The Work at Height Regulations 2005 (WAHR) are the principal legislation governing work at height in the UK. Understanding these regulations is essential for anyone responsible for planning, managing, or carrying out work where people could fall and be injured.
Do you comply with the Work at Height Regulations?
Are you meeting your legal duties?
What are the Work at Height Regulations 2005?
The Work at Height Regulations 2005 (WAHR) came into force on 6 April 2005, replacing earlier fragmented legislation. They consolidate requirements for safe working at height across all industries.
The regulations aim to:
- Prevent deaths and injuries from falls from height
- Ensure work at height is properly planned, supervised, and executed
- Require use of appropriate equipment
- Mandate inspection and maintenance of equipment
- Establish clear duties for employers, workers, and others
Falls from height remain the single biggest cause of workplace fatalities in the UK, accounting for around 40 deaths per year and thousands of serious injuries. The Work at Height Regulations provide the legal framework to prevent these incidents.
Definition of working at height
The regulations define work at height as:
Work in any place where, if precautions were not taken, a person could fall a distance liable to cause personal injury.
Key points:
- There is no minimum height threshold
- It includes falling from ground level into a hole, pit, or excavation
- It covers falling through fragile surfaces
- It applies to temporary and permanent work
- It includes both accessing height and working at height
Examples that ARE working at height:
- Using a ladder to change a light fitting
- Working on scaffolding or a roof
- Working near an unprotected edge (loading bay, mezzanine)
- Using a mobile elevated work platform (MEWP)
- Accessing storage at high level
- Working over water or into excavations
The broad definition means many routine activities are covered. If someone could fall and be injured, the Work at Height Regulations apply, and you must take appropriate precautions.
Who do the regulations apply to?
Duty holders
Employers and the self-employed have duties to:
- Their own employees
- Other workers (contractors, agency workers, volunteers)
- Members of the public who might be affected
Persons in control of work at height must ensure:
- Work is properly planned
- Those involved are competent
- Risks are assessed and controlled
- Equipment is suitable and maintained
Those who provide or control places where work at height is done must ensure:
- The place is safe for work at height
- Means of access and egress are safe
- Appropriate equipment can be used safely
Workers have duties to:
- Use equipment correctly as trained
- Report defects or hazards
- Not misuse equipment
- Comply with safety instructions
If you employ people or control a workplace where work at height is carried out, you have legal duties under these regulations. "I didn't know" or "I thought someone else was responsible" are not defenses.
Exemptions
The regulations do NOT apply to:
- Sea-going ships (covered by separate maritime regulations)
- Aircraft in flight (aviation regulations apply)
- Climbing activities for sport or recreation (where the objective is to climb)
However, they DO apply to:
- Construction, maintenance, and industrial work
- Warehousing and logistics
- Facilities management and property maintenance
- Agriculture and forestry
- Retail and hospitality (e.g., changing displays, cleaning)
- Domestic work carried out by employers (e.g., cleaners on ladders)
Key legal duties
Duty to avoid work at height where possible
Regulation 6(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.
What this means:
- You must consider whether the work can be done without accessing height
- This is an absolute duty — you must avoid it if reasonably practicable
- "Reasonably practicable" means the risk is grossly disproportionate to the effort needed to avoid it
Practical examples:
- Installing lowering devices for light fittings so maintenance is done at ground level
- Using extendable poles for window cleaning rather than ladders
- Bringing equipment down for service rather than accessing it at height
- Redesigning processes to eliminate height access
- Using cameras or drones for inspections instead of accessing roofs
This duty requires active consideration, not just accepting that work has "always been done this way." Challenge assumptions and explore alternatives before defaulting to working at height.
Duty to prevent falls where work at height is necessary
Regulation 6(3): If work at height cannot be avoided, you must prevent falls by using:
- Existing permanent features (stairs, walkways with guardrails)
- Work equipment that prevents falls (scaffolds with edge protection, MEWPs)
Hierarchy of control measures:
1. Eliminate the hazard entirely — avoid work at height if reasonably practicable
2. Prevent falls through collective protection (preferred):
- Guardrails and edge protection
- Scaffolding with proper edge protection
- Mobile elevated work platforms with guardrails
- Working platforms at height with guardrails
3. Minimize consequences if falls cannot be prevented (last resort):
- Fall arrest systems (harness and lanyard)
- Safety nets
- Airbags or soft landing systems
4. Other measures:
- Training and supervision
- Safe systems of work
- Emergency procedures
Fall Prevention vs Fall Arrest
Fall Arrest (Last Resort)
- •Stops you after you've started falling
- •Harness and lanyard systems
- •Risk of injury from fall forces
- •Suspension trauma is a serious risk
- •Requires rescue plan
- •Individual protection only
Fall Prevention (Preferred)
Recommended- •Stops you falling in the first place
- •Guardrails, edge protection, platforms
- •No fall forces or trauma
- •No suspension issues
- •No rescue required
- •Protects everyone automatically
Bottom line: Always prefer collective protection that prevents falls over personal protective equipment that arrests falls. Fall arrest is a last resort when prevention is not reasonably practicable.
