Injury while working at heights is a commonplace risk in a variety of working environments, from construction sites to retail and hospitality premises.
Research by the Health and Safety Executive notes that falls from height are the third-highest cause of fatal injury in the food and drinks industry, and that almost half of all construction accidents resulted from falls from height in the period 2019/2020. Given this risk it is the legal duty of employers to prevent the need for access to height where possible.
However, there are many situations where the need for access to height cannot reasonably be avoided. The law surrounding working at height (the Working from Height Regulations 2005 ) places obligations on employers to take appropriate precautions to minimise risk where working from heights is unavoidable.
The legal requirements placed on employers will ultimately depend on the nature of the work being carried out. Employers should assess the risk involved in the circumstances and make sure that all work from height is properly planned and performed by competent employees. Higher risk work will require a greater degree of planning and other safeguarding measures from employers, while less dangerous work will require a reduced degree.
For example, a prevalent cause of accidents involving working at height arises where employees are required to use ladders and similar equipment in the course of performing their duties. Under the law, employers should ensure that employees using ladder equipment are provided with adequate training or supervision on its use. Employers should also ensure that the ladders provided are appropriate for the specific work carried out and are properly inspected and maintained. For other equipment for working at height, the law places additional specific requirements such as guard-rails, nets, and other safety provisions.
Where an employer’s failure to adequately fulfil their legal duties has led to an employee’s injury, this can give rise to liability on the part of the employer which can form the basis of a claim for damages by that employee.
If you think you may have a claim following an accident at work, you can contact us to discuss the matter on 0800 988 8082 or complete our online enquiry form and a member of our team will get back to you right away.
