Further consultation on Work at Height Regulations: 2-Metre rule

HSC press release C048:04 - 25 October 2004

Today, the Health and Safety Commission (HSC) launches a six-week consultation on a proposed regulation to be added to the draft Work at Height Regulations.

This regulation will retain a provision already in construction safety law that requires employers in the construction industry to provide particular work equipment and fall protection measures where work is undertaken at or above two metres.

This proposal is the result of representations made by the construction industry, which is seeking to maintain its existing practices by retaining the current 2-metre rule in these new regulations. This may have implications for other industries, which is why a short sharp consultation exercise is being undertaken to gather views from construction industry and other stakeholders.

Bill Callaghan, Chair of HSC said, "There has already been extensive consultation on these Regulations, although not on this particular point and because it may have implications for our stakeholders generally, we felt it was important to seek their views now on this issue.

"We have already written to the 750 people and organisations who responded to our original consultation but we also want to make sure that everyone who has a view has the opportunity to tell us about it.

"Further details and an electronic reply form can be found on HSE's web site at http://www.hse.gov.uk/consult/letters/falls.htm."

He added: "The Commission is keen to address this issue and make its recommendations to Ministers by Christmas. This is why the consultation period lasts only six weeks, ending 3 December 2004."

Notes to editors

1. The draft Work at Height Regulations (WAHR) are intended to bring together all existing work at height regulation and implement the EC Temporary Work at Height Directive.

2. Draft Regulations were consulted on between December 2003 and April 2004. The consultation raised a number of challenging issues that have led to further discussions with stakeholders. One of the issues raised by the construction industry, although not something consultees were asked to comment on directly, was the industry's '2-metre rule'.

3. The 2-metre rule is an existing provision in the Construction Health Safety and Welfare Regulations (CHSWR). In essence this provides that for construction work above two metres employers should use specific measures to provide fall protection. Guardrails or similar work equipment should be used to prevent falls and sufficient working platforms to do the work. Where it is not practicable to do this, because of the nature or duration of the work, then personal suspension equipment should be used; and where neither of these is practicable other suitable and sufficient means for arresting a fall should be used.

4. The consultation has come about as a result of decisions taken by the Health and Safety Commission (HSC) at its open meeting on 12 October 2004. It will test the support for such an additional provision in the WAHR and gain a better understanding of whether it will impact on other industries.

5. The consultation starts on Monday 25 October and ends on Friday 3 December. The results will be presented to the HSC on 7 December for a decision.

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