Falls from height remain the leading cause of fatal workplace accidents in the UK, even though for a few years after 2008, there was a slight reduction in numbers. Since 2019, the number of fatalities has again started to rise. 

In 2023/2024, fifty workers lost their lives due to falls from height, accounting for 36% of all fatal accidents in the year. This figure also represents a 20% increase in the number of fatalities in the previous year.

By its very nature, working at height is a highly dangerous occupation – so inherently dangerous that Regulation 6(2) of the Work at Height Regulations (WAHR) 2005 provides:

“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.” 

However, the safety measures set out in the WAHR, supplemented by the more general provisions of the Health and Safety at Work Act etc., 1974, provide a blueprint for safe working at height if no other options exist for carrying out the work. 

Working from height is often the only means of getting the job done in the building trade. However, as the construction industry continually accounts for the highest number of fatalities each year and falls from height the highest type of fatal accident, something isn’t working despite all the regulations.

The Regulations Surrounding Working at Height – in Practice

The Work at Height Regulations 2005 (WAHR) apply to employers, project controllers, and building owners who employ others for such work.

As previously mentioned, the WAHR’s guiding principle is to avoid working at height and use tools like extendable equipment. If it’s unavoidable, careful planning is a must.

Key steps for employers to prevent accidents include:

  1. Conducting thorough risk assessments to identify potential dangers.
  2. Developing safety plans, considering weather conditions and fragile surfaces.
  3. Creating emergency plans.

By following these steps, employers can significantly reduce the risk of construction site accidents and potential construction accident claims, ensuring worker safety remains a top priority.

Maintenance and inspection

Employers must implement robust systems for inspecting and maintaining all height-related equipment, including access gear and personal protective equipment (PPE), to comply with their legislative obligations. 

When working at height is unavoidable, existing safe places should be used. Employers must minimise fall distances and consequences using appropriate safety equipment and netting if fall risks aren’t eliminated.

The WAHR requires employers to ensure that employees who work at heights are competent and possess the necessary skills, knowledge, and experience. Employers who frequently require employees to work at height must ensure that thorough training is provided.

Why can’t the Construction Industry significantly reduce the number of Fatal Accidents caused by Falls from Height in its sector?

Despite all the regulations surrounding working from heights and the fact that employers and workers know what the main hazards are and where the risks lie, something clearly isn’t working.

Is lip service being paid to the regulations, inspections and training? 

Are too many corners being cut to get jobs done more quickly at the expense of safety measures?

The answer to both questions is probably, “In some cases, yes.” 

What about the ‘stick before carrot’ approach?

Most businesses operating in the building and construction sectors take a robust approach to their duties to keep their employees safe at work and provide them with a safe work system. 

Even then, accidents can happen despite all best practices being followed.

However, just as in any other business sector, some companies in construction work corners, pay lip service to providing their employees with a safe system of work, or simply aren’t very well run. 

In other words, they are accidents waiting to happen. They break the law surrounding Health and Safety regulations, and when a serious accident happens, they face prosecution from the HSE.

A company facing an HSE prosecution may face unlimited fines, and its directors may receive jail time and disqualification as company directors for up to 15 years. The knock-on effects on a company’s reputation can be devastating.

However, whatever deterrent effects HSE prosecutions carry, they are watered down by the extent to which the organisation has been denuded of core aid funds since 2010, meaning its ability to function even adequately has been severely impaired.

Put simply, the HSE isn’t able to carry out its work to anything like the extent it needs to if it is to make a difference.

Whether the change of government may be the catalyst to a rejuvenated HSE remains to be seen.  

Will a simplified incident reporting system for falls from height help reduce the number of accidents?

The Access Idustry Forum (AIF), which represents the ten principal trade associations and federations involved in work at height, researched the data collected on the circumstances surrounding falls from height. It found that the system of reporting such accidents makes it difficult to identify their cause. Therefore, the data will not identify whether an accident was caused by poor training, faulty equipment or negligence. 

Peter Bennett OBE and Chair of the AIF and No Falls Foundation, was quoted as saying:

“The latest HSE fatal injury figures paint an overwhelmingly bleak picture. It’s clear something isn’t working. Most falls from height are avoidable, but only if we can understand what’s causing them in the first place.

Very little information is provided on the circumstances around fatal (and non-fatal) incidents, with current reporting focused on the type of incident as opposed to what caused it in the first place. This needs to change if we are to tackle the worsening issue of workers being killed, and the number of people who suffer the life-changing consequences of a fall from height.

We know that working at height can be dangerous, but we should be able to put appropriate and robust measures in place to make it safer. Too many people are dying at work from falls from height. It’s unacceptable, and now more than ever, it’s time for change.”

Mooneerams Solicitors is a niche personal injury law firm based in Cardiff. It also has meeting facilities in Bristol and London. The firm specialises in accident at work claims. 

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