Ladders and the Work at Height Regulations (WAHR)

New legislation (WAHR) is due to come into force during 2004. The BLMA (British Ladder Manufacturers Association) has produced this document in consultation with the HSE (Health & Safety Executive), the DTI (Department of Trade & Industry) and BSI (British Standards Institution) to assist in the understanding of how the new legislation will affect the use of ladders & stepladders, further the HSE will be producing more guidance on ladders & stepladders later this year at part of the general guidance on the Work at Height Regulations.

The use of portable ladders in industry in the UK is currently controlled under a number of legal items including.

• Health and Safety at Work Act 1974
• Construction (Health, Safety & Welfare) Regulations 1996 (CHSWR)
• Management of Health and Safety at Work Regulations 1999
• Manual Handling Regulations 1992
• Personal Protective Equipment Regulations (PPE) 1992*
• Provision and Use of Work Equipment Regulations (PUWER) 1998
• Workplace (Health, Safety and Welfare) Regulations 1992

The primary objective of the new legislation is to eliminate work at height where possible and where it is not possible to ensure that ALL work at height is performed safely and that equipment has been appropriately selected, whether it is from a scaffold, mobile work platform, mobile access tower, ladder or stepladder.

Many of the requirements contained in the new legislation already feature in existing legislation specific to the construction industry and under the new legislation there will be applied to all sectors of the economy. All work at height will be covered and not limited to any specific height or work equipment used.

As under existing legislation, duties are placed on employers, the self-employed and employees.

• Eliminating or minimising risks from work at height
• Organising and planning work at height
• Selecting suitable work equipment to perform work at height

When selecting suitable work equipment account must be taken of the principles of Risk Assessment as required by Regulation 3 of the Management of Health and Safety at Work Regulations 1999. The Risk Assessment and the action taken should be appropriate to the harm that could occur if no action was taken.

Where works at height cannot be eliminated/avoided, safe means of access/working should be considered. As far as ladders and stepladders in particular are concerned the following should be considered:

• What is it to be used for
• Type of ladder
• Loads to be carried
• Duration of the work
• Prevention of and consequences of falls
• Wear and tear of equipment
• Other suitable access equipment
• Frequency of access
• Training and abilities of users
• Workplace, ground and site conditions including, access and egress and external factors e.g. weather and vandalism as well as safety from electrical shocks

Ladders and stepladders are Work equipment as defined by PUWER 1998 and must be suitable for the task to be undertaken.

Ladders and stepladders can be used as workplaces when it is not reasonably practicable to use other potentially safer means and the Risk Assessment shows that the risks are low.

Ladders and stepladders should be used in accordance with the manufacturer's instruction and:

• Leaning ladders should be placed at the correct angle
• Leaning ladders should be secured to prevent slippage
• Ladders should be placed on firm level surfaces with rungs horizontal
• Users should face the ladder at all times whilst climbing or dismounting
• Stepladders should not be used sideways-on where sideways loads are applied
• Only one person should climb or work from a ladder or a stepladder
• Do not overreach
• Ladders and stepladders should be stored correctly
• Ladders and stepladders should be checked before setting up and inspected regularly by a competent person

Note: WAHR spells out the need to check and maintain ladders and stepladders. WAHR are not requiring anything new, but they are clearly stating the general requirements of PUWER to maintain and inspect work equipment (Regulations 5 & 6 (2)).

Many of these points do not change from current legislation however the BLMA have produced Risk Assessment Guideline forms for leaning ladders and stepladders to aid those responsible for ladder use, and these are available from the association and Ramsay's as a free download from this website.

Employees should report any activity or defect relating to work at height which is known to be likely to endanger the safety of themselves or others and employees should use work equipment or safety devices provided for work at height in accordance with training and instructions that have been given.

Produced by the BLMA in consultation with the Health and Safety Executive, The Department of Trade and Industry and the British Standards Institution.