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PART 2DUTIES OF EMPLOYERS

Competence

6.  The employer shall ensure that no person engages in any activity, including organisation, planning and supervision, in relation to work at height or work equipment for use in such work, unless that person is competent to do so or, if being trained, is being supervised by a person who is competent to supervise and do that activity.

Organisation of work at height

7.—(1) The employer shall ensure that work at height is—

(a)properly planned;

(b)appropriately supervised; and

(c)carried out in a manner which is so far as is reasonably practicable safe,

and that the planning includes the selection of work equipment by application of the regulation 8 criteria.

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

(3) The references in paragraph (1) to planning of work include planning for emergencies and rescue situations.

Assessment and selection of work equipment for work at height

8.—(1) In identifying the measures required by this regulation, the employer shall take account in particular of—

(a)the risk assessment required by regulation 7 of the General Duties Regulations (having regard to the general duties contained in regulation 5 of those Regulations and the particular risks of carrying out work at height);

(b)the requirements of regulation 6 of the Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006; and

(c)the requirements of regulation 7 of the Merchant Shipping and Fishing Vessels (Lifting Operations and Lifting Equipment) Regulations 2006.

(2) The employer shall ensure that work equipment for temporary work at height provided for use or used by workers is the most suitable to ensure and maintain safe working conditions.

(3) When providing work equipment in accordance with paragraph (2), the employer shall—

(a)give collective protection measures priority over personal protection measures;

(b)select work equipment that has characteristics including dimensions which—

(i)are appropriate to the nature of the work to be performed;

(ii)are appropriate to foreseeable loads and stresses;

(iii)allow passage without danger; and

(c)in the case of work equipment which is a means of access to a workplace at height—

(i)select the most suitable work equipment taking into account the frequency of passage, the height to be negotiated and the duration of use;

(ii)ensure the choice of work equipment permits evacuation in the event of imminent danger; and

(iii)ensure that passage in either direction between the work equipment selected and a working platform does not give rise to any additional risk of falling.

Duty to minimise risks

9.—(1) The employer shall take appropriate measures to minimise the risks inherent in the work equipment for work at height selected by application of the regulation 8 criteria.

(2) Where necessary, the measures taken under paragraph (1) shall include the installation of safeguards which shall be of a suitable configuration and strength—

(a)to prevent, or where that is not possible, arrest falls from a height; and

(b)as far as possible, to preclude injury to workers.

Weather conditions

10.  The employer shall ensure that work at height, so far as is reasonably practicable, is carried out only when the weather conditions do not jeopardise the health or safety of persons involved in the work.