Duty to select appropriate equipment
Regulation 7: When selecting equipment for work at height, you must give collective protection priority over personal protection, and consider:
Selection criteria:
- The working conditions and risks
- Distance and consequences of a fall
- Duration and frequency of use
- Need for emergency evacuation and rescue
- Additional risks from installing, using, or removing the equipment
Examples:
| Task | Poor Choice | Better Choice | Why |
|---|---|---|---|
| Painting exterior for 2 weeks | Ladders | Mobile tower scaffold | Stable platform, suitable for duration and task |
| Accessing roof for 10 minutes inspection | Fall arrest harness | MEWP with guardrails | Collective protection, no suspension trauma risk |
| Ongoing warehouse maintenance | Climbing racking | Fixed access walkways | Permanent solution, eliminates repeated risk |
| Short gutter clear (30 mins) | No protection | Ladder with stabilizers | Low risk, short duration, equipment proportionate |
Equipment selection is not just about what's available or cheapest. You must assess each task and choose equipment that is appropriate for the risk, duration, and working conditions.
Duty to ensure equipment is safe
Regulation 8: Work equipment for working at height must be:
Suitable:
- Appropriate for the task and working conditions
- Adequate strength and stability for its purpose
- Sufficient dimensions for safe use and passage
Stable:
- Prevented from slipping, falling over, or moving unintentionally
- Adequately supported and based
Strong:
- Capable of supporting the loads placed on it
- Not overloaded beyond safe working limits
Inspected:
- Before first use
- At suitable intervals during use
- After any event that could affect stability or strength
"Suitable" is a legal test. Just because equipment exists doesn't mean it's suitable. A Class 3 domestic ladder is not suitable for trade use. A scaffold without edge protection is not suitable. Equipment must match the task, risks, and conditions.
Duty to ensure equipment is inspected
Regulation 12: Work equipment must be inspected:
Inspection schedule:
- Before first use after installation or assembly
- At suitable intervals — frequency depends on risk and equipment type
- After events that could affect safety (e.g., adverse weather, impacts, alterations)
Common inspection frequencies:
- Ladders: Before each use (visual), detailed inspection every 3-6 months
- Scaffolding: Before first use, then every 7 days, and after adverse weather or alterations
- MEWPs: Daily pre-use checks, thorough examination every 6-12 months (LOLER)
- Fall arrest equipment: Before each use, thorough examination every 6 months
Inspection requirements:
- Carried out by a competent person
- Results must be recorded
- Records kept until next inspection (scaffolds: 3 months after dismantling)
- Defects identified and action taken
Typical Work at Height Inspection Schedule
Visual inspection of ladders, harnesses, lanyards by the user
Statutory inspection by competent person while in use
Thorough recorded inspection by competent person
Detailed examination of harnesses, lanyards, anchor points
LOLER inspection by competent engineer
Immediate inspection after drops, strikes, falls, or other events
Duty to ensure competence
Regulation 5: No person shall:
- Organize or plan work at height unless competent to do so
- Work at height unless competent or supervised by a competent person
What is competence? Competence means having:
- Sufficient training — formal instruction in the work
- Relevant experience — practical application of knowledge
- Knowledge and understanding — awareness of hazards and controls
- Ability — physical and mental capability to perform safely
Competence requirements:
| Role | Typical Competence Requirements |
|---|---|
| Worker using ladders | Training in ladder safety, inspection, and correct use; demonstrated understanding; supervised initially |
| Scaffold user | Training in safe scaffold use, hazard recognition, load limits; site-specific induction |
| Scaffold erector | CISRS certification or equivalent; trained in TG20:13 or specific designs |
| MEWP operator | IPAF certification for specific machine categories; familiarization with model |
| Person planning work at height | Understanding of regulations, hierarchy of controls, risk assessment; experience in planning similar work |
| Scaffold inspector | CISRS Advanced/Inspector qualification; thorough understanding of scaffold standards and defects |
Training alone does not equal competence. Someone who has attended a one-day ladder course but never used a ladder in anger is not competent to work unsupervised. Competence = training + experience + knowledge.
