In April 2005 a new piece of legislation was introduced regarding working at heights. These are a mandatory requirement for all employers to comply with, where the nature of their business deems that their employees will work at height or where there is a risk of falls that are liable to cause injury.

This legislation places the duty of care on to employers, the self employed, and any other person who controls the work of others at height, for example facilities managers or building owners who may contract others to work.

Despite modern equipment such as scissor lifts, cherry pickers, boom lifts and safety harnesses, which significantly reduce the risk of falls from working at height, it is still imperative that each individual piece of work that is to carried out whilst working is comprehensively risk assessed. The risk assessment should not just incorporate the safety precautions and actions required to be completed by the employee but also the necessary steps that should be undertaken in ensuring the equipment to be used is maintained at a satisfactory standard.

For example, when undertaking the completion of a risk assessment for work that involves the use of a scissor lift, not only should the risk assessment contain information and direction for the employee surrounding the correct use of the lift and the wearing of appropriate personal protective equipment, but also should contain details surrounding the mechanics of the scissor lift, such as a visual maintenance check prior to each use, but also the regular service and maintenance of the lift. It is imperative that employers remember that writing a risk assessment alone is not the end of their responsibility toward their employees. Employers are also responsible for ensuring that employees are aware of and have understood the relevant risk assessments, are made aware of any changes made to the assessment and have access to read the risk assessment as and when they require. Responsibility for the documentation of staff training, evidence that the employee understands the risk assessment, and storage of the risk assessments themselves in an accessible location also lays with the employer.

It is worth noting that under the Health and Safety at work act, employees must take responsibility for their own actions and as such should be made aware that when they confirm that they have read and understand how to implement the appropriate risk assessment that they should indeed actually understand how to implement it in line with safety procedures.