 (N.I. 18), Article 4back

[6] Article 46(3) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1 paragraphs 8 and 18(c)back

[7] S.R. 1996 No. 510, as amended by S.R. 1997 No. 229, S.R. 1999 No. 150, S.R. 1999 No. 304, S.R. 1999 No. 305 and S.R. 2000 No. 388back

[8] S.R. 2000 No. 388, as amended by S.R. 2001 No. 348 and S.R. 2003 No. 454back

[9] S.R. 1989 No. 320, as amended by S.R. 1992 No. 374, S.R. 1993 No. 366, S.R. 1999 No. 150 and S.R. 1999 No. 304. Revoked in part by S.R. 1999 No. 13 and S.R. 1999 No. 304back

[10] S.R. 1989 No. 321, as amended by S.R. 1999 No. 150back

[11] S.R. 1996 No. 228back

[12] S.R. 1999 No. 304, as amended by S.R. 2003 No. 423back

[13] S.R. 1999 No. 305, as amended by S.I. 1999/2001, S.R. 2000 No. 87, S.I. 2001/1701, S.R. 2003 No. 423 and S.I. 2004/129back

[14] 1965 c. 20back

[15] 1964 c. 29; section 1 was amended by the Oil and Gas (Enterprise) Act 1982 (1982 c. 23), Schedule 3, paragraph 1back

[16] S.R. 2005 No. 45back

[17] 1969 c. 6 (N.I.)back

[18] S.R. 1996 No. 119, as amended by S.R. 1997 No. 247, S.R. 1999 No. 150 and S.R. 2000 No. 388back



ISBN 0 337 96033 X


 © Crown copyright 2005

Prepared 8 June 2005


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