Duty to plan, supervise, and organize
Regulation 4: Work at height must be:
Properly planned:
- Risks identified through assessment
- Appropriate equipment selected
- Work method established
- Emergency and rescue procedures determined
- Weather and other conditions considered
- Duration and complexity taken into account
Appropriately supervised:
- Competent supervision provided
- Supervisors able to recognize unsafe practices
- Authority to stop work if conditions become unsafe
- Regular monitoring of compliance
Conducted to minimize risk:
- Safe systems of work followed
- Precautions in place before work begins
- Equipment used correctly
- Changes in conditions responded to
"Properly planned" means documented for anything other than routine, low-risk work. For complex or high-risk work at height, create a written plan including task description, equipment, personnel, sequences, emergency procedures, and sign-off.
Specific equipment requirements
Ladders and stepladders
Ladders are only acceptable when:
- The work is short duration (typically less than 30 minutes in one position)
- Light work that allows three points of contact to be maintained
- Use of more suitable equipment is not justified due to low risk and short duration
- Existing features of the site make other equipment impracticable
If using ladders:
- Adequate strength for the loads
- Secured to prevent slipping (top or bottom)
- Correct angle (1 in 4 rule for leaning ladders)
- Extend at least 1m above landing point if for access
- Free from obvious defects
- Inspected before use
Regulation 6(5) specifically addresses ladders because they were commonly used inappropriately as working platforms. The regulations make clear ladders are for access and short-duration, light work only.
Scaffolding
All scaffolding must:
- Be designed by a competent person (using TG20:13 or specific calculations)
- Be erected, dismantled, and altered only by trained, competent persons
- Be inspected before first use, every 7 days, and after events affecting stability
- Have adequate edge protection (top rail, intermediate rail, toe board)
- Have safe means of access and egress
- Have sufficient strength and stability for the loads and work
- Display a handover certificate with safe working load
Common failures:
- Scaffold used without inspection or handover certificate
- Edge protection removed or incomplete
- Overloading beyond design capacity
- Ties removed or inadequate
- Modifications made by non-scaffolders
- Using domestic scaffolding for commercial work
Mobile elevated work platforms (MEWPs)
Requirements:
- Operators must be trained (IPAF or equivalent)
- Daily pre-use checks required
- Thorough examination every 6-12 months under LOLER
- Ground conditions must be suitable
- Guardrails or fall arrest used as specified by manufacturer
- Operating manual available and followed
- Emergency lowering and rescue procedures established
Common failures:
- Untrained operators
- Pre-use checks not done
- Operating on unsuitable ground (slopes, soft surfaces)
- Working near overhead power lines without precautions
- No rescue plan for machine failure
Fall arrest equipment
When fall arrest is necessary:
- Anchor points must be suitable and rated for the load
- Harnesses must be CE-marked, correctly fitted, in date
- Lanyards must include shock absorbers if required
- Equipment inspected before each use and thoroughly examined every 6 months
- Users must be trained in correct use and emergency procedures
- Rescue plan must be in place — suspension trauma can be fatal
Critical point: Fall arrest is not a complete solution without a rescue plan. If someone falls and is suspended in a harness, you must be able to rescue them quickly (typically within 20-30 minutes) to prevent suspension trauma.
Contractor fined £200,000 after worker falls 9 metres
A maintenance contractor was carrying out roof repairs on a commercial building. The worker was using a harness but the anchor point failed, and he fell 9 metres onto concrete.
- ✗Anchor point not properly rated or tested
- ✗No assessment of anchor point suitability
- ✗Edge protection would have prevented the fall entirely but was not used
- ✗Fall arrest used as primary protection rather than last resort
- ✗No inspection of anchor point before use
- ✗Worker inadequately trained in selecting anchor points
Serious spinal and head injuries; worker unable to return to work. HSE prosecution: £200,000 fine plus £50,000 costs. Inspector noted: 'Fall arrest was used as a substitute for proper planning and equipment.'
Fall arrest equipment is the last resort, not the easy option. Always prefer equipment that prevents falls. If fall arrest is necessary, anchor points must be specifically designed, rated, and inspected for the purpose.
Enforcement and penalties
HSE enforcement
The Health and Safety Executive (HSE) and local authorities enforce the Work at Height Regulations.
Enforcement actions:
- Improvement notices — require you to remedy breaches within a specified time
- Prohibition notices — immediate stop to work until hazards are addressed
- Prosecution — for serious or repeated breaches
HSE priorities for work at height:
- Falls from height remain a leading cause of workplace deaths
- Proactive inspections of construction sites, warehouses, and high-risk sectors
- Reactive investigations following accidents or complaints
- Focus on ladder safety, scaffold inspections, and edge protection
Penalties for non-compliance
Magistrates' Court (summary conviction):
- Unlimited fines (no upper limit since 2015)
- Up to 6 months imprisonment for serious breaches
Crown Court (indictment):
- Unlimited fines
- Up to 2 years imprisonment for serious breaches
Sentencing guidelines consider:
- Seriousness of the offense and culpability
- Harm caused or risked
- Size and financial position of the organization
- Previous convictions or warnings
Typical fines:
- Small businesses: £10,000-£100,000 for serious breaches
- Large businesses: £100,000-£2,000,000+ for serious breaches
- Individuals (directors, managers): £5,000-£50,000+ and possible imprisonment
Fines have increased dramatically in recent years. Courts now consider organization turnover when setting fines, meaning even small breaches can result in substantial penalties. More importantly, people have been imprisoned for gross negligence leading to deaths.
