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David Foster explains how the new Work at Height Regulations 2005 affect managing agents and all those working in the residential sector.
‘Working At Height’ conjures up visions of steeplejacks, window cleaners on long ladders, roofers and builders scrambling about on scaffolding. However the Work at Height Regulations 2005 (WAHR) apply to all work at height wherever there is a risk of a fall likely to cause injury. This can mean any height above ground level (even inches) where a person could be injured if they fell from that place. WAHR 2005 replaces previous regulations that applied only to heights over a minimum of two metres.
Falling from height is the single biggest cause of death in the workplace. We all notice the headline grabbing stories of accidents involving people falling from scaffolding or roofs, however, those falling from a stepladder, a stool or a chair while undertaking quite mundane tasks are often taken less seriously. Yet these are just as likely to result in injury that can ultimately cost the employer in terms of sick pay, replacement labour and personal injury claims.
In the residential sector there are many day-to-day tasks that require employees and residents to work at height. Those who have responsibility for common areas within apartment blocks should be aware what activities are taking place within those areas and take adequate steps to ensure the Working at Height Regulations are followed and that suitable steps are taken to prevent accidents.
If contractors are being employed to carry out work at height you must check their competency to carry out such work and make sure they have a safe method of working.
If employees are required to work at height you must ensure they are competent and physically able to do that work; that the equipment they are using is suitable and safe for the purpose; and that they have had suitable training.
If residents are undertaking work in the areas that you have responsibility for, then quite simply they should not as they are unlikely to be trained, competent and, most importantly, insured.
WAHR requirements
WAHR 2005 requires that all duty holders (employers, managing agents and others that are responsible for the property, such as directors of resident management companies) must ensure:
o All work at height is properly planned and organised
o Those involved in work at height are competent
o The risks from work at height are assessed and appropriate work equipment is selected and used
o The risks from fragile surfaces are properly controlled; and
o Equipment for work at height (safety harnesses and lines) is properly inspected and maintained.
Duty holders must:
o Avoid work at height where they can
o Use work equipment or other measures to prevent falls where they cannot avoid working at height; and
o Use work equipment or other measures to minimise the consequences of a fall
Ignorance is no excuse when it comes to accidents in areas for which you have responsibility. All staff should be clearly instructed on what they are and are not allowed to do and suitable training must be given. Training may simply consist of a written briefing sheet that the employee is required to read but you should keep a record of what training has been given and get the employee to sign to confirm they have attended training and understood the information provided.
If you have residents that insist on undertaking tasks themselves such as changing light bulbs, cleaning gutters etc, then you should make sure that all access to areas and equipment used in these activities is securely locked and instructions are given that they should not do this.
The Working at Height Regulations are intended to reduce death and injury; if followed, they could certainly save the stress of dealing with an accident, the cost that may ensue and possible prosecution.
David Foster is Director Eljay Health & Safety Services Ltd
E-Mail: dfoster@ljsafety.co.uk