Common breaches and how to avoid them
Breach: Using ladders inappropriately
The problem: Using ladders as working platforms for extended work or where both hands are needed.
Why it's a breach: Regulation 6(5) specifies ladders are only acceptable for short-duration, light work where more suitable equipment is not justified.
How to comply:
- Assess each task — if it takes longer than 30 minutes or requires both hands, use a platform
- Use mobile towers, MEWPs, or scaffolding for proper working platforms
- Reserve ladders for access and brief, light tasks only
Breach: No scaffold inspections
The problem: Scaffolding in use without inspections, or inspections overdue (more than 7 days).
Why it's a breach: Regulation 12 requires inspection before first use and then every 7 days.
How to comply:
- Engage competent inspectors (CISRS qualified or equivalent)
- Establish a 7-day inspection schedule for each scaffold
- Maintain records on site and for 3 months after dismantling
- Inspect after any adverse weather or alterations
Breach: Missing edge protection
The problem: Scaffolds, platforms, or roof edges without top rail, intermediate rail, and toe board.
Why it's a breach: Regulation 6(3) requires fall prevention through collective protection; Schedule 2 specifies edge protection requirements.
How to comply:
- Ensure all open edges at 2m or more have complete three-rail edge protection
- Never remove guardrails without authorized method and alternative protection
- Inspect regularly and replace damaged or missing components immediately
Breach: Incompetent persons erecting scaffold or planning work
The problem: Work planned by someone who doesn't understand the regulations, or scaffolds erected by untrained persons.
Why it's a breach: Regulation 5 prohibits organizing, planning, or carrying out work at height unless competent.
How to comply:
- Check qualifications (CISRS for scaffolders, IPAF for MEWP operators)
- Provide training for supervisors and planners
- Assess competence (not just training certificates — demonstrate understanding)
- Supervise less experienced persons until competent
Breach: No risk assessment or planning
The problem: Work at height carried out without assessing risks or planning precautions.
Why it's a breach: Regulation 3 applies duties under Management Regulations (risk assessment); Regulation 4 requires proper planning.
How to comply:
- Risk-assess all work at height activities
- For complex work, create written plans
- Identify equipment needs, access arrangements, emergency procedures
- Brief workers on the plan before work starts
HSE inspectors know what to look for. Common inspection findings include missing scaffold inspection records, ladders used inappropriately, no edge protection, and workers without training. Addressing these basics prevents the majority of prosecutions.
Frequently asked questions
There is no minimum height. The regulations apply to any work where a person could fall and be injured. This includes falling from ground level into a hole, pit, or excavation, or falling through a fragile surface.
Yes. Self-employed persons have the same duties as employers if their work could put themselves or others at risk. You cannot avoid the regulations by being self-employed.
Yes, but only for short-duration work (typically less than 30 minutes in one position) that is light and allows you to maintain three points of contact. For longer work or where both hands are needed, use a working platform.
Before first use, then at least every 7 days while in use, and after any event that could affect stability (such as high winds, alterations, or impacts). Inspections must be by a competent person and recorded.
1) Avoid work at height if reasonably practicable. 2) Prevent falls using collective protection (guardrails, scaffolding). 3) Minimize distance and consequences of falls (fall arrest, nets). You must follow this order — fall arrest is last resort.
Competence requires sufficient training, experience, knowledge, and ability to recognize risks and work safely. Training alone is not enough — competence = training + experience + understanding.
Unlimited fines in both Magistrates' and Crown Courts, plus up to 2 years imprisonment for serious breaches. Typical fines range from £10,000 to over £2 million depending on severity and organization size.
Yes, absolutely. If someone falls and is suspended in a harness, suspension trauma can cause death within 20-30 minutes. You must have a plan and resources to rescue them quickly.
Both can have duties. The employer controls the workplace and work; contractors control their methods and equipment. Duties are coordinated, but both can be prosecuted for breaches in their respective areas of control.
Report it immediately to the site supervisor or manager. If there's imminent danger, intervene to stop the work if safe to do so. Workers have a duty not to misuse equipment and to report dangers.
Next steps
Understand what constitutes working at height:
Learn about specific equipment requirements:
Ladder Safety Requirements → Scaffold Requirements →
Need help ensuring compliance with the Work at Height Regulations? A qualified health and safety consultant can audit your arrangements, identify gaps, and provide practical solutions tailored to your operations